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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-122Temp Reso. #6724 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94X;� A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, AWARDING A BID FOR PROJECT 93- 01 "THE WOODLANDS FORCE MAIN IMPROVEMENTS," BID NO. 94-09; APPROVING FUNDING TO COME FROM ACCOUNT NO. 425- 367-535-6HK "EXTENSIONS AND MODIFICATIONS;" AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CONTRACT DOCUMENTS IN CONNECTION WITH THE AWARDING OF THE BID; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were advertised in the Fort Lauderdale News/Sun Sentinel, a newspaper of general circulation in Broward County, Florida, on Sunday, May 1, 1994 and Sunday, May 8, 1994; and WHEREAS, bids were opened on Thursday, May 12, 1994; and WHEREAS, the following are the bidders and their bids: McKay Contracting, Inc. - $197,263.50; Ocean Bay Construction Inc. - $197,807.50; Foster Marine Contractors - $238,398.50; Man - Con, Inc. - $258,575.00; and WHEREAS, McKay Contracting, Inc. is the lowest fully responsive and responsible bidder; and WHEREAS, it is the recommendation of the Director of Public Services that this bid be awarded to McKay Contracting, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 1 -1- Fi 1 Temp. Reso. #6724 Section 1: That the bid of McKay Contracting, Inc. in the amount of $197,263.50 for Project No. 93-01, The Woodlands Force Main Improvements, Bid No. 94-09 is HEREBY APPROVED. Section 2: That the funds are to come from Account No. 425-367-535-6HK entitled "Extensions and Modifications" is HEREBY APPROVED in order to fully fund this project. Section 3: That the appropriate City Officials are hereby authorized to execute any and all contract documents in connection with the awarding of the bid, being attached hereto as Exhibit "A". Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part or apptrication of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. -2- Temp. Reso. #6724 Section 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS r day of , 1994. ATTEST: CAROL A. EVANS, CMS CITY CLERK I H REBY CERTIFY that I have a x ved this Resolution as.to form. MI'RCHELL S. ATTORNEY bid.no.94-09 5/94 T ORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DIST.1: V / M KATZ DIST. 2: C / M M(SHICIN DIST. 3: C ! M SCHRFIk�FR DIST, a: C / W MACHkK � -3- 11, CONTRACT THIS CONTRACT, made and entered into th;c �8 day of in the year Nineteen Hundred Ninety Four (1994) by and between McKav Contracting. Inc. jointly and severally hereinafter called the Contractor, and the City of Tamarac, hereinafter called the Owner. WITNESSETH: That whereas, the Owner has awarded to the Contractor the work of performing certain construction: NOW, THEREFORE, the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE 1. Scope of Work: The Contractor shall furnish all of the labor, materials, tools, equipment, and everything necessary to perform; and shall perform, in accordance with the Bid Documents and the terms of this Contract, the Project known and identified as "The Woodlands Force Main Improvements, Project No. 93-01" and shall do everything required by this Agreement, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. ARTICLE 2. T'me of Com letian: Construction work must begin within ten (10) days from the date of receipt of official notice to proceed and shall be carried on at a rate to insure its full completion within one hundred twenty (120) calendar days. The rate of progress and the time of completion being essential conditions of this Agreement. C-1 /� 5Y 1,2"9 r Deduction for ?,T-4--_Com01 letin on Time: If the Contract work is not fully completed, according to the terms of the Contract within the time limits herein stipulated, the Contractor shall pay the Owner, not as a penalty, but as liquidated damages, the sum of two hundred dollars ($200.00) per day for each and every calendar day elapsing between expiration of such time limit and the date of full completion, unless the time limits herein stated are subject to extension without payment of damages, as provided in the General Terms and Conditions. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Contractor, in accordance with the terms of this Contract, Federal Laws, State Laws, or governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Contractor under the Contract and when deducted, shall be deemed and taken as payment in such amount. ARTICLE 3. General: The Contractor hereby certifies that he has read each and every clause of the Contract and Bid Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and will complete the same in the time limits specified herein, in accordance with the Contract and Bid Documents. All work under this Contract shall be done to the satisfaction of the City Engineer, who shall, in all cases, determine the amount, quality, fitness and acceptability of the several kinds of C-2 ,y ■ it ■ ■ work and materials which may arise as to the fulfillment of the Contract on the part of the Contractor; and his decision thereon shall be final and conclusive; and such determination and decision, in case any questions shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. Execution of this Contract shall include the Contractor depositing with the Owner 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 Contract. Each of these bonds shall be one hundred percent (100a) of the Contract amount. A Maintenance Bond in the amount of twenty-five percent (250) of the Contract price shall be required upon completion of construction guaranteeing the repair of all damages due to improper materials or workmanship. Any clause or section of this Contract or Specification which for any reason, be declared invalid, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as completely as though such invalid clause or section has not been incorporated therein. ARTICLE 4. Contract Price: The Owner shall pay the Contractor as just compensation for the performance of this agreement, subject to any additions or deductions as provided in the Contract and Bid Documents, the following prices: C-3 IN ,C 74_ /2 J- CONTRACT THE WOODLANDS FORCE MAIN IMPROVEMEN S CITY OF TAMAR.AC, FLORIDA PUBLIC SERVICES - UTILITIES DIVISION PROJECT NO. 93-01 / BID NO. 94--09 Notice To Cont acto Contractor agrees that any unit price listed is to be multiplied by the approximate quantity requirements in order to arrive at the total. In the event of latent multiplication or addition errors, the Contractor recognizes that these are clerical errors and may be corrected by the Owner. For each payment item, Contractor agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the Project Drawings. A more detailed description of the Pay Items is located in Division 1B, Section 1.03 of the Technical Specifications. Pay Estimated Ite_ 2MAnt—j_ty Description FORCE MAIN RELATED WORK: 1 3175 6" ductile iron force main and all appurtenances lineal at the unit price per lineal foot of: feet ----------------------------- THIRTY-ONE --- Dollars and -_ NO -_ cents ($ 31.00 /LF) $ 98,425.00 2 1500 Additional ductile iron fittings and all pounds appurtenances at the unit price per pound of: ----------------------------- --THREE --- -- Dollars and NO cents ($ 3.00 /LB.) $ 4 500.00 C-4 ; Pay Estimated Item uantity Descri tion Total 3 1 Each 1211 x 611 ductile iron tapping sleeve and valve and all appurtenances at the unit price each of: FIVE THOUSAND - -- _ _ _ --- Dollars and -- NO -- cents ($5 0_ 00,00/EA) $_5,000.00 4 2 Each Air release valves and all appurtenances at the unit price each of: ONE THOUSAND - - - _ _ _ - Dollars and NO cents ($1,o 00/EA) $_2.000.00 5 3070 Grout existing 4" force main pipe and all lineal appurtenances at the unit price per lineal foot feet of: --------------------------------- NE - --- Dollar and WEN Y-F V cents ($_1.25 „_/L,F) $-JLI7.50 6 Lump Sum Pavement restoration on Banyan Lane and N.W. 56th Street as described on the Project Drawings including all appurtenances at the lump sum price of: S V NTY-FIVE THOUSAN - - Dollars and O -- cents ($75, 000.00/LS) $ 7 000.0 C-5 Pay Estimated Its ua tit Desc i do dotal 7 Lump Sum Provide safe maintenance of traffic in the vicinity of the project site including all appurtenances at the lump sum price of: T RE THOUSAND - _ _ _ - Dollars and -- NO -- cents ($�3,000.00/LS) $_ 3 , 000 00 BOND PREMIUMS: BP-1 Lump Sum Bond Premiums for bonds relevant to The Woodlands Force Main Improvements at the lump sum price of: H EE THOUSAND FIVE HUNDRED Dollars and -- NO -- cents ($3 500.00/LS) $ 3 500.00 TESTING: T-1 Lump Sum Specified Testing Allowance for testing relevant to The Woodlands Force Main Improvements at the lump sum price of: TWO THOUSAND ` Dollars and _- NO cents ($2 0. 00. 00/LS) $ 2 0 0.0 INDEMNIFICATION: I-1 Lump Sum Consideration to related to The Woodlands Force MainImprovements for all work at the lump sum price of: - Dollar and cents ($ 1 00 /LS) C-6 RECAPULATION OF CONTRACT FORCE MAIN RELATED WORK: Pay Items 1 through 7 BOND PREMIUMS: Pay Item BP-1 TESTING: Pay Item T-1 INDEMNIFICATION: Pay Item I-1 GRAND TOTAL FOR ALL WORK ONE HIMDRED NINETY-SEVEN THOUSAND TWO HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS GRAND TOTAL BID (Written) $ 191,762.50„ $__ 3.500. 00 $ 2 000.00 �- $ 1.00 $ 197,t 263.50 (Figures) THE ENTIRE WORK SHALL BE COMPLETED WITHIN 120 CALENDAR DAYDAys F O THE DATE OF "NOTICE TO PROCEED".. C-7 ■ ; I� I I ARTICLE 5. Progress Payments: On, not later than, the tenth day of every month, except as provided for in the Supplemental General Conditions, the Contractor shall prepare and submit on a form approved by the City Engineer, a detailed estimate and invoice to the City Engineer covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Owner and/or City Engineer. Material invoices shall be submitted with each Progress Payment Request when payment for materials 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 Engineer with every monthly progress payment request indicating that all lienors under the Contractor's direct contract have been paid in full. On or about the twentieth day after receipt of invoice, the Owner will pay to the Contractor the value based on the Contractor's estimate and invoice as approved by the Engineer, less the percentage retained in accordance with the Supplemental General Conditions, less the aggregate of previous payment. C-8 ARTICLE 6, cce tance and Fi al Pa en When the work provided for under this Contract has been fully completed, in accordance with the terms thereof, a final invoice showing the amount of such work shall be prepared by the Contractor and filed With the Owner. The final invoice shall be accompanied by the required maintenance bond and by a certificate of acceptance issued by the Engineer, and stating that the work has been fully completed to his satisfaction, in substantial compliance with the contract. From the final payment shall be retained all monies expended by the Owner, according to the terms of the Contract and thereunder chargeable to the Contractor, all monies payable to the Owner as liquidated damages, and all deductions provided by the Contract, Federal and State Laws, or governing regulations. Within thirty (30) days after receipt of the Engineer's final acceptance by the Owner, the Owner will make a bona fide effort to pay the Contractor in the full amount of the City Engineer's final estimate. Payment of the invoice and acceptance of such payment by the Contractor shall release the Owner from all claims of liability to the Contractor in connection with this Contract. The Contractor shall upon acceptance of such payment execute and deliver to the Owner the Final Release of Lien in a form identical to page FRL-1 through FRL-4 of the Bid Documents. C-9 10 10 ARTICLE 7. The Contract Docum nt : The General Terms and Conditions, Supplemental General Conditions, Bid Documents, Bonds, Technical Specifications, Drawings and all Addenda together with this Agreement form the Contract. IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement, the day and year first above written. OWNER: CITY OF TAMARAC, FLORIDA CONTRACTOR: McKAY CONTRALTI By : �NM4W 44!So Orman Abramowitz Mayor, City of Tamarac By: S 'n Robert S. Noe City Manager ATTEST: 4aroll A. Evans, City Clerk TO FORM tgZad l S . Kra i� ty Attorney NG TNC By: Willia McK Vice Presiden (CORPORATE SEAL) �r, 1 / ATTEST • ADDRESS FOR GIVING NOTICES Por 56,67 License No.. CITY OF TAMARAC APPROVED AT MEETING OF CITY OF TAMARAC, FLORIDA THE WOODLANDS FORCE MAIN IMPROVEMENTS CITY PROJECT NO. 93-01 PUBLIC SERVICES DEPARTMENT - UTILITIES DIVISION C-10