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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-167Temp. Reso. #7828 June 17, 1997 1 Revised 6/26/97 Revised 6/27/97 CITY OF TAMARAC RESOLUTION NO. R-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF BID. NO. 97-16B ENTITLED "70TH STREET FORCE MAIN" PHASE I INCLUDING THE CONSTRUCTION OF A 24" FORCE MAIN FROM UNIVERSITY DRIVE TO NW 80 AVENUE AND FROM PUMP STATION 23 TO PINE ISLAND ROAD" AT A COST OF $517,896.00, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE CONTRACT BETWEEN THE CITY OF TAMARAC AND B & B PROPERTIES, INC.; PROVIDING FUNDING FROM THE APPROPRIATE UTILITIES OPERATING AND CIAC ACCOUNT ENTITLED 70TH STREET FORCE MAIN PROJECT AND BUDGET TRANSFER IN THE AMOUNT OF $39,000.00 FROM UTILITIES OPERATING ACCOUNT ENTITLED CONTINGENCY AND $39,000,00 FROM CIAC ACCOUNT ENTITLED 24 MCNAB WATER MAIN; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Engineering Division is planning to widen sections of McNab Road and Pine Island; and WHEREAS, Broward County has advised that asbestos cement pipes (ACP) within those sections of the roadways being widened are required to be replaced in accordance with Broward County Road Construction Standards; and WHEREAS, the 70th Street Force Main, 80th Avenue/Pine Island Project was budgeted in the FY97 Utilities Capital Improvement Projects (CIP's) by City Commission to address the construction required to meet the County Road Standards; and to improve the operations of existing wastewater system; and 1 Temp. Reso. #7828 June 17, 1997 2 Revised 6/26/97 Revised 6/27/97 WHEREAS, due to time constraints to complete the construction of this project to meet the County Road widening schedule and the costs associated with the County's drainage system conflict, Phase I of this project will be constructed in FY97; and WHEREAS, Phase I of the project includes the construction of a 24" force main along McNab Road/N.W. 80th Avenue/Pine Island Road; and WHEREAS, the City of Tamarac advertised Bid No.97-16B for Phase I construction of a 24" force main (Utilities Project No. 97-6) located on McNab Road/N.W. 80th Avenue/Pine Island Road (shown in map form as Exhibit "1 "); and WHEREAS, on June 10, 1997, the following bids were opened: Company Name Total Bid B & B PROPERTIES, INC. $ 517,896.00 METRO EQUIP. SVC., INC. 530,321.00 MANCON, INC. 539,499.32 TELECON, INC. 553,747.00 GIANNETTI CONTRACTING 585,777.00 MASTER EXCAVATORS 587,757.00 AKA SERVICES, INC. 596,291.00 OCEAN BAY CONST. 599,391.30 RIC-MAN INTERNATIONAL 619,637.13 LANZO CONSTRUCTION 636,950.00 FOSTER MARINE CONTR. 649,816.00 MAJESTIC GROUP 725,456.00 Temp. Reso. #7828 June 17, 1997 3 Revised 6/26/97 Revised 6/27/97 WHEREAS, B & B Properties, Inc. had the lowest bid proposal of $517,896.00; and WHEREAS, funds approved in FY97 CIP budget are available in the amount of $440,000.00 and additional funds in the amount of $39,000.00 from Utilities Operating Account entitled Contingency and $39,000.00 from CIAC Account entitled 24" McNab Water Main are available to fully fund this project; and WHEREAS, it is the recommendation of the Interim Director of Utilities and Purchasing and Contract Manager that the project be fully funded and that Bid No. 97-16B be awarded to the lowest responsive and responsible bidder, B & B Properties, Inc.; 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 approve the award of Bid No. 97-16B for the construction of a 24" force main along McNab/N.W. 80th Avenue/Pine Island Road (Utilities Project 97-6) to B & B Properties, Inc., at a cost of $517,896.00. 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. Temp. Reso. #7828 June 17, 1997 4 Revised 6/26/97 Revised 6/27/97 SECTION 2: That the contract for the construction of the 24" Force Main (Utilities Project No. 97-6) located on McNab/N.W. 80th Avenue/Pine Island is HEREBY APPROVED and that all appropriate officials are authorized to execute the contract between the City of Tamarac and B & B Properties, Inc., (attached hereto as Exhibit "2") SECTION 3: That a budget transfer in the amount of $39,000.00 from Utilities Operating Account entitled Contingency and $39,000.00 from CIAC Account entitled 24" McNab Water Main is hereby approved for correct accounting purposes and the contract be fully funded in the amount of $517,896.00. SECTION 4: That the City Manager or his designee be authorized to make changes, issue change orders not to exceed $10,000.00 per Section 6-156 (b) of the City Code, and close the bid 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 bid price. SECTION 51 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. 1 Temp. Reso. #7828 June 17, 1997 5 Revised 6/26/97 Revised 6/27/97 SECTION 7; This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 1997. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to ff Twn. , n MITCHELL S. KRAFT CITY ATTORNEY utilities/mw 1 OE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. MGKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS V,Eso 4-TS2S • AGREEMENT BETWEEN THE CITY OF TAMARAC AND B & 15 PROPERTIES.INC. THE N.W. 70TH STREET FORCE MAIN - PHASE I BID NO. 97-16B THIS AGREEMENT is made and entered into this 9 day of Ju._iy , 1997 by and between the City of Tamarac, a municipal corporation with principle offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and B & B PROPEINC,with principle offices located at 16545 S. W. Farms„ Road, Iadiant own. Florida, (the "Contractor") to provide for f�nstructi ,g of „phase, I, N. W. 70th Force Main. 40 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), 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 as set forth below: 1. Furnishing and installing approximately 1.850 feet of 24-inch ductile iron force main, including pipe, fitting, valves, excavation, backfill and all appurtenances. Abandonment and fill the existing 6" and 12" asbestos concrete pipe with grout. Furnish and install all pipe, valves, fittings, and appurtenances for the two pig launcher and two pig receiver hook-up vaults. 2. Contractor shall clean up and remove each day all debris and material created by the work at Contractor's expense. AGR-1 3. Contractor shall supervise the 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 at the Contractor's expense. 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 of 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) 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, Workmen'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. 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. AGR-2 • • 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than ten (10) days after the date of the receipt o the official Notice to Proceed. The work shall be substantially completed no later than sixty (60) days after commencement. 5) Contract Sum The Contract Sum for the above work is Five Hundred Sev=een Thousand _ and Eight Hundred Nilkey Six Ql.Lars andQ_ Cents ($517,896.00). The Contract Sum is determined by unit prices for labor, materials and equipment as shown in the Contract Documents. 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) Warranty Contractor warrants the N.W. 70th Street Force Main - Phase I against defect for a period of one (1) year from the date of completion of the work. In the event that defect occurs during this time, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas. Contractor shall be responsible for any damages caused by defect to affected area or to interior of structure. AGR-3 • 9) 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, 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. 10) 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. 11) 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. Personal 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. AGR-4 • 12) 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. 13) Notice Whenever either party desires or is required under this Agreement to give notice to nay other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. ROBERT S. NOE, JR. CITY MANAGER City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. S. L. BOATWRIGHT PRESIDENT B & B PROPERTIES, INC. 16545 S. W.FARMS ROAD P. 0. BOX 615 INDIANTOWN, FL. 34956 14) Te=ination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) 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, AGR-5 • r� 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, is 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. 15 ) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Sroward County, Florida. 16) 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. 17) Severabili.ty; 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. 18) 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. rye • IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date(itunder each signature. CITY OF TAMARAC, through its Mayor and Ma K er (Name of party with whom Agreement is made), signing by and through its (President, Owner, C.E.O., etc.), duly authorized to execute the same. CITY OF TAMARAC Ma. Joe Schreiber Date: -July 9 1997 ATTEST: cv\ � 0 oT ,� l /� Robert S. Noe, Jr., C 'ty Manager y Carol Evans, City Clerk Date: July 9, 1997 Date: July 9, 1997 , Approved as to form and legal s fici cy• Mitche S. Kraft, C' ttorney B & B PROPERTIES, INC. ATTEST: (NAME OF COMPANY) Corp ate Secretary (Name of Pres dent) WR L_,_BOATWRIQHT Type/Print Name of Corporate Sec. Type/Print Name of President (CORPORATE SEAL) Date 0 AGR-7 r STATE OF FLORIDA :SS COUNTY OF MARTIN I HERESY 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 S__L. BOATWRIQ1T_ Of 13 & S a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. 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