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.
WITNESS my hand and official seal this 2S- day of
19—qr7
aIS O"' "&"40
IVANA 0 SEARS
My Commission CC3823W
Expires Jun. 13, 1888
sf P
A� aF �oP`O
Bonded by HAI
a00-422.1555
•
NOTARY PUBLIC, State of Florida at
Large
_�. y r? 4 Ci s� 4 r.S
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
( x ) Personally known to me or
( ) Produced Identification
( ) DID take an oath, or (
a:\agreemen
Type of I.D. Produced
) DID NOT take an oath.
AGR-8
rI
C�
•
EXHIBIT 1-
=Mr. RBOO. • Irsas
�!
LAND SEC. w w w w " ,WUUDMUNT "
Li CIR /
+ . . a a a a a COUNTRY
CLUB
co
7 PL
w
> 78 ST
aTHE CENTRE
°n° WOODMONT
w
TR64
�
"
w
y6
--, > � .-.-."
" a a
TR74
p=�
3
w
fa
" > LA FORET ^� " w e
q
A
j
7AMARAC
ELEM
w • r�
• " w 7y,S. . " +
C
j Q Z
SCHOOL
- �4PC�
! Qq'�D
6a,
'RO AL aW. PALM
a w ¢ w PAL 7 CIR
n 7�a LOWS w LA peSEP rY . SIL C a 73 yeti i' %' RA %j %% z
'TAMARAC%'/
w HC ST u PAL a ���ZO i Q i% !/
a - v 74 CT PV % TR75 /PARK'
TR70 G / 73 �// //j! TOWN 76 ST
//!X//, J u � � t� A�Sf. 4` ^ENVIROrMENTALLY j/
// y • a —LAN
Y� w TR69 s > a WC➢nMnNT a^ -
" - > 73 ST j /i/ . -�% - " 7AMARAC / / // / MED.
UNIV. UNIV. CTR PICCADILL
ti q MED CTR HOSP
TR71 tiN / " ptiN - ^^/ 72 ST 72 ST
a C PRESS AT
y4 W DMONT - - w v V� Q�tiN - w a �� 72B PARK
WOODMONT
m 71 C jFAPEUTIC SQUARE
CATIOIf�a " " ji/ LT w 71 ST a
w /
// �~ TR72C a ACAD MY � CD BI'
m ° I" C % PIN APP K pm HI n LOOATIOI� h B
70 Cl N. ME R.
'La
WN
o p c o a 70 ST W a � z o o W� W� � Y �y W1310 ON TOO NT ALL SAINTS ALBERT$p
TEXACO u 4 ¢ u o o w 0 2d M¢ w y W= COMMONS PLAZA LUTHERAN NATIONS SHELL
QS i W u BANK
MCNAB ROAD Gw
CONCO D VILLAGE BANK TEXACU
w WOODLAND LAKES w
w a . w w 'WOO
.. " . w
w . w w a . t LA . .
COL. W. \\\ - SANDS POINT
CLUB . " " CAryNp
HOUSE ��\ " w 5 NCATC - \\\. BELLE
" GokANY N " TERRE
N. C�k \ wOF
TAMARAC
L
VCRSAILLCS w
GAR RALa--- w�\\ a e DENS \\ w W
LMS ti\ ti \\ \\x. w . L3
+ - V LULAS - w - w V w w a a CAMa� . \\ . \\ \\ .\� UNIV,
9F ROKEST " ro S• COLONY oR. \�\ ] SHOPPES
\\ & oF
Po1N APTS. wN.\\�\ CS.
w- SPNpS LAGDS . w
a - - - WEDGES
GOLF COURE,w"a -\\
fCy
LAND E9.. o a
U
awa . a a .FAIRVIEWDk O
- BOARDWALK APTS. FAIRWAYLjj
Sw - \\ v\\ w\\•W �+ \v. \\�\\. w r \\\\\X \\ [�
Q 61 ST N ILLAG
OD 61 ST Q
( BOARDWALK APTS, 8 62 CT WATE HUMMB UARE
y. y PSITLANT/ 00 Z
59 PL 59 PL E'j-D
am
Z / SUNSET 7
a 59 CT r 81 L 59 CT a a / ¢ (EDGEW TER) 61 ST
MAINLAN m ! r CURTIS 61 ST
uo 59 ST �' UNIT 13 59 ST % $ > ] > FIELD NATIONS
y QOD CD n PLAT
BANK
/i/ �/ %i/ j�ij/i y Y/ /i/ �� ��� i�j/!�/i//rii!/! ^ n n n �/ �/ c[ / / Ce/ l. j� �% . i�/,!i/./: WATERSIDE 60 S7
W FORCE MAIN
MONAB RD./ N.W. SQ*h AVEJ PINE ISLAND RD.
24FMEXTR.DWG