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:
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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conflict herewith are hereby repealed to the extent of such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.
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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 �
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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.
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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
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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:
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IN
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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
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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
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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)
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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"..
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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.
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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.
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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
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