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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-0381 Temp. Reso #7770 - February 26, 1997 CITY OF TAMARAC RESOLUTION NO. R-97-- .3 S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CONTRACT C-9702 WITH INTERCOUNTY ENGINEERING, INC. FOR GALVANIZED SERVICES REPLACEMENT, PHASE I, AT A COST NOT TO EXCEED $154,809; APPROVING FUNDING FROM THE APPROPRIATE UTILITIES OPERATIONS FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utilities Department has been conducting a Citywide program to replace old and substandard galvanized and polybutylene service lines; and WHEREAS, the City Commission approved funding for FY97 for a Galvanized Services Replacement Program; and WHEREAS, replacement of substandard, clogged and leaking galvanized residential and commercial service lines will save the City money by increasing revenue, reducing repair cost and manpower hours; and i 1 Temp. Reso #7770 - February 26, 1997 WHEREAS, on January 8, 1997, the City Commission approved the award of Bid No. 96-15 to Intercounty Engineering, Inc. for the Galvanized Services Replacement, Phase I, by Resolution No. R97-5; and WHEREAS, it is the recommendation of the Director of Utilities that Contract C-9702 with Intercounty Engineering, Inc. be executed; 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 the appropriate City officials to execute Contract C-9702 with Intercounty Engineering, Inc., for an amount of $154,809 for Galvanized Service Lines Replacement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SQction 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. 2 Temp. Reso #7770 - February 26, 1997 Section 2: The appropriate City officials are hereby authorized to execute Contract C-9702 (shown as "Exhibit 1") with Intercounty Engineering, Inc., for an amount of $154,809 for Galvanized Services Replacement, Phase 1. Section : Funding for this project is available from the appropriate Utilities Operational account at a total not to exceed $154,809. 5gction 4: That the City Manager or his designee be authorized to make changes, issue change orders not to exceed $10,000 per Section 6-156 (b) of the City Code, and close the contract 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 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. u K, 1 1 Temp. Reso #7770 - February 26, 1997 SrALQn 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. PASSED, ADOPTED AND APPROVED this 2day of r--f-,84 uAQ Y 1997. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approv d this RESOLUTION as to form.? ., If __ ITCHELL S. KRAF CITY ATTORNEY Utilities/0 4 eILAY�MISHKIN VICE MAYOR RECOW OF ©OIIA1111=ION VOTE uAvno DIET DW DW DW 97-3 -V AGREEMENT BETWEEN THE CITY OF TAMARAC AND INTERCOUNTY ENGINEERING, INC. FOR THE "GALVANIZED SERVICES REPLACEMENT - PHASE 1 CONTRACT_C --Q702-" CITY OF TAMARAC, FLORIDA WATER DISTRIBUTION SYSTEM UTILITIES DEPARTMENT PROJECT NO. 97 - 13 THIS AGREEMENT, made and entered into this 8th day of January , in the year HundredNineteen Ninety Seven (199i) by and between the CITY of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL 33321 (the "CITY") and Intercounty Engineering.Jng. with principal offices located at 1925 NW.18th Street. Pompano Beach, FL 33069 (the "CONTRACTOR") to provide for Galvanizes Services_Replacement at Westwood Community Two and PinghWL*j-Oircle to the CITY of Tamarac Gal anized Services Replacement - Phase 1. Utilitiea.-Department Proj��R 97.13. 1) The Contract Documents The contract documents consist of this AGREEMENT, conditions of the Contract Documents ( Galvanized Services_ Replacement - Phase _1. -id_ No. 96 -15 ) (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 and as set forth below. "C - 9702 Intercounty Engineering C 1 c9702.wpd 970123 `1 i J 4y 1. CONTRACTOR shall furnish all labor, materials, tools, equipment and everything necessary to replace the galvanizgd serviced f-c r Westwood Community Two and Einehurst Circle in accordance with the provisions of the Galvanized Services ReplaggMent - Phase 1. Bid N -15 and the terms of this AGREEMENT. 2. CONTRACTOR shall replace galvanized —water service connections between existing water mains and private property, making complete restoration of all disturbed landscaped-andpaved areas. 3. CONTRACTOR shall clean up and remove each day all debris and material created by the work at CONTRACTOR's expense. 4. CONTRACTOR shall supervise 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 CONTRACTOR's expense. 5. 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. 6. CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice prior to the beginning work under this AGREEMENT and prior to any schedule change with the exception of inclement weather. 7. 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, Workers' 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. Such certificates shall be approved by the CITY. ALL INSURANCE COMPANIES PROVIDED SHALL be rated not lower than A - XII per Best's Key rating Guide and be "C - 9702" Intercounty Engineering C - 2 c9702.wpd 970123 K Ll ► v U licensed to do business in Florida. All Policies provided shall be "Occurrence," not "Claims Made" forms. 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. The CONTRACTOR's liability insurance shall be primary to any liability insurance polices carried by the CITY. 4) Time of Commencement and Substantial Completion The work to be performed under this AGREEMENT shall be commenced after execution of this AGREEMENT and must begin within ten 10 days after 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 12Q) calendar days, the rate of progress and the time of completion being essential conditions of this AGREEMENT. 7) Contract Sum The Contract Sum for the above work is one hundred fifty four--thousand-eight hundred nine dollars and no cents ($ 154,809.00). The Contract Sum is determined by unit prices for labor, materials and equipment as shown on the Schedule of Values below. "C - 9702" Intercounty Engineering C - 3 c9702.wpd 970123 e ��- 38 "GALVANIZED SERVICES REPLACEMENT - PHASE 1 REPAIRS CONTRACT C - 9702" ^ CITY OF TAMARAC, FLORIDA WATER DISTRIBUTION SYSTEM UTILITIES DEPARTMENT PROJECT NO. 97-13 SCHEDULE OF VALUES FOR BID ITEMS BID ITEM DESCRIPTION OF BID ITEM I QUAN. I UNIT UNIT PRICE EXTENSION 1.0 Westwood Community Two 1.1 Piping Replacement and Single Meter Box Installation 36 EA $428.00 $15 408.00 11,2 Piping Replacement and Double Meter Box Installation 50 EA $588,00 $29 400.00 1,3 Piping Replacement and Single Meter Box Installation with Directional Bore under Road 9 EA $1,159.00 $10,431.00 1,4 Piping Replacement and Double Meter Box Installation with Directional Bore under Road 30 EA $1,224.00 $36,720.00 1.5 Piping Replacement and Single Meter Box Installation with Road Crossing 3 EA $1,709.00 $5,127.00 1.6 Piping Replacement and Double Meter Box Installation with Road Crossing 3 EA $1,773.00 $5,319.00 1.7 Removal of Piping under Driveway 10 EA $691.00 $6 910.00 1.8 12-inch x 1-inch Service Saddle 1 EA $135.00 $135.00 1.9 8-inch x 1-inch Service Saddle 1 EA $119.00 $119.00 1.10 6-inch x 1-inch Service Saddle 12 EA $110.00 $1 320-00 1.11 4-inch x 1-inch Service Saddle 6 EA $107.00 $642.00 1.12 2-inch x 1-inch Service Saddle 1 EA $109.00 $109.00 1.13 Additional Piping Replacement beyond Meter Box 10 EA $525.00 $5,250.00 1.14 Open Cut Road 4 EA $385.00 $1,540.00 1.15 Asphalt Pavement Replacement 200 SF $3.00 $600.00 2.0 Pinehurst Circle 2.1 Piping Replacement and Single Meter Box Installation 41 EA $460.00 $18,860.00 2.2 Piping Replacement and Double Meter Box Installation 18 EA $690,00 $12 420.00 2.3 Asphalt Driveway Replacement 1 800 SF $2.50 $4 500.00 2.4 8-inch x 1-inch Service Saddle 2 EA $119.00 $238.00 2.5 6-inch x 1-inch Service Saddle 4 EA $110.00 $440.00 3 Credit for Single Meter Box 2 EA $60.00) ($120.00) 4 Credit for Double Meter Box 8 EA ($70.00) ($560.00) 5 Consideration for Indemnification 1 US $1.00 $1.00 CONTRACT SUM $164,809.00 NOTE: Quantities for this schedule of values will be assigned as Work Tasks and will depend on field conditions. is "C - 9702" Intercounty Engineering C - 4 cg702.wpd 970123 r dv Notice to CONTRACTOR CONTRACTOR agrees that any unit puce listed is to be multiplied by the approximate quantity requirements based on field measurements 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 CITY. 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. 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 Final 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. Payment of the invoice and acceptance of such payment by the CONTRACTOR shall release the CITY from all claims of liability to the CONTRACTOR in connection with this AGREEMENT. The CONTRACTOR shall upon acceptance of such payment execute and deliver to the CITY the Final Release of Lien in a form identical to page FRL-1 through FRL-4 attached to this AGREEMENT. 8) Warranty CONTRACTOR warrants the _Galvanized Services Replacement Phasg 1 (Project No. 97 - 131 against defects for a period of one year from the date of completion of the work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps as required in paragraph 2 of this AGREEMENT to repair and correct the affected areas of the work performed. CONTRACTOR shall be responsible for any damages caused by defect to affected area. 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 T - 9702" Intercounty Engineering C - 5 c9702.wpd 970123 (Z 9 7 -_�o 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 attributable solely 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. 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. 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. 0 "C - 9702" Intercounty Engineering C - 6 c9702.wpd 970123 K. q' - 3 9 13) Notice it r is required and r Whenever either party desires oe this AGREEMENT to glue 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. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Maurice A. Hynes, President INTERCOUNTY ENGINEERING, INC. 1925 NW 18th Street Pompano Beach, FL 33069 14) Termination This AGREEMENT may be terminated by CITY or CONTRACTOR for cause or by the CITY for convenience, upon thirty (30) 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, 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. 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 Broward County, Florida. 0 "C - 9702" Intercounty Engineering C - 7 c9702.wpd 970123 �' 3p U 16) Signatory Authority The CONTRACTOR shall provide the CITY with copies of requisite documentation p p evidencing that the signatory for CONTRACTOR has the authority to enter into this AGREEMENT. 17) Severability; 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. • 0 "C - 9702" Intercounty Engineering C - 8 c9702.wpd 970123 e-q2 3� IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the • respective dates under each signature. CITY OF TAMARAC, through its Vice Mayor and IntercounlY Engineering,Inc-, signing by and through its PLQgident , duly authorized to execute the same. rI 11 ATTEST: o Robert S. Noe, Jr., CITY Manag� Carol Evans, CITY Clerk "C - 9702" Intercwunty Engineering CITY OF TAMARAC By: -,4.,, )L Larry Mis kin, Vic yor 0 Date: February 26, 1997 By: ' �• Robert S. Noe, Jr., CITY Manager ,ov6d'as to form and Iegal sufficiency: 6"] C - 9 c9702.wpd 970123 e517-3e r] ATTEST: -1jA E m. Corporate Secretary ---W A 11U i MnSot Type/Print Name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF WM2 : SS CONTRACTOR INTERCOUNTY ENGINEERING, INC. By: Preside I t Maurice A. Hynes Type/Print Name of President Date:_-_� i I HEREBY 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 -MA114Cc P I of 4 (offer or agent and title) (name o corporation) a _ Rom, cvaCorporation, to me known (State or place of corporation) to be the person(s) described in and who executed the foregoing instrument and 1AS acknowledged before me that t-�4. executed the same. WITNESS my hand and official seal this day of A1JaAjL , 1991. ��l I NOTARY PUBLIC,, State of 11ticla at Large DAynnDis— J A (Name of Notary P ic: Print, Stamp, or Type as Commissioned) vf Personally known to me or ) Produced identification ( ✓DID not take an oath, or ( "C - 9702" Intercounty Engineering 01'11CA,LNOTARY S AC. EiOPPLE Type of I.D. Produced EYCOMMISSIONEXT'.3 rARY F'uBL c sTATE,;F FT-O�m:, COMMISSION NO. CC612 DID NOT take an oath.4= rti"v.122L!)I C-10 c9702.wpd 970123