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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-1171 1 Temp Reso 7851 Page 1 Revised #14/29/97 Revised #2 5/12/97 Revised #3 5/14/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 97- /17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN PETROSCAPES, INC. AND THE CITY OF TAMARAC FOR LAWN MAINTENANCE SERVICES FOR THE TAMARAC WATER TREATMENT PLANT, 1 MG STORAGE TANK AND 2MG STORAGE TANK, UTILIZING INFORMAL QUOTE #97-09Q FOR AN AMOUNT NOT TO EXCEED $9,400 ANNUALLY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City solicited informal quote #97-09Q for lawn maintenance services for the Water Treatment Plant, 1 MG Storage Tank and 2MG Storage Tank; and WHEREAS, The City received three (3) informal competitive quotes; and WHEREAS, Petroscapes, Inc. was determined to be the lowest responsive and responsible bidder; and WHEREAS, available funds exist in the Utilities Operating Fund budget for said purpose; and WHEREAS, The Purchasing and Contracts Manager and the Interim Utilities Director recommends that the City Commission approve award to Petroscapes, Inc. effective June 1, 1997 through September 30, 1997 with options to renew for two (2) additional years renewable in one (1) year increments at City of Tamarac's option; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize lawn maintenance services from Petroscapes, Inc. 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 upon adoption hereof. 1 1 Temp Reso 7851 Page 2 Revised #1 4/29/97 Revised #2 5/12/97 Revised #3 5/14/97 Section 2: That the City authorizes the appropriate City Officials to execute an agreement with Petroscapes, Inc. for lawn maintenance services (see "Exhibit 1" attached). Section 3: That the lawn maintenance services for the Water Treatment Plant, 1 MG Storage Tank, and 2MG Storage Tank is HEREBY APPROVED to Petroscapes, Inc. in accordance with the procedures of the informal bidding process. Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 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 portions or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23 day of M� Y 1997, ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as UTUHELL S. KRA CITY ATTORNEY 11 JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR __ SCHREIBER _ -- DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: , COMM. SULTAN, DIST 4: QQMM _ROBERT I iq AGREEMENT BETWEEN THE CITY OF TAMARAC AND PETROSCAPES, INC. FOR LAWN MAINTENANCE SERVICES EXHIBIT 1 TEMP RESO #7851 THIS AGREEMENT is made and entered into this 28 day of _ May 11997 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Petroscapes Inc. with principal offices located at P.Q. Box 771565, Coral Springs, FL 33077 (the "Contractor") to provide for Lawn Maintenance Services for Tamarac Water Treatment Plant, 7803 N.W. 61 st St.; 1 MG Storage Tank, 4191 W. Commercial Blvd; and 2MG Storage Tank, 7750 N. W. 100 Ave. 0 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), the 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. 1. Contractor shall furnish all labor, materials, and equipment necessary to provide lawn maintenance for lawn cuts on a bi-weekly basis, not to exceed twenty-six (26) times per fiscal year for the Tamarac Water Treatment Plant, 7803 N.W. 61 st St.; 1MG Storage Tank, 4191 W. Commercial Blvd.; and 2MG Storage Tank, 7750 N.W. 100 Ave. 2. Contractor shall furnish all labor, materials and equipment necessary for edging all paved areas to maintain a crisp and neat appearance with a power edge, not to exceed twenty-six (26) times per fiscal year for the Tamarac Water Treatment Plant, 7803 N.W. 61 st St.; 1 MG Storage Tank, 4191 W. Commercial Blvd.; and 2MG Storage Tank, 7750 N.W. 100 Ave. ?.�l-)Jq Agreement between City of Tamarac and Petroscapes Inc. 3. Contractor shall provide hedge trimming, not to exceed twelve (12) times per fiscal year, for the Tamarac Water Treatment Plant, 7803 N.W. 61 st St.; 1 MG Storage Tank, 4191 W. Commercial Blvd.; and 2MG Storage Tank, 7750 N.W. 100 Ave. 4. Contractor shall be responsible for lawn maintenance service for all City owned property surrounding the pond in back of the Water Treatment Plant located at 7803 N. W 61 st St. 5. Contractor shall properly inspect and repair any broken sprinkler systems after each service has been completed. 6. Contractor shall clean up and remove each day all debris and material created by the work at Contractor's expense. 7. Contractor shall supervise work force to ensure that all workers 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. 8. 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. 9. 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) 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, Worker's 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. u:\contraA\PCUVScaM 2 Agreement between City of Tamarac and Petroscapes Inc. 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. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall commence after execution of the Agreement and be effective through September 30, 1997 with options to renew for two (2) additional years renewable in one (1) year increments at City of Tamarac's option. 5) Contract Sum The Contract Sum for the above work is Three Hundred Fifty Dollars and Seventy - Seven cents ($350.77) " per cut cost", not to exceed twenty-six (26) cuts per fiscal year. The contract sum is determined by the cost of labor, materials and equipment necessary to complete the jobs located at 7803 NW 61 st St., 4191 W. Commercial Blvd., and 7750 AL NW 100 Ave. 6) Payments The City shall pay in full the 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 the contract documents. 7) Waiver of Liens Prior to 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. 8) 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 3 '?.9'1-I!? 0 Agreement between City of Tamarac and Petroscapes Inc. • 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. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) 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. 10) 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. 11) 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. n lk.9?- i/7 • Agreement between City of Tamarac and Petroscapes Inc. 12) 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. M City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. John E. Petrous President Petroscapes Inc. P.O. Box #771565 Coral Springs, FL 33077 (954) 720-7608 13) Termination Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub- contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 5 Agreement between City of Tamarac 0 and Petroscapes Inc. �J 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. 14) 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. 15) 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. 16Severabilit Y� • 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 not shall it affect the enforceability of that provision or of the remainder of this Agreement. 17) 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. ,-1 Agreement between City of Tamarac and Petroscapes Inc. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its City Manager and PETROSCAPES INC., signing by and through its President, duly authorized to execute same. ATTEST: Carol Evans, CIVIC, City Clerk Date: May 28, _19.9.7 • ATTEST: Corporate Secretary Typo nai a of Corporate Secretary (CORPORATE SEAL) C� 7 CITY OF TAMA C K By. Jo chreiber, Mayor Date: May 28, 1997 1 ,lam S, Robert S. Noe, Jr., City Man a r Date: may 28, 1997 as to form II S. Kraft, City PETROSCAPES INC. 92zf::::� - n e rout, President Type/Print Name of President Date: S-is-96 F.q 7-it 7 Agreement between City of Tamarac and Petroscapes Inc. STATE OF FLORA :SS COUNTY OF _2667� I H BY CERTIFY that on this day, befor e, an Officer duly authorized in the State afores id aryl iq th o �� said to take acknoowledgm c , o a eared ' /C t/VS (offal gent a title) (name of corporation) ~` � d a L Corporation, to me known to be the person(s) described in and (State or place of corporation) who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this day of 19 re pe Personally known to me or ( ) Produced Identification ( ) DID not take an oath, or (� NOT take an oath. uAcontractsWroscapes 8 NOTA a fiiFliA�dia at La MY COM 510N � CC 9075�3 -•. •� D(PiRE5: September 21, 79 (Name , as Commissioned) Type of I.D. Produced 1 1, 1?1-147-ii7 .......................... :.:..:....:...... A C RD 2 . ry •: ;• V a '..o}'�� :.:...rr...y .. _,.... ....... .. �...:......,::..:.. .-0.4e �aZ'M}'2 DATE (MMroD/VV) 10 ::{ }FfK}f ..... PRODUCER:...............:...............:....:................v_:..,.x::,:..::............::.......r.:...,:.,.. s ., .. ?� HIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE T".�' Uwit'�iVC� 4FR�rICES, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1,-� % ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE La U ..' G E <u a 1 e, F 1 D. 33068 COMPANY 977-485 5 A NSURED COMPANY PITT OSCACES, TNC. B UNITED T,. O. !' o y. 7 7 1 5 6 5 COMPANY t7!'61 �Y1[ly, Fla. 33077 COMPANY D 'KF F:::.t;:>:st:fffi::.:'«n:: }�YiC�iFG'i1�xa:.t,'; '..., .. , i•• }} : h.' .' G'. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO i -TR : TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/M POLICY EXPIRATION DATE (MMID01" LIMITS GENERAL LIABILITY GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE i, i OCCUR 0 3 5 4 6 A 8/ 01 / 9 6 8/ 01 / 9 7 PERSONAL 6 ADV INJURY $ EACH OCCURRENCE S OWNER'S 6 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY S ALL OWNED AUTOS HEDULED AUTOS (Per parson) BODILY INJURY $ [RED AUTOS NON -OWNED AUTOS (Per acodent) PROPERTY DAMAGE $ I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TORY LIMITS ER sCt�p9i}.:yoY_:'F.?+sjjiVfi? j ::: EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ PARTNERSIEXECUTIVE (ryC 21196-7126 1/13/96 1/0)3/97 OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE E OTHER DESCRIPTION OF OPERATIONS/LOCATIONSFVEHICLES/SPECIAL ITEMS LANDSCAPENG S GARDENING .: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF T A MA R A C EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 7 5 2 5 NW 86 Avenue 1p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Tamarac, Fla. 33321 BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR D REPRESENTATIVE f .... .. .. ... ':»::i::ist:r..,:t•s:tt•nit?_r��??,:+fi�.",�i}:ii.�::.;_ {.. +n.{ .. _ ...., .. • ' rY}Fjti}.:".:'.:: ••F:.:: r: t:tp... +•.:.:,.''.':: . ,/ 1996 16: a2 9545610544 ,gi 5 -- / ALLSTATE OLIVER AGCY PAGE 01 CERTIFICATE OF INSURANCE ALLSTATE INSURANCE COMPANY HOME OFF10E—NORTHBROOK . It I INOIS Is ddress of Parrty to Nh Certificate h; Itrsued . City of Tamarac Attn: Purchas;ng 7525 NW 88 Ave Tamarac F•L 33321 TYPE OF INSURANCE AND HAZARbS POLICY FORMS Isrkman's Compensation I Employers' Liability I Automobile Post•it• Fax Note 7671 FCOJDOPL INSURANCE IN FORCE LIMITS OF LIABILITY STATUTORY * Nan+e and Address of Insured Petroscape>s P O Box. 771565 Cora: Springs FL 33077 STANDARD I S PER ACCIDENT (Employer's liability only) *Applies only in following stete(s): OWNED ONLY GASIC NON -OWNED ONLY COMPRE- HENSIVE ❑ HIRED ONLY GARAGE ED, NON•OWNED IRED 4L lablllty PREMISES—O,L.RT. OPERATIONS—M,&C. ❑ ELEVATOR ❑ PRODUCTS/ COMPLETED OPERATIONS ❑ PROTECTIVE (inde- pendent Contractors) Endorsed to cover contract between insured and bodily Injury I Each i PERSON $ ACCIDENT $ OCCURRENCE $ Bodily Injury and Property Damada (Single Limit) $ 31 J� dO C7 EIICLI ACCIDENT e1n11 nwwuen�u. EACH SCHEDULE i PERSON ';F. " ,_ ww� EACH i ACCIDENT $ ❑ COMPRE• = EACH OCCURRENCE ; HENSIVE AGGREG. PROD. COMP.OPTNS, i .. :a:: , ..s. j SPECIAL AQQR E GATE •PERIL -`'.�..�: OPERATIONS AGGREGATE PROTECTIVE $ AGGREGATE :"'. CONTRACTUAL x Bodily Injury and Pre ergr Damage Slngle Limit) i EACH ACCIDENT EACH OCCURRENCE * AGGREGATE 7-A k%D 1'65-o6XPI.7o POUCY NUMBER 649825606 EXPIRATION DATE 7/29/97 { aides idenwith tified above by number are in lone on the date Indicated below. With respect to a number entered under for which on ,X" is *Mepolicy number, the type of insurance shown at its left is ,its of only for such incur nceuch of tare onlyras Showand " above, der TthislCertificate of Insurance either oHirnd, sublylrwrn�ff,10 +m dse xs Of the r policy Nas in coveragereference afforded policy or policies numbered in this Certificate. went of reduction of coverage or cancellation of said policies, the Allstate Insurance Company will make all reasonable effort to send notice of such reduction or cancellation ertificate holder at the address shown above. HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, F-99-1r1 4 4 4 o g a o Q $ a a a N N N N M w M M W x C1 a a C LU C W K M M CL " W O0z w O X oU. 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