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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-253Temp. Reso. #7567 - October 1, 1996 1 Revision #1 - October 23, 1996 CITY OF TAMARAC RESOLUTION NO. R-96 2. 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 9701A" WITH MADSEN/BARR- ALLWASTE CORPORATION FOR SANITARY SEWER SYSTEM REHABILITATION UTILIZING THE CITY OF HOLLYWOOD WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION BID PACKAGE "B",(2) THE "CURED -IN -PLACE SECTIONAL LINERS REPAIRS CONTRACT 9701 B" WITH VIDEO INDUSTRIAL SERVICES, INC. FOR SANITARY SEWER SYSTEM REHABILITATION UTILIZING THE METROPOLITAN DADE COUNTY CURED - IN -PLACE SECTIONAL PIPE LINING METHOD CONTRACT NO. S-612R, AND (3) THE "CURED -IN -PLACE PIPE LINING REPAIRS CONTRACT 9701C" WITH INSITUFORM SOUTHEAST INC., FOR WASTEWATER SYSTEM REHABILITATION UTILIZING THE BROWARD COUNTY CURED -IN -PLACE LINING REPAIRS CONTRACT NO. P890- 96 FOR WHICH THE DIRECTOR OF UTILITIES IS AUTHORIZED TO APPROVE WORK TASKS UNDER EACH CONTRACT UP TO A COMBINED TOTAL COST NOT TO EXCEED $400,000 FOR THE FY97 INFLOW AND INFILTRATION PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Office of Environmental Services has conducted an Inflow & Infiltration (I&I) Study identifying Tamarac as having an excessive amount of I&I conveyed to Broward County Treatment Facility; and Temp. Reso. #7567 - October 1, 1996 2 Revision #1 - October 23, 1996 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 FY97 list of excessive I & I locations have been identified in the Woodlands, Shaker Village, Woodland Meadows, Seven Winds, Westwood 23 and adjoining areas (attached hereto in map form as "Exhibits 1,2, 3 and 4") 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 FY97 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 chose 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 9701K (Attached hereto as "Exhibit 5"); and WHEREAS, Video Industrial Services, Inc., has offered to extend the unit prices under a contract with Metropolitan Dade County to the City of Tamarac for the rehabilitation of sewers with the execution of the "Cured -in -Place Sectional Liners Repairs Contract Temp. Reso. #7567 - October 1, 1996 3 Revision #1 - October 23, 1996 9701 B" (Attached hereto as "Exhibit 6"); 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 9701 C° (Attached hereto as "Exhibit 7" ); 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 $400,000; and WHEREAS, the Director of Utilities recommends 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., under the City of Hollywood contract "B" for Rehabilitation of Sewers by Fold -and -Formed Pipe Lining; (2) Video Industrial Services, Inc., under the Metropolitan Dade County Contract No. S-612 for Rehabilitation of Sanitary Sewers by the Cured -in -Place Sectional Pipe Liners; and (3) Insituform Southeast, Inc., under the Broward County Contract No. 890-96 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 Temp. Reso. #7567 - October 1, 1996 4 Revision #1 - October 23, 1996 $400,000. 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-Aliwaste, Inc., under the City of Hollywood contract "B" for Rehabilitation of Sewers by Fold -and -Farmed Pipe Lining; (2) Video Industrial Services, Inc., under the Metropolitan Dade County. Contract No. S-612 for Rehabilitation of Sanitary Sewers by the Cured -in -Place Sectional Pipe Liners; and (3) Insituform Southeast, Inc., under the Broward County Contract No. P890-96 for Rehabilitation of Sanitary Sewers by the Cured -in -Place Pipe Liners method for the FY97 Inflow and Infiltration Project. SECDON : 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 $400,000. 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. 1 Temp. Reso. #7567 - October 1, 1996 5 Revision #1 - October 23, 1996 SECTIQN 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 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�day of -M) -6MC3r— R- , 1996. / L, LAR MISHKIN VICE MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have apgT,oved this Resolution as to/ MITCHELL S. KRAF CITY ATTORNEY Utilities:rmc RECORD OF COMMISSION VOTE MAYOR DIST 1: DIST Z: ti DIST 3:QQt1d- - DIST 4: No Text le --4y 6 `" S�3 EXHIBIT 2 AREA OF INFLOW AND INFILTRATION PROGRAI[ LS81BSNEX,DWG MAKER VILLAGE, WOODLAND XZADOW8 LIFT STATION BASIN AREA 63-P0 VFLO SEVEN WINDS LIFT STATION BASIL AGREEMENT BETWEEN THE CITY OF TAMARAC ►•1:1 s MADSEN/BARR ALLWASTE CORPORATION FOR THE " OLD-AND-FO MED P E LININ9 REPAI S CONTRACT 970'IA" CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION iUTILITIES DEPARTMENT PROJECT NO. 97-01/A THIS AGREEMENT, made and entered into this 2jday of No em k4-v- " in the year Nineteen Hundred Ninety Six (1996) 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 Ma Barr AIIwasJg-Qzg1=ation with principal offices located at 111.7 NW 55th Street. Fort Lauderdale. Florida 33309 (the "CONTRACTOR") to provide for .Fold -and -Formed Pipe LiningRegairs to the CITY of Tamarac Wastewater Collection System Gravity Sewer Rehabilitation (Project No. 97-01/A). 1) The Contract Documents The contract documents consist of this AGREEMENT, conditions of the City of Hollywood Wastewater Collection System Sewer Rehabilitation Bid Package "B"/Bid Documents (the "HOLLYWOOD CONTRACT") (General, Supplementary, and other Conditions), the drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this AGREEMENT. These contract documents form the AGREEMENT, and all are as fully a part of the AGREEMENT as if attached to this AGREEMENT or repeated herein. 2) The Work The CONTRACTOR shall perform all work for the CITY required by the contract "9701A" Madsen Barr / Allwaste C - 1 Con971 a0 971001 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 Project known and identified as "Fold -and -Formed Pipe LiningRepairs, Project No. 97-01/A" and shall do everything required by this AGREEMENT, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. 2. CONTRACTOR shall clean up and remove each day all debris and material created by the work at CONTRACTOR's expense. 3. CONTRACTOR shall supervise work force to ensure that all workmen conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures. 4. All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. 5. CONTRACTOR shall provide 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. 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 "9701A" Madsen Barr / Allwaste C - 2 Con971 a0 971001 e 9�1 --a � 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 not lower than A - XII 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. "9701A" Madsen Barr /Allwaste C - 3 Con971a0 971001 • C I C� The following are required types and minimum limits of insurance coverage which the CONTRACTOR agrees to maintain during the term of this AGREEMENT: GENERAL LIABILITY Commercial 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 Commercial Owned Hired Non -Owned WORKERS' COMPENSATION PER OCCURRENCE AGGREGATE $ 1,000,000 $ 2,000,000 PER OCCURRENCE $ 1,000,000 STATUTORY 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 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 "9701A" Madsen Barr / Allwaste C - 4 Con971 a0 971001 �e s�, - ��-� 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: .9701A' Madsen Barr / Allwaste C - 5 Can971 a0 971001 • "FOLDmAND-FORMED PIPE LINING REPAIES C NT CT 9701 A" ilrRIRI®RORi CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 97-01/A SCHEDULE OF VALUES FOR WORK TASKS TASK ITEM DESCRIPTION OF TASK (BID) ITEM UNIT UNIT PRICE QUAN. " B1 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 82 BYPASS PUMPING OF SEWERS B2.1 BYPASS 8" SEWERS EA $800.00 B2.2 BYPASS 10 TO 12" SEWERS EA $1,100.00 83 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 B7 ROOT REMOVAL IN SEWER LINES B7.1 8" TO 12" DIAMETER LF $3.50 B8 WARRANTY TV SURVEY LF $2.25 B9 INDEMNIFICATION 89.1 INDEMNIFICATION LS $10.00 NOTE: Quantities for this schedule of values will be assigned as Work Tasks and will depend on field conditions. " PER ASSIGNED WORK TASKS "9701A" Madsen Barr/Allwaste C - 6 Con971a0 971001 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 Proiect 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 40 this AGREEMENT which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the CITY and/or Director of Utilities. Material invoices shall be submitted with each Progress Payment Request when payment for material furnished but not installed is requested. Payment for materials furnished but not installed will only be made subject to applicable retainage and when said materials are stored on site in satisfactory condition or when said materials are stored in a bonded warehouse. A Progress Payment Affidavit shall be submitted by the CONTRACTOR to the Director of Utilities or his Designee with every monthly progress payment request indicating that all lienors under the CONTRACTOR's direct contract have been paid in full. On or about the twentieth day after receipt of invoice, the CITY will pay to the CONTRACTOR the value based on the CONTRACTOR's estimate and invoice as approved by the Director of Utilities or his Designee, less the percentage retained, less the aggregate of previous payment. Included with the CONTRACTOR's progress estimate requests shall be a complete breakdown of the project components, the quantities completed and the amount due, in accordance with the Schedule of Values requirements of this AGREEMENT, together with such supporting evidence as may be required by the Director of Utilities or his Designee. '9701A' Madsen Barr / Allwaste C - 7 Con971 a0 971001 ,e- S6, 6 0 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 subject of this AGREEMENT. Payment of the invoice and acceptance of such payment '9701A' Madsen Barr / Allwaste C - $ Con971 a0 971001. 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 LiningRepairs to the CITY of Tamarac stews er Collection System Grayb Sewer Reha ' tion o'ect No,..2z-0 1/A 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 be those of the CONTRACTOR. "9701A" Madsen Barr / Allwaste C - 9 Con971a0 971001 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 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. 0 19) Venue This AGREEMENT shall be governed by the laws of the State of Florida as now and "9701A" Madsen Barr / Allwaste C - 10 C0n971 a0 971001 r� 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. "9701A" Madsen Barr / Allwaste C - 11 Con971 a0 971001 • IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the respective dates under each signature. CITY OF TAMARAC, through its Vice 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 Manager 91d Carol Evans, CITY Clerk STATE OF FLORIDA COUNTY OF SS CITY OFT ARAC B Y: arty Mishkin, Vice Mayor Date: // . Zs/9(0 , : BY Robert S. Noe, Jr., CITY Mariager LIM Date:�Z/9� as to form,,and legal sVfficiency: I S. Kraft, fAII&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 — known to be the person(s) described in and whp executed the foregoing instrumen "an acknowledged before me that executed the same. WITNESS my hand and official seal this �_ day of Abliviegm 19Z jllllllllllllllllllJllllJlllllllll111J111llllllJl� ;c *%Y ass Karen Jackson ' }' Notary Public, State of Florida ; r3 Commission No. CC 539151 ,c 0, woe My Commission Expires 05/ 14l00 , c �< I-9007-NOTARY - FIL Nowt' Service & ROD"g Co. 1)111�1111)115111)1111)1)�l))11�1))�11511�`fl�))1> (�<O Personally known to me or ( ) Produced identification 'NOTARY PUBLI , State of Florida at Large 5 (Signature of Notary Public:, Stamp, or Type as Commissioned)Print Type of I.D. Produced ( ) DID not take an oath, or (DID NOT take an oath. "9701A" Madsen Barr / Allwaste C-12 Con971a0 971001 ,- 5' - '?�S-a • • CONTRACTOR ATT7'T : Corporate Secretary William L. Fiedler Type/Print Name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA : SS COUNTY• ' Madsen/Barr Allwaste Cor oration By: d # � �- Vice President Robert H, Madsen _ Type/Print Name of Vice President Date: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Stat foresaid and in the Co my aforesaid to take acknowledgments, personally appeared �. of (off r or a ent and till a Corporation, to (name of corporation) (State or place of corporation) me knolin to be the person(s) described in and Whq executed the foregoing instrument and�acknowledged before me that executed the same. WITNESS my hand and official seal this _� day of , 199L �P�V PO OFFICIAL NOTARY SEAL livc 1 Y{i JENNIFER ANNE LOOMI 36 U� COMMISSION NUMBER MY COMMI6�ION EXP, OF Fed ( Personally known to me or ( ) Produced identification "ttg4FedPr Wol U,0-- - —, is 10 "'WROIX-41 W-al - - — - - - - - - - - - - - - - - - - - - - - - - - - - - 7 State of • •. at Large L LT (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID not take an oath, or ( ) DID NOT take an oath. "9701A" Madsen Barr/ Allwaste C-13 Con971a0 971001 • FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated , 199, in connection with the following public work: CONTRACT NO. 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. FRLmast.wpd FRL-1 Rev. 6/3/96 "_ 'n 7 • 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) (Signature) Corporate Secretary President (Type Name) (Type Name) (SEAL) The foregoing instrument was acknowledged before me this_ 199 , by (officer or agent and title) day of 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) FRLmast.wpd Notary Public, State of Florida (Type or print name of Notary) Commission No. (Title or Rank/Serial No., if any) FRL-2 Rev. 6/3/96 0 AFFIDAVIT ON BEHALF OF CONTRACTOR U 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 in connection with the following public work: 2. That Affiant is (President, Sole Proprietor or Partner) of the above -named Contractor. 3. 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. FRLmastwpd FRL-3 Affiant Rev. 6/3/96 C� • of The foregoing instrument was acknowledged before me this day of 199 , by (name of corporation) (officer or agent and title) a corporation, (State or place of corporation) on behalf of the corporation. He/She is (personally known to me or has projected identification) (type of identification) My Commission Expires: (SEAL) FRLmast.wpd and (did/did not) take an oath. Notary Public, State of Florida (Type or print name of Notary) Commission No. (Title or Rank/Serial No., if any) FRL-4 Rev. 6/3/96 • • AGREEMENT BETWEEN THE CITY OF TAMARAC AND VIDEO INDUSTRIAL SERVICES, INC. FOR THE "CURED -IN -PLACE SECTIONAL LINERS REPAIRS C NTRACT 9701 B" CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 97 - 01/13 THIS AGREEMENT, made and entered into this Zf day of 4atf in the year Nineteen Hundred Ninety Six (1996) 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 Video s ri I Services, Inc. with principal offices located at 113 Sheridan Birmingham, Alabama 35214 (the "CONTRACTOR") to provide for Cured -in - Place Sectional Liners Regairs to the CITY of Tamarac Wastewater Collection System Gravity Sewer Rehabilitation (Project No. 97-01/13). 1) The Contract Documents The contract documents consist of this AGREEMENT, conditions of the Metropolitan Dade County, Florida Countywide Contract for Rehabilitation of Sanitary Sewers by the Cured -in -Place Sectional Pipe Lining Method, Contract No. S-612 (Revised)/Bid Documents (the "DADE 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. "9701 B" video Industrial Services C-1 Con971b0 971002 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 DADE CONTRACT and the terms of this AGREEMENT, the Project known and identified as "Cured -in -Place Sectional Liners Repairs, Project No. 97-01/13" and shall do everything required by this AGREEMENT, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. 2. CONTRACTOR shall clean up and remove each day all debris and material created by the work at CONTRACTOR's expense. 3. CONTRACTOR shall supervise work force to ensure that all workmen conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures. 4. All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal Injuries caused by the CONTRACTOR's failure to safely store equipment. 5. CONTRACTOR shall provide 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 DADE 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 DADE 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 '9701B" Video Industrial Services C - 2 Con971b0 971002 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 $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 "97018" Video Industrial Services C - 3 Con971b0 971002 0 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 receipt of official NOTICE TO PROCEED and shall be carried on at a rate to insure its full completion within orie hundred twenty (120)calendar days, the rate of progress and the time of completion being essential conditions of this AGREEMENT. Dedugfion-forNgt Qompigling on Time,: If the Contract work is not fully completed, isaccording 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 "9701 B" Video Industrial Services C - 4 Con971 b0 971002 e- i� "'-) -�5� • 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 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 DADE 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 DADE CONTRACT, the following prices: "9701 B" Video Industrial Services C - 5 Con971 b0 971002 "CURED -IN -PLACE SECTLINER REPAIRS CONIIIAQ 97011399 CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 97 - 01/B SCHEDULE OF VALUES FOR WORK TASKS TASK ITEM DESCRIPTION OF TASK (BID) ITEM QUAN" UNIT UNIT PRICE C1 CURED- IN -PLACE SECTIONAL LINER REPAIRS C1.1A CIP 8" Sectional Liner up to 6 Ft. EA $ 1.310 C1.113 Additional CIP 8" Sectional Liner in Excess of 6 Ft. LF $ 26 C1.2A CIP 10" Sectional Liner up to 6 Ft. EA $ 1,395 C1.213 Additional CIP 10" Sectional Liner in Excess of 6 Ft. EA $ 35 C1.3A CIP 12" Sectional Liner up to 6 Ft. EA $ 1,450 C1.36 Additional CIP 12" Sectional Liner in Excess of 6 Ft. EA $ 40 C1.4A CIP 15" Sectional Liner 2 to 6 Ft. EA $ 1,620 C1.4B Additional CIP 15" Sectional Liner in Excess of 6 Ft. EA $ 60 C2 BYPASS PUMPING OF SEWERS C2.1 BYPASS 8 TO 12" SEWERS E4 $ 200 C2.2 BYPASS 15 TO 18" SEWERS E4 $ 1,000 C7 WARRANTY TV SURVEY LF $ 2.25 C9 INDEMNIFICATION C9.1 INDEMNIFICATION 1 LS $ 10.00 TOTAL CONTRACT NOTE: Quantities for this schedule of values will be assigned as Work Tasks and will depend on field conditions. * PER ASSIGNED WORK TASKS "9701 B" Video Industrial Services C - 6 Con971b0 971002 ,". 5G-az I D- - -Z.,—. 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 isand 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 arestored 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 "9701B" Video Industrial Services C - 7 Con971b0 971002 s6.,-2 6­3- 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, the total value of work done since the last estimate amounts to less than five thousand 0 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 '9701B" Video Industrial Services C - 8 Con971b0 971002 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 Cured -in -Place Sectional Liner Reoairs to th of Tamarac Wastewater Collection System Gravity Sewer Rehabilitation (Project No. 97: 01/B) 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 attomeys' 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 *9701B" Video Industrial Services C - 9 Con971b0 971002 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 John S. Kulbitskas, President VIDEO INDUSTRIAL SERVICES, INC. 113 Sheridan Birmingham, Alabama 35214 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. "97018" Video Industrial Services C - 1Q Con971b0 971002 LJ 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. "97019" Video Industrial Services C - 11 Con979b0 971002 r] IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the respective dates under each signature. CITY OF TAMARAC, through its Vice Mayor and VIDEO INDUSTRIAL SERVICES, INC., signing by and through its President, duly authorized to execute the same. ATTEST: Robert S. Noe, Jr., CITY Manager dt'� Carol Evans, CITY Clerk STATE OF FLORIDA R&I COUNTY OF _ORDiti1A-RD CITY OF TAMARAC By: Larry Ilishkin, Vice Mayor Date: — - By: ✓ l� ` r,—t S! 't-e Robert S. Noe, Jr., CITY Mana er u' tU: �e o form and leg sufficient MI ch II S. kra'ft,/CyrY 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 LhgjU tal Sd�/ N a o v- T S-k)DC,,Te�sdzy c,. le . to me known to be the person(s) described in and wh executed the foregoing instrument and _acknowledged before me that executed the same. WITNESS my hand and official seal this 2��- day of N , 199 6 ��lllXXlllll111lX1!!lllllllllllllll7lllllllN!!J� Karen Jackson Notary Public, State of Florida , o Commission No. CC 539151 y ,i 'l'or not My Commission Expires 05114l00 , .4 1.so"-NOTARY - t'1L NOMY service & aondiDr Co. , Personally known to me or ( ) Produced identification NOVARY PUIVIC, State of Florida at Large ti YhCe,�:OA) ( ignature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID not take an oath, or ") DID NOT take an oath. "9701 B" Video Industrial Services C-12 Con971b0 971002 • • ATTEST: Corporate Secretary Arnold „E., Stewart_ Type/Print Name of Corporate Secretary (CORPORATE SEAL) STATE OFA COUNTY OFr'�_'�?'� CONTRACTOR iKlrl%l'r RIAL aERVICES,It. By:. President John S. Kutbitskas Type/Print Name of President Date: 5 1 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 tin 3 j &'. � -of-") ed (officer or agent and title) „2�f aj re r .lNa —__ , aA - 4 q 13 4 !nv 19- 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 before me that Lr- _ executed the same. WITNESS my hand and official seal this S day of 0 G t __, 199L ( Personally known to me or ( ) Produced identification -r- NOTARY PUBLIC, State of fida a Large L. (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID not take an oath, or ( ) DID NOT take an oath. "97019" Video Industrial Services C-13 Con971b0 971002 • FINAL RELEASE OF LIEN BY CO TRJICTOR • STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated , 199, in connection with the following public work: CONTRACT NO. 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. FRlmast.wpd FRL-1 Rev. 613196 rr • 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: (Signature) Corporate Secretary (Type Name) (SEAL) Contractor (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) Notary Public, State of Florida My Commission Expires: (SEAL) (Type or print name of Notary) Commission No. (Title or Rank/Sedal No., if any) FRt.mast.wpd FRL-2 Rev. 613196 r� • • AFFIDAYIT ON 9EHALF OF QQMT ACTOR 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 in connection with the following public work: 2. That Affiant is (President, Sole Proprietor or Partner) of the above -named Contractor. 3. 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. FRLmast.wpd FRL-3 Affiant Rev. 6/3/96 C7 �J J of The foregoing instrument was acknowledged before me this day of 199, by (officer or agent and title) (name of corporation) a corporation, (State or place of corporation) on behalf of the corporation. He/She is (personally known to me or has projected identification) (type of identification) My Commission Expires: (SEAL) FRI-mast.wpd and (did/did not) take an oath. Notary Public, State of Florida (Type or print name of Notary) Commission No. (Title or Rank/Serial No., if any) FRL-4 Rev. 6/3/96 0 AGREEMENT BETWEEN THE CITY OF TAMARAC AND INSITUFORM SOUTHEAST, INC. FOR THE "CURED-IN-PLACE_PIPE LINING ;REPAIRS CONTRACT 9701 C" CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION 0 UTILITIES DEPARTMENT PROJECT NO. 97 - 01/C THIS AGREEMENT, made and entered into this Z5 day of N©Veem l e-r , in the year Nineteen Hundred Ninety Six (1996) 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 InsitufQr—rn 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. 97-01/C). 1) The Contract Documents The contract documents consist of this AGREEMENT, conditions of the Broward County Cured -in -Place Lining Repairs Contract No. P890-96/Bid Documents (the "BROWARD CONTRACT') (General, Supplementary, and other Conditions), the drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this AGREEMENT. These contract documents form the AGREEMENT, and all are as fully a part of the AGREEMENT as if attached to this AGREEMENT or repeated herein. 2) The Work The CONTRACTOR shall perform all work for the CITY required by the contract documents and as set forth below. "9701C" Insituform Southeast C - 1 Con971c0 971001 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 Project known and identified as "CuLed-in-Placg Pige LiningRepairs, Project No. 2L- 01/C" and shall do everything required by this AGREEMENT, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. 2. CONTRACTOR shall clean up and remove each day all debris and material created by the work at CONTRACTOR's expense. 3. CONTRACTOR shall supervise work force to ensure that all workmen conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures. 4. All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. 5. CONTRACTOR shall provide 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 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 "9701C" Insituform Southeast C - 2 Con971a0 971001 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. The following are required types and minimum limits of insurance coverage which the CONTRACTOR agrees to maintain during the term of this AGREEMENT: "9701 C" Insituform Southeast C - 3 Con971 c0 971001 0 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. Ded-i -ctionfor-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. "9701C" Insituform Southeast C - 4 Con971c0 971001 • • 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: "9701C" Insituform Southeast C - 5 Con971c0 971001 i • "CURED-INPIPE LINING REPAIRS PPATRAgT 9701 C" CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 97-01/C SCHEDULE OF VALUES FOR WORK TASKS TASK ITEM DESCRIPTION OF TASK (BID) ITEM Commodity Code UNITS UNIT PRICE QUAN:" 26 Waterproofing Manhole Interior- Mobilization 913770020050 HR $170.00 27 Injection Groutin - Manhole Depth 0" to 5'0" 913770020060 EA $700.00 28 Injection Grouting - Manhole Depth 5'1" to 10,0" 913770020061 EA $950.00 29 Injection Grouting - Manhole Depth 10'1"" to 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/Prep. Std. Svc. Reconnection 913770020230 EA $200.00 93 Ancillary Svc. Lateral/Reinstatement/Prep. Inspection/Prep.. 913770020231 EA $200.00 94 Ancillary Svc. Trenchless Lateral Reconstrut Sys 913770020240 EA $2,500.00 97 Ancillary Trenchless Lateral Reconstruction, Clean Out a=5' 913770020243 EA $750.00 98 Trenchless Lateral Reconstruction, Clean Out - Grass >5' 913770020244 EA $800.00 99 Trenchless Lateral Reconstruction, Clean Out - Asphalt a=5' 913770020245 EA $1,500.00 100 Trenchless Lateral Reconstruction, Clean Out - Asphalt >5' 913770020246 EA $2,000.00 101 Trenchless Lateral Reconstruction, Clean Out- Concrete <=5' 913770020247 EA $1,500.00 102 Trenchless Lateral Reconstruction, Clean Out - Concrete >5' 913770020248 EA $2,000.00 1000 INDEMNIFICATION LS $10.00 NOTE: Quantities for this schedule of values will be assigned as Work Tasks and will depend on field conditions. * PER ASSIGNED WORK TASKS 0 Notice to CONTRACTOR "9701C" Insituform Southeast C - 6 Con971c0 971001 ,/�- �( -,7 a 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. Included with the CONTRACTOR's progress estimate requests shall be a complete breakdown of the project components, the quantities completed and the amount due, in accordance with the Schedule of Values requirements of this AGREEMENT, together with such supporting evidence as may be required by the Director of Utilities or his Designee. "9701C" Insituform Southeast C - 7 Can971W 971001 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 subject of this AGREEMENT. Payment of the invoice and acceptance of such payment "9701C" Insituform Southeast C - 8 Con971c0 971001 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 Go Ilection System GraAly Sewer R ili a i n o' t No. - 1 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 be those of the CONTRACTOR. '9701C' Insituform Southeast C - 9 Con971c0 971001 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. LIMA 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. "9701C" Insituform Southeast C - 10 Con971c0 971001 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. "9701C" Insituform Southeast C - 11 Con971c0 971001 E IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the respective dates under each signature. CITY OF TAMARAC, through its Vice Mayor and Insituform Southeast, Inc., signing by and through its Vice President, duly authorized to execute the same. ATTEST: ;l\�_'t5f Robert S. Noe, Jr., CITY Manager Carol Evans, CITY Clerk �3V_IVII41012901 197.11 SS COUNTY OKA20WPeb CITY OF MARAC By&A,40� )*44. Larry Mi kin, Vice Mayor D B> S�� Y: Robert S. Noe, Jr., CITY Mdhager I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and i�� the County aforesaid to take acknowled ments, personally appeared LA�Qy �114NAM ,yIC€RIg11D(� a-(1DBfl2r �,G17y �. to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this Z5 day of dom 199�_. 'jlllllllllllhllla'lilllJ.11llllllil11J11llJllrWl o_ i e Karen Jackson < + '"� Notary Public, State of Florida , e{' Commission No. CC 539151 ,t "OF nA My Commission Expires 05/14/00 , ;< 14 3-NOTARY . F1a Notary Service & HOndiug Co. Personally known to me or ( ) Produced identification re - NOTARY WBLIC, State of Florida at Large 50 ,0 (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced 0 ( ) DID not take an oath, or.(�­'J_ DID NOT take an oath. "9701C" Insituform Southeast C - 12 Con971c0 971001 4 � � - 1�71 15-1 C I C7 ATTEST: Corporate Secretgry Type/Print Name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF auiv,i CONTRACTOR Insitufor outh a t, c. By: V'ce Pr sid t Te rry_W.Ad d e rh o l d Type/Print Name of Vice President Date: 1 o ' 14- 7 SS 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 Tef r M t,-J. ndd e rho ij . t1 f of �� _ cc s� Z�jocfr' oragenaanF-t�Ihe)f ` 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 4A a acknowledged before me that h e- -- executed executed the same. WITNESS my hand and official seal this L+44, day of 0JOL24 , 199 F*�—"to"P FFICIAL NOTARY SEAL PAMELA C MULLINS fi Q.COMMISSION NUMBER CC414�SoMY COMMISSION EXP.FFNOV. 28 1998 ( Personally known to me or ( ) Produced identification C. ` ry-) NOTARY PUBLIC, State of Florida at Large (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( NO DID not take an oath, or ( ) DID NOT take an oath. "9701C" Insituform Southeast C-13 Con971c0 971001 • FINAL RELEASE OF LIEN BY CONTRACTOR • • STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated , 199, in connection with the following public work: CONTRACT NO. 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. FRLmast.wpd FRL - 1 Rev. 6/3/96 4, �6 � CV'5-e� • r� 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: (Signature) Corporate Secretary (Type Name) (SEAL) Contractor (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) Fftmast.wpd Notary Public, State of Florida (Type or print name of Notary) Commission No. (Title or Rank/Serial No., if any) FRL-2 Rev. 6/3/96 • C� r� AFFIDAVIT BEHALF CON R C 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 in connection with the following public work: 2. That Affiant is (President, Sole Proprietor or Partner) of the above -named Contractor. 3. 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. FRLmast.wpd FRL-3 Affiant Rev. 6/3/96 ,e 96 - a S-3 • of The foregoing instrument was acknowledged before me this , 199, by (name of corporation) (officer or agent and title) day of a corporation, (State or place of corporation) on behalf of the corporation. He/She is (personally known to me or has projected identification) (type of identification) My Commission Expires: (SEAL) FRLmast.wpd and (did/did not) take an oath. Notary Public, State of Florida (Type or print name of Notary) Commission No. (Title or Rank/Serial No., if any) FRL-4 Rev. 6/3/96