HomeMy WebLinkAboutR-2006-055 USSI I&I Bid Award RESOLUTION NO. 2006-055
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT
FOR INFILTRATION AND INFLOW ACTIVITIES USING STATE
REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO UTILITY
SEALING SERVICES, INC. IN THE AMOUNT OF $327,634.00;
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission adopted Resolution 2002-120 approving the Water,
Wastewater and Stormwater Facilities Plan; and
WHEREAS, the correction of infiltration and inflow water was among the projects
identified in the Water, Wastewater and Stormwater Facilities Plan; and
WHEREAS, on February 17, 2006, the City received bids for the Infiltration and Inflow
Phase 1 improvement project, and the scope of services for this project involves six phases:
® Inspection of all sanitary sewer manholes for the City of Dania Beach for
damage, leakage or other problems
o Repair/sealing of chimneys in all manholes to reduce infiltration from the
street during flooding events
® Installation of dishes in all manholes to prevent infiltration
o Repair of manholes in poor condition or exhibiting substantial leakage
a Smoke testing of sanitary sewer system
® Documentation of all problems in a report to City that identifies problems,
locations and recommended repairs; and
WHEREAS, there were two bidders for the project as follows:
Utility Sealing Services, Inc. $327,634.00
American Water Services, Inc $407,325.00; and
WHEREAS, the City bid selection team, including the project management consultant
recommend that the low bidder, Utility Sealing Services, Inc., be selected to perform the work
and the bid be awarded to that company in the amount of$327,634.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing findings are incorporated by this reference.
Section 2: That the bid shall be awarded to the low bidder, Utility Sealing Services, Inc.
in the amount of$327,634.00 and the proper City officials are authorized to execute the contract
for the work; provided, however that no contract will become effective unless and until City
officials complete execution of it. Funding for the contract shall be derived from SRF funds.
Section 3. That the City Manager is designated as the authorized representative to
provide the assurances and commitments required by the loan application.
Section 4. That the City Manager is authorized to delegate responsibility to appropriate
City staff to carry out technical, financial, and administrative activities associated with the loan
agreement.
Section 5. That all resolutions or part of Resolutions in conflict with any of the
provisions of this Resolution are hereby repealed.
• Section 6. That if any Section or portion of a Section of this Resolution proves to be
invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other Section or part of this Resolution.
Section 7. That this Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED on March 14, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-ABSENT
-+��'�/ COMMISSIONER CASTRO- YES
LOUISE STILSON, CMC COMMISSIONER MCELYEA- YES
CITY CLERK VICE-MAYOR ANTON- YES
MAYOR FLURY-YES
2 RESOLUTION #2006-055
APPROVED AS TO FO / ND CORRECTNESS:
BY: J
THONTAS J. NSBRO
CITY ATTORNEY
•
3 RESOLUTION#2006-055
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® AGREEMENT
THIS IS AN AGREEMENT ("Agreement"), dated Iy C1�// , 2006 between: THE
CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business location at
100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and UTILITY SEALING
SERVICES, INC., a corporation ("Contractor") with its principal place
of business located at 752 Commerce Drive, Suite #15, Venice, Florida 34292.
In consideration of the mutual terms, conditions, promises, covenants and payments set
forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and
Contractor agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement,
and to generally express the objectives and intentions of the parties, the following statements,
representations and explanations are the predicates for the undertakings and commitments
included within the provisions which follow, and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
1.1 The Contractor, for the consideration fully set out below, shall furnish all the
materials, equipment and labor to perform all work necessary to complete the Project, all in full
and complete accordance with the City's Bidding Documents. The "Project" consists of
materials, equipment and labor necessary to perform the following work:
• Inspect manholes
• Seal manhole chimneys
• Install rain dishes to prevent inflow through the manhole
• Manhole repair
• Smoke testing
• Identification of sewer system leaks, including those on private property (via
location of smoke on private property)
are more particularly described in the bid documents and proposal, which bid documents and
proposal are incorporated into and made a part of this Agreement as composite Exhibit "A",
attached.
1.2 The City advertised for bids, identifying the City's desire to have certain work
completed,pursuant to the bid entitled:
Infiltration & Inflow Program
Manhole Inspection and Sealing,Smoke Testing
Bid No. WW-05-1
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1.3 On March 14, 2006, the City awarded the work to Contractor and authorized the
proper City officials to enter into this Agreement with Contractor to complete the Project.
However, the parties agree that this Agreement shall only become effective upon its complete
execution by both parties.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor agrees to do everything required by this Agreement and to comply
with any and all other provisions in the documents and items incorporated by reference into this
Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off-site
disposal, which is or may be necessitated by its Project work.
2.2 Contractor agrees that all work performed under this Agreement shall be done
in a professional manner and that Contractor's efforts will produce a quality result.
2.3 Contractor represents to City, with full knowledge that City is relying upon
these representations when entering into this Agreement with Contractor, that Contractor has the
expertise, experience and work force sufficient to timely perform the services to be provided by
Contractor pursuant to the terms of this Agreement.
2.4 Contractor represents to City that Contractor is properly licensed by all
applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any
reason by any governmental agency, Contractor shall notify the City immediately.
2.5 Contractor agrees to conduct all work and services under this Agreement in
accordance with all applicable federal, state and local laws and regulations. Contractor will
identify all governmental authorities and agencies having jurisdiction to approve work involved
in the Project and Contractor agrees to obtain all permits and approvals from any and all such
governmental authorities which have jurisdiction. If permitted by the permitting agency, and if
City can realize a cost savings by such action, City may authorize the Contractor to seek required
permits on behalf of and in the name of City as its Contractor; provided, however, that
Contractor agrees to fully indemnify and hold harmless the City in all respects as a result of the
obtaining of any and all such permits and approvals. Without limiting the foregoing, City agrees
to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same, the
amounts of all permit fees incurred by Contractor in connection with the applications, processing
and securing of approvals or permits which are required to be obtained from all governmental
authorities which have jurisdiction over any and all aspects of this work, except City permits and
fees which shall be waived and except for so much of any fees as to which the City is required to
remit to other governmental agencies.
2.6 City's Tngineer, or other designated representative, will be the person through
whom Contractor must communicate all information pertaining to the Project.
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. 2.7 Contractor shall guarantee the entire Project work against poor workmanship and
faulty materials for a period of one (1) year after final payment and shall immediately correct any
defects which may appear during this period upon written.notification by the City's Engineer or
designated representative. Contractor waives any and all rights to claim any statute of
limitations defense as to any condition that may arise under this guarantee.
ARTICLE 3
TERMS AND CONDITIONS
3.1 Contractor shall begin to perform the Project work within five days after City
issues a Notice to Proceed and complete it as specified in the Bid within days
thereafter.
3.2 This Agreement may be terminated by City if Contractor fails to perform the
work to City's sole and reasonable approval, after City sends written notice of any deficiency to
Contractor and Contractor does not cure such deficiency within seven (7) days from the date of
such notice. In such event, the Contractor shall be paid compensation for improvements made
toward completion of the Project work, if such improvements meet City's sole and reasonable
approval, which approval will not be unreasonably withheld. In the event that the Contractor
abandons the work specified in this Agreement or causes it to be terminated, Contractor shall
indemnify the City against any loss pertaining to its abandonment up to a maximum of the
amount to be paid under this Agreement. All finished or unfinished materials, documents and
reports prepared by Contractor shall become the property of City and shall be delivered by
Contractor to City before payment, if any, is made to Contractor by City.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 After Contractor gives City written notice of the Completion Date, City agrees to
compensate Contractor, as follows, no later than twenty (20) business days after the City
Engineer or City designee or designated representative approves all of Contractor's completed
Project work pursuant to the provisions of this Agreement.
Project completion shall be evidenced by a writing to that effect, issued by the City
Engineer or designee and given to the City Clerk. The total compensation authorized by City
may not be exceeded without a written amendment to this Agreement executed by the authorized
agents of both of the parties.
4.2 Payment will be made to Contractor at:
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4.3 The making and acceptance of the work shall constitute a waiver of all claims
by the City except for any or all claims arising from the guarantee set forth above, unsettled
liens, lawsuits, deficiencies or faulty work appearing within one (1) years after final payment, or
from any variations from the requirements of the Specifications for the Project. The acceptance
of payment shall constitute a waiver of all claims against City by the Contractor.
4.4 Contractor shall, before final payment is made by City, provide City copies of
releases of all liens from any and all subcontractors, materials' providers and the like, who or
which supplied.or furnished any labor, services or materials that were used in the Project.
Contractor shall then furnish the City a "No Lien Affidavit". Final payment shall be made upon
submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills
and other costs incurred by the Contractor in connection with the work, have been paid in full,
and after all guarantees and specifications for products, materials or both incorporated into the
Project that appear in this Agreement and as otherwise set forth in the specifications have been
furnished to and found acceptable by the City.
ARTICLE 5
CHANGES IN SCOPE OF WORD
City or Contractor may request changes that increase, decrease or otherwise modify the
Project, as described in this Agreement. These changes may affect the compensation specified
above and, if so, they must be described in a written amendment, executed by the authorized
agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event
will Contractor deviate or permit deviation from the work described in this Agreement or the
Specifications without City's advance written consent.
ARTICLE 6
PROTECTION OF CITY AND PRIVATE PROPERTY
At all times during the performance of this Agreement, the Contractor shall protect City
property and private property from all damage whatsoever on account of Contractor's
performance of work toward completion of the Project described by this Agreement.
ARTICLE 7
INDEMNIFICATION
7.1 Contractor shall indemnify and hold harmless City and the City's officers, employees
and agents from liabilities, damages, losses, and costs, including, but not limited to reasonable
attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of this
Agreement, including any subcontractor. As specified by Section 725.06(3), Florida Statutes, this
Agreement does not require the Contractor to indemnify, defend or hold harmless City and the City's
officers, employees and agents from "any" liability, damage, loss, claim, action, or proceeding. The
indemnification shall survive the term of this Agreement.
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7.2 The Contractor agrees to release the City from and against any and all liability
and responsibility in connection with the Project work. If Contractor exposes City to liability for
any reason arising out of the Project work, Contractor's compensation may be withheld until
City can determine the extent of City's exposure and City retains the right to offset any amounts
related to such matters against Contractor's compensation, if any. City will notify Contractor in
writing when it determines Contractor may have exposed City to any liability and City will
provide a reasonably ascertainable date by which resolution of the exposure, offset or both will
be determined.
7.3 To the extent this indemnification clause does not comply with Chapter 725, Florida
Statutes, this provision and all aspects of the Agreement shall be interpreted as,the parties' intention
for the indemnification provisions and Agreement to comply with Chapter 725, Florida Statutes, as it
may be amended from time to time.
ARTICLE 8
INSURANCE
8.1 The Contractor shall not commence work under this Agreement until Contractor
has obtained all insurance required under section 8.4 of this Article ("Coverage") and such
Coverage has been approved by the Risk Manager of the City. The Contractor shall not allow
any subcontractor to commence work on any subcontract until the subcontractor, as provided in
section 14.3, below, and all Coverage required of any subcontractor, have been approved by
City. In addition, Contractor shall be responsible for any policy deductibles and self-insured
retentions.
8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence
of the Coverage. They shall be filed with the City Risk Manager within ten (10) days of the date
first above written. These Certificates shall contain a provision that Coverage afforded under
these policies will not be canceled until at least thirty (30) days prior written notice has been
given to the City. Policies for Coverage shall be issued by companies authorized to do business
under the laws of the State of Florida and any such companies' financial ratings must be no less
than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best
Guide.
8.3 Coverage shall be in force until all work required to be performed under the
terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the
City. In the event insurance certificates provided to City indicate that the insurance shall
terminate and lapse during the period of this Agreement, then in that event, the Contractor shall
furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like Coverage for the balance of the period of the
Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM
OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL
COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT
TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT.
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8.4 REQUIRED INSURANCE COVERAGE.
8.4.1 General Liability Insurance includes products, completed operations
and blanket contractual liability with bodily injury limits of not less than $1,000,000.00 per
occurrence combined single limit for bodily injury and property damage. City shall be named as
an "additional named insured" under the general liability policy including product liability.
"Additional named insured" clause shall be a rider or endorsement issued by the insurance home
office, not by a local agent.
8.4.2 Workers' Compensation insurance shall be maintained by Contractor
during the life of this Agreement to comply with statutory limits for all employees, and in the
case any work is sublet, as otherwise addressed in this Agreement, the Contractor shall require
any subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the Contractor. The
Contractor and its subcontractors shall maintain during the life of this policy Employers'
Liability Insurance. The following limits must be maintained: $500,000.00 with not less than
$100,000.00 per occurrence.
8.4.3 Comprehensive Auto Liability insurance with limits not less than
$500,000.00 per occurrence for bodily injury and property damage. This coverage shall include
owned, hired and non-owned vehicles.
The Contractor shall hold the City, its agents and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to complete the
Project. The City reserves the right to require Contractor to provide and pay for any other
insurance coverage City deems necessary depending upon the possible exposure to liability.
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ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the parties.
Contractor agrees that it is not the City's employee for any purposes, including but not limited to,
the application of the Fair Labor Standards Act minimum wages' laws and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and
the Florida unemployment insurance law. The Contractor shall retain sole and absolute
discretion and exercise its judgment as to the manner and means of carrying out Contractor's
activities and responsibilities toward completion of the Project. Administrative procedures
applicable to services rendered under this Agreement shall be those of Contractor, which policies
of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations
relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees
that it is a separate and independent enterprise from the City, that it has full opportunity to find
other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum
wages, overtime premiums or both.
ARTICLE 10
DEFAULT OF AGREEMENT AND REMEDIES
10.1 Liquidated Damages. It is mutually agreed between the parties that time is of
the essence of this Agreement, and in the event the Project is not completed within the time and
in the manner specified above, it is agreed that from the compensation otherwise to be paid to the
Contractor, the City may retain the sum of Two Hundred ($200.00) Dollars per day for each day
thereafter, Sundays and holidays included, that the work remains uncompleted and the City is
denied full benefit of completion of the Project, which sum City and Contractor agree represents
the damages the City will have sustained per day for the failure of the Contractor to complete the
Project within the time stipulated. The parties agree that this sum is not a penalty.
10.2 Remedies in Default. In case of any default by Contractor, the City, through
City's Engineer or designated representative, shall notify the Contractor, in writing, of such
default and direct Contractor to comply with all provisions of the Agreement. If Contractor does
not cure such default within seven (7) days of the date after notice was sent by City, City may
declare a default of this Agreement and will notify the Contractor of such declaration of default
in writing and terminate the Agreement.
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ARTICLE 11
BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily,
then this Agreement shall terminate effective on the date and at the time the bankruptcy petition
is filed and Contractor will automatically be in default of this Agreement.
ARTICLE 12
DISPUTE RESOLUTION
12.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between City and Contractor arising out of, relating to or pertaining to this Agreement, or the
breach of it, or the services of it, or the standard of performance required in it, shall be addressed
by resort to non-binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is
unsuccessful, any such matter may be determined by litigation in a court of competent
jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of
Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the
parties agree to each waive any trial by jury of any and all issues. In the event of any litigation
which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard
of performance required in it, the prevailing party shall be entitled to recover reasonable
attorneys' fees from the non-prevailing party, subject to the limits of this paragraph. Where the
prevailing party is awarded compensatory damages from the non-prevailing party, the amount of
attorneys' fees shall not exceed the amount of compensatory damages. If no compensatory
damages are awarded, the prevailing party is entitled to reasonable attorneys' fees, which
entitlement and award shall not exceed the total amount payable as Contractor's compensation
under this Agreement.
12.2 Operations During Dispute.
12.2.1 In the event that a dispute, if any, arises between the City and the
Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees
to continue to render service in full compliance with all terms and conditions of this Agreement
as required by the City, unless otherwise directed by City.
12.2.2 Notwithstanding any other provisions in this Agreement, whenever
any service provided by the Contractor fails to meet City's reasonable approval, the City will
have the right to terminate the Agreement seven (7) days after the date when the written notice
was sent by City of the deficiency, if Contractor has not cured such deficiency within that time.
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ARTICLE 13
MISCELLANEOUS
13.1 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement. Further, the
rule that a contract shall be interpreted strictly against the party preparing same shall not apply to
this Agreement due to the joint contributions to it of both parties.
13.2 Records. Contractor shall keep such records and accounts and require any and
all subcontractors to keep records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement, and any expenses for which
Contractor may attempt to claim reimbursement. Such books and records will be available at all
reasonable times for examination and audit by City and shall be kept for a period of three (3)
years after the completion of all work to be performed pursuant to this Agreement. Incomplete
or incorrect entries in such books and records will be grounds for disallowance by City of any
fees or expenses based upon such entries.
13.3 Assignments, Subcontracts and Amendments. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or
otherwise encumbered, under any circumstances, by Contractor without the prior written consent
of City. For purposes of this Agreement, any change of ownership of or controlling interest in
Contractor shall constitute an assignment which requires City approval. Violation of the terms
of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its
discretion, cancel this Agreement and all rights of Contractor under this Agreement will
terminate.
It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
executed by the authorized agents of the parties.
13.4 No Contingent Fees. Contractor warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor to solicit
or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Contractor
any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the City
shall have the right to terminate the Agreement without liability and, in its discretion, to deduct
from the Agreement price, or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
13.5 Notice. Whenever any party desires to give notice to the other party, it must be
given by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended. The places for giving of notice shall remain as set
forth below until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the Contractor and the City designate the following as
the respective persons and places for giving of notice:
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City: Dominic Orlando, P.E.
Director of Public Services Department
City of Dania Beach
c/o 100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Copy to: Thomas J. Ansbro, Esq.
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Utility Sealing Services, Inc.
752 Commerce Drive, Suite 15
Venice, FL 34292
13.6 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and is authorized to bind and obligate such
party with respect to all provisions contained in this Agreement.
• 13.7 Headings. Headings in this Agreement are for the convenience of reference
only and shall not be considered in any interpretation of this Agreement.
13.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of
this Agreement. The exhibits, if not physically attached, are treated as parts of this Agreement
and are incorporated in it by this reference.
13.9 Severability. If any provision of this Agreement or application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, and shall continue
in full force and effect, and shall be enforced to the fullest extent permitted by law.
13.10 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Broward County, Florida.
13.11 Extent of Agreement. This Agreement represents the entire and integrated
agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, either written or oral. In the event of any conflict between any
provision in the Agreement and the attachments, the terms and exhibits of this Agreement shall
control.
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• 13.12 Waiver. Failure of the City to insist upon strict performance of any provision or
condition of this Agreement, or to enforce any right contained in it, shall not be construed as a
waiver or relinquishment for the future of any such provision, condition or right, but the same
shall remain in full force and effect.
13.13 Conflict. In the event there is a conflict between any of the terms in any
of the documents contained in any Exhibit to this Agreement and any terms of this Agreement,
the terms of this Agreement shall prevail.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY:
CITY OF DANIA BEACH
A Florida Municipal Corporation
ATT ST:
LOUISE STILSON, CITY CLERK PATRICIA FLURY, MAYOR
APPROVED FOR FORM AND
CORRECTNESS:
AN PAKOITY MANAGER
BY:
THOMA J. �N' 81390, CITY ATTORNEY
CONTRACTOR:
Utility Sealing Services, Inc.
(J CORPORATE SEAL: By:
(IF APPLICABLE SIGN T RE
PRIM NAME
TITLE
•
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STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared kiuci /J6 M Antler as
pt"s,de&I , respectively, of Contractor, UTJ-1, N Sf ft)"ems
corporation and acknowledged execution of the foregoing Agreement for the use and purposes
mentioned in it and that the instrument is the act and deed of the Contractor.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on �r; ( /j , 200_�.
Notary PL16lic, 6tate of Florida at Large
My Commission r _ _.. ".-. M
n9ARY PALOMINO
o m� Notary Public.State of Florida
_ n My comm.expires Jan.31,2009
No.DD 388749
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INSTR# 105961007
OR BK 41791 Pages 1570-1582
RECORDED(X1 1/06 11:54:51
BROWARD COL)NTY COMMISSION
DEPUTY CLERK 1067
® #1, 13 Pages
EXHTRIT I
PER'oRMANCE BOND #000142:3
TO: City Of Dania Beach, Fliwida
1"R( I:CT:Infiltration ant?, Inflow Program Manhole In9VectRon and Scaling ng Smoke
CONTRACTOR: USSI Sealing Services , Inc .
DATE: 4 i a 200 6
CONTRACTOR(name and pi i 6Pnaal place or
business): 'SURETY(name and principal place of
business).
USSI Sealing Services , Inc .
Companion Property & Casualty Insurance Company
752 Commerce Dr ;15
Venice FL 34282
Atlanta GA 30350
(941) 926-2646
(800) 424-0132
OWNER.
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FL 33004
CONSTRUCTION*CONTRACT
Date:
Amount: $327,634.00
Description (name and location): Infiltration
and Inflotij Program Manhole•
�i�gB�iDn�'Zta'•�-1-it1g-Ste'-�T�'
City Bid No.
Page 1 of 7
PERF()RMANCE BOND(con#}
Date(not earlier t 2an
Construction Contract
Date): Bond will become effective as of the contract date
• ��11oi�sit: $37.7,634.00--••-----------` ....�.... ----
CONTRACTOR AS PRINCII'Ai
Company: (Corporate- Seal ifapplicable) SURETY
USSI Sealing Services, Inc. ConlPanv' (r0?-ppr@t(, SeHj)
Companion Property & Casualty Insurance Compay
4 Sipatu
UtAr
Katherine S Gr'
N er
ame zmsle
Name Q <'
Title �__ Attorne in fact and License 's k
Title „- Fla ` t L,
.11ll 1111
FLORIDA RESIDENT AGENT
Allstar Financial Group, Inc.
Address "—-�-,--
P 0 Box 150291 Tampa FL 33684
Phone --�-. —
(813) 931-0136
Fax -—
(813) 931-0236
rage 2 of 7
^alt:v �clnk`T rr,i;.9'r7,•1. rnry"•". S1c-. 4.<,.,.o-Gh•^x� rfi�+�dP�'J{".1�1mr, gkx,ry;+j r`° �..•;.;;..
STATE OF FLORIDA )
COUNTY OF )
KNOW ALL PERSONS BY THESE PRESENTS: That USSI Sealing Services, Inc.
of the County of and State of Florida, as I�.riticipa.l, and_See beloc.1 authorized, licensed and admitted to do business under the laws of the State of Florida to act as
surety on bonds, as Surety, are held and firmly bound to the City of Dania Reach a Florida
municipal corporation (the "Owner"), as obligee, in the penal sum of $327,634.00-----'-__-------
------' Dollars( 327,634.00 ) for the rg pa
t11e17lSelVeS ytnext of which, the P.ri and Surety bind
, and their heirs. adminiMrators, executors, gr)�Cl .
severally, by these presents: Sy!)
WHEREAS, the Principal has entered into that certain Agreement with the Owner, dated
-. 200 _, for the construction of certain imrrovemeats known as the "See below
(the "Agreement"), which Agreement is by reference made a part of this
document as fully and to the same extent as if copied at length in it;
NOW, THEREFORE, 'I'HF CONDITION OF THIS OBLIGATION IS SUCH THAT, if the
Principal shall faithfully perform the Agreement and shall in all respects duly and faithfully
observe and perform each of the covenants, conditions, warranties and agreements in and by the
Agreement agreed and covenanted by the.Principal to be observed and petf'onned, and according
to the true intent and meaning of the Agreement, then this obligation shall be void; otherwise to
• remain in full force and effect.
Whenever Principal shall be, and declared by the Owner to be in default under the Agreement,
the Owner having performed the („Owner's obligations under it, the Surety may promptly remedy
the default, or shall promptly:
1• The Contractor and the Surety, ,jointly and severally bind themselves, their heirs,
executors, administrators, successors and assigns try the Owner For the per ormance of the
Construction Contract, which is incorporated into this document by this reference.
2. If the Contractor performs the Construction Contract, the Surety and Ole Contractor shall
have no obligation under this Bond, except to participate In con.ferencos.
3• If there is no Owiier Default,the Surety's obligation under this Bond shall arise after:
(A) The Owner- ha,5 notified the Contractor and the Surety at the addresses listed
above that the Owner is considering declaring a Contractor Default and has
requested and attempted to arrange a conference with. the Contractor and the
Surety to bt- held not later than fifteen ('I5) days after receipt of such notice to
discuss methods of performing the: Construction Contract, If the Owner, the
Contractor and the Surety agree, the Contractor ahall tie;allowed a reasonable time
to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default; and
Surety:.Companion Property & Casualty Insurance Company
Project.: Infiltration- and Inflofj Program
• (Y�) 'the Owner has declared a Cont
ractor Default Contractor's rfght to complete the Contract.Such C omr for 'ally Default halt d t he
declared earlier than twenty (20) days al}er the Contractor and the Surety haVe
received Notice of a Contractor Default; and
(C) The Owner has agreed to pay the Balance of the C ty in
ontract Price to the Sure accordance with the terms of the Construction Con.tr•act pr to a Contractor selected
to perform the Constmetion Contract in accordance with the terns of the Contract
with the Owner.
4. When the Owner has satisfied the conditions of paragraph 3, the Surety shall promptly
and at the Surety's expense take one of the following actions:
(A) Arrange for the Contractor, with consent of the Owner, to perform and complete
the Construction Contract; or
(B) Undertake to perform and complete; the Construction Coiitrsct itself, thro
agents or through independent contractors determined to be qualifed by Owner;ugh its
or
(C) Obtain bids or negotiated proposals from qualified Contractors acceptable to the
Owner for a Contract for performance and completion of the Consiruction
Contract, arrange .for a Contract to be prepared for execution by the Owner ,and
the Contractor selected with the Owner's coucurlenc;e, to be secured with
performance and payment bonds executed by a qualified Surety equivalent to the
bonds issued on the Construction Contract, and pay to the Owner the amount <If
damages as described in paragraph & below in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's default;or
(D) Waive its right to perform and complete, arrange for completion, or obtain a new
Contractor acceptable to the Owner and with reasonable promptness under the
circumstances:
f• After investigation, determine the amount fbr which it may be liable to the
Owner and,tender payment therefor to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing reasons
therefor.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness,
the Surety shall be deemed to be in default on this $ond fifteen days after receipt of an
additional written notice from the Owner to the Surety demanding that the Surety
perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner.
6. After the Owner has terminated the (contractor's right to complete the; Construction
Contract, and if the Surety cle;cts to act, then the responsibilities of. the Surety to the
Owner shall not be greater than those of the Contractor under the Construction Contract
and the responsibilities of the Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the amount of this Bond, but
subject to commitment by the Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Surety is obligated without
duplication for:
(A) The responsibilities of the Contractor for correction of defective work and
completion Of the C'onstnrction Contract,
A Additional legal, design profe.5sional and delay costs resulting from the
Contractor's Default, and resulting from the actions or Failure to act of the Surety
under paragraph 4; and
(C) Liquidated damages, or if no liquidated damages are specified in the Construction
Contmet, actual damages caused by delayed performance or non-performance of
the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that
are unrelated to the Construction Contract, and the Balance of the Contract Price shall not
be reduced or set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than the Owner or its heirs,
executors, administrators or successors.
8. The Surety waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts,purchase orders and other obligations.
9. Any proceeding, legal or equitable:, tinder this Bond may be instituted in any court of
competent jurisdiction in the Iocation in which the work or part of the work is located and
shall be instituted within two years after Contractor Default or within two year s after the
Contractor ceased working or within aft two years after the Surety refuses or fails to for,
its obligations under this Bond,whichever occurs first. If the provisions of this paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the
addresses shown above.
11. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where; the Construction was to be performed, any provision in this Bond
conflicting with such statutory or legal requirement shall be deemed deleted .from this
document and provisions conforming to such statutory or other legal requirement shalt be
deemed incorporated into this document. The intent is that this Bond shall be construed
as a statutory bond and not as 4 common law bond.
•
12. DEFINITIONS
(A) Balance of the Contract Price., The total amount payable by the Owner to the
Contractor under the Construction Contract after all proper adjustments have ban
made including allowance to the Contractor of any amounts received received by the Owner in settlement of insurance or other claims tier damages to or to be
Which the Contractor is entitled, reduced by all valid and. proper payments made
to or on behalf of the Contractor under the Construction Contract.
�B) Construction Contract: The agreement between the
Owoer and ntraclor
identified on the first page of this document, including all. CrntracteDocments
and changes to them.
(C) Contractor Default: Failure of The Contractor, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Construction
Contract.
(D) Owner Default: Failure of the.Owner, which has neither been remedied nor
waived, to pay the Contractor as required by the Construction CotCract or to
perform and complete or comply with the other terms of such Contract.
.. .3. iKdf!!Y•Ad+cSip•�'. '.+�4'�,"^7;"•G.`•'!XSC'-�:,:r+fuwwd._. -
IN WITNESS OF THE FOREGOING, the Principal and Surety have sited and sealed this
• instrument on April io ^-.----.200 6
PRINCIPAL, S ItEll, ;y
CONTRACTOR
j� therine Grimsley
r1 :Attorney i Fact & Li ed'Ff4.Ageat'A ? >
Date: April 10 2006
By:
:Nano ..l! .�
Title:
Date: pri 2 6
The provisions and limitations of Florida Statutes 255.05 are incorporated herein by reference.
•
EXWBIT J
LABOR,AN"MATERIAL PAYMENT BOND #0001423
TO: City of Dania Beach,Florida
PROJECT:Infiltration and Inflow Program_Manhole Inspection and Sealing/Smoke Testing
CONTRACTOR: USSI Sealing Services, Inc.
DATE: 4/10 .2110 6
CONTR.ACTOR(name and principal place of SURETY(name and principal place of
business):
business):
USSI Sealing Services, Inc. Companion Property & Casualty Insurance Company
752 Commerce Dr ¢#15 1301 Hightower Trail 4#210
Venice FL 34282 T
Atlanta GA 30350
(941) 926-2646 (800) 424-0132
OWNER.
• City of Dania Beach
100'West Dania Beach Blvd.
Dania Beach,FL 33004
CONSTRUCTION CONTRACT
Date: Date.-
Amount: $327634.0_0
Description(name and location) Infiltration and Inflow Program—Mabbole inRpeetion and
�lin0moke Testing
pa(Vix 1 of 1z
LABOR AND MATERYAL PAYMENT BOND (cont)
Date.(not earlier than
Construction Contract
Date): Bond will become effective as of the contract date
Amount: $32.7,634.00------------------ -- ($327 634.0
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal if applicable) Company: (Corporate Seal)
USSI Sealing Services, Inc. Companion Property- & Casualty Insurance Company
Sign Sl Ure
_Lu.c �LQJ Katherine S GTms ey
Name_ Name
Attorney in fact & Licensed_
Title Title
FLORIDA RESIDENT
SID NT AGENT
Allstar Financial Group, Inc.
Address
P 0 Box 15029, Tampa FL 33684
Phone
(813) 931-0136
Fax
(813) 931-0236
The provisions and limitations of Florida Statutes 255.05 are incorporated herein by reference.
• 1. The Contractor and the Surety, jointly and severally bind themselves, their heirs,
executors, administrators, successors and assigns to the Owner to pay for labor, materials
and equipment furnished for use in the performance of the Construction Contract, which
is incorporated into this document by reference.
2. With respect to the Owner,this obligation shall be null and void if the Contractor:
(A) Promptly makes payment,directly or indirectly, for all sums due Claimants, and
(B) Defends, indemnifies and holds harmless the Owner, its elected officials,
employees, agents and Consultant from claims, demands, liens or suits by Iny
person or entity whose claim, demand, Iien or suit is for the payment for labor,
materials or equipment furnished for use in the performance of the 'Work,
pursuant to the Construction Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the addresses first described above) of any
claims, demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the'Contractor and the Surety, and provided there is no Owner
Default
3. With respect to Claimants, this obligation shall be null and void if the Contractor
promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to any Claimant under this Bond until:
(A) Any Claimants who are employed by or have a direct Contract with the
Contractor have given notice to the Surety (at the address first described above)
and sent a copy of notice of such claim,to the Owner, stating that a claim is being
made under this Bond and, with substantial accuracy, the amount of the claim,
(B) Claimants who do not have a direct Contract with the Contractor:
I. Have furnished written notice to the Contractor and sent a copy, or notice
of such claim, to the Owner, within 90 days after having last performed
labor or last furnished materials or equipment included in the.claim
stating,with substantial accuracy,the amount of the claim and the name of
the party to whom or to which the materials were furnished or supplied or
for whom or for which the labor was done or performed; and
2. Have either received a miection in whole or in pant from the Contractor, or
not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated
the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have Sent a written notice
to the Surety (at the address first described above) and sent a copy, of
notice of such claim to the Owner,stating that a claim is being made under
Paces. Z of 5
this Bond and enclosing a copy of the previous written notice furnished to
the Contractor,
S. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly
and,at the Surety's expense,take the following actions:
(A) Send an answer to the Claimant, with a copy to the Owner, within 45 days after
receipt of the, claim, stating the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
(B) Pay or arrange;for payment of any undisputed amounts.
6. The Surety's total obligation shall not exceed the amount of this Bond..
7. Amounts owed by the Contractor tinder the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and the Owner accepting
this Bond, they agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority.to use the funds for the
completion of the work.
8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the
• Contractor that Are unrelated to the Construction Contract. Tlie owner shall not be liable
for payment of any costs or expenses of any Claimant under this Bond, and shall have
under this Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claitnattts under this Bond.
g. The SuMty waives notice of any change, including changes of time, to the Construction
CQQU=t or to related subcontracts,purchase orders and other obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other than in a court
of competent jurisdiction in the location in which the work or part of the work is located
or after the expiration of one year from the date (1) on which the Claimant gave the
notice as required above or (2) on which the last labor or service was performed by
anyone or the Iast materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs: If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
I I. Notice to the Surety, the Owner or the Contractor shall be trailed or delivered to the
addresses first shown above. Actual receipt of notice by Su
ret
Cat:tractor, however accomplished, shall be sufficient compliancee as, the Owner or the
of the date received
at the addresses first described above.
•
12. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where the construction was to be performed any provision in this Bond
conflicting with such statutory or legal requirement shall be deemed deleted from this
document and provisions confonning to such statutory or other legal requirement shall be
deemed incorporated into this document. The intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,
the Contractor shall promptly funish a copy of this Bond or shalt permit a copy to be
made.
14. DEF1NIT ONS
(A) Claimant: An individual or entity having a direct Contract with the Contractor or
with a Subcontractor of the Contractor to furnish labor, materials or equipment for
use in the performance of the Contract. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment', that part.of water,
gas, power, light, Beat, oil, gasoline, telephone service or rental equipment used in
the Construction Contract, architectural and engineering services required for
Perforamce of the work of the Contractor and the Contractor's Subcontractors,
and all other items for which a mmharuc's lien may be asserted in the jurisdiction
where the labor,materials or equipment were fiumshed.
• (B) Construction Contract: The agreement between the Owner and the Contractor
identified on the fast page of this document, including all Contract Documents
and changes to them.
(C) Owner Default: Failure of the Owner, which has neither been remedied nor
waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of the Contract.
Von.. S n-0C
• COMPANION PROPERTY & CASUALTY INSURANCE COMPANY
P. O. Box 100165 (29202)
51 Clemson Road BOA #0001/+23
Columbia, SC 29229 Amt $327,634.00
GENERAL POWER OF ATTORNEY
Know all men by these Presents, that the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY had made,
Constituted and appointed, and by these presents does make, Constitute and appoint Andrew C. Heaner of Atlanta, Georgia;
Richard L. Shanahan of Atlanta, Georgia; Scott E. Stoltzner of Birmingham, Alabama; Arthur S. Johnson of Atlanta, Georgia;
Jessica B. Gardiner of Loganvilie, Georgia; Mary F. Holland of Chamblee, Georgia; James E. Feldner of West Lake, Ohio;
Jeffery L. Booth of Parma, Ohio; Macharl S. Zwart of Gretna, Louisiana; David R. Brett of Columbia, South Carolina; Katherine
S. Grimsley of Tampa, Florida or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attomey for it and its name,
place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be
given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in
amount of the sum of$1,000,000 (One Million dollars)including but not limited to consents of surety for the release of retained
percentages and / or final estimates on construction contracts or similar authority requested by the Department of
Transportation, State of Florida-and the execution of such undertakings, bonds, recognizances and other surety obligations, in
pursuance of the presents, shall be binding upon the Company as if they had been duly signed by the president and attested by
the Secretary of the Company in their own proper persons.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the COMPANION PROPERTY&
CASUALTY INSURANCE COMPANY on the 1 B`day of July 2005.
RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is,
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of
the COMPANION PROPERTY& CASUALTY INSURANCE COMPANY bonds, undertakings and all contracts of suretyship; and
that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of
any such Power of Attorney,and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of
Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shalt be valid and binding upon the Company when so affixed and in the future, with respect to any
bond undertaking or contract of suretyship to which it is attached.
In Witness Whereof, the COMPANION PROPERTY & CASUALTY INSURANCE COMPANY has caused its official seal to be hereto affixed,and these presents to be signed by its President and attested by its Vice President this 9th day of Sept., 2005.
Attest: COM N P RT &C UALTY INSURANCE COM ANY
0
<o.11�11f1l10
�1r`ill., ` Charles M. Poto , President Curtis C. Stewart,Vice President&CFO
H CAROLINA
Q�i '�OUNTY' ND
O� On this I' of S�F'�a..,& - zinc before me personally came the above named officers to me known,
: o� + by' ly swom, did depose and say that he resides in Columbia, in the County of Richland, State of SC, at
Co�uMa; that�he iT-the President of COMPANION PROPERTY & CASUALTY INSURANCE COMPANY, the corporation
described and whi executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the
ii;o• ui'ne i corporate seal;that it was so affixed and that he signed his name thereto pursuant to due authorization.
Notary Public,State of SC, Qualified in Richland County Commission Expires: ZS MJj`1 7�1 1S"—
O �LITH CAROLINA
JftuN F RiCHLAND
I, the undersigned, an Officer of COMPANION PROPERTY & CASUALTY..INSURANCE COMPANY. a South Carolina
Corporation, DO HEREBY CERTIFY that the foregoing and attached Power ofA#Rmoy,;remains in fult force and has not been
revoked; and, furthermore, that the Resolution of the Executive Committee,pf' he
Attorney is now in force. :. of irectors set forth in the Power of
+. ;
Signed and sealed at the City of Columbia, Dated the 10 day of Apra
• h 6 r-,
Curds. tewartice President&CFO
Number 2292 Revised: 9/8/2005
CITY OF DANIA BEACH Agenda item#
Agenda Request Database
Date of Commission Meeting: 3/14/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑X Presentation ❑ Continued from:
Requested ACt10n Qdenfity appropriate Action iir Motion) € y 1
.. W.�.z . t'��� '4 ..,.,...�- i
Approval to award the Phase 1 Infiltration and Inflow- Manhole Inspection, Repair and Smoke Testing Improvement
Project to USSI in the amount of$327,634.00.
City Commission approval of Contract award is required.
UVhat Action Accomplishes h ze
;'sue€
F
Allows City to award Contract to USSI, the low bidder. Also, allows City to use State Revolving Funds (SRF) for the
Project.
AMD
Purchasing Requests ONLY
Dept: 3302 Water Utility Water Distribution Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ® Stormwater: ❑ Grants: ❑ Capital: ❑
a Wes .. xx�
Summary Explanati6n/Backgrounds > s `'� x '
L wa1 .. „< .Yf. .. ,. r.Y•N�..-:.'� ��, ...��.C»-..- ...- z„' .., ...�5... ..
State Revolving Funds (SRF) loans were identified in 2003 as the funding source for this project.
k" "f�' "��»�� ` '° a'm�. �.�-'" �3'b"' s�"�S�.v--rcd .n t �s.£ .«��,"3�$ 'r�" Y •r^ :.�„^' x
Approved in FY 2005 and FY 2006 CIP.
Exhibits Attachedss � � 1 r
ss�as&. .�..,x,�ttce::�.<...�, .�....�a�_ad�xa!,...x, .._�.a.�n a_ r„�� .w�.,...m� a,...�a�..�_w..�..�,��,r. .,..ate .�,..��s..� ,�,: �k»,��t .s�.ca.. :. ,.��!...,.. .�..�,�°.:L'` ��.�a..�.>,�a_�..#e ✓.�..�sr.
Staff Memo
Resolution
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
r^zra� rs
Submitted by
Leo Williams Date 03/04/06
Department Director
Dominic Orlando Date 03/04/06
HR Director
Date
Finance Director
Patricia Varney Date 03/05/06
City Attorney
Thomas J. Ansbro Date 03/08/06
City Manager
Ivan Pato Date 03/08/06
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
m
unid'..".17, City of Dania Beach
Department of Public Services
100 West Dania Beach Blvd•Dania Beach, FL 33004 -(954)924-3741 - (954)- 923-1109(fax)
TO: Mayor Anne Castro
Vice Mayor Patricia Flury
Commissioner Robert Anton
Commissioner John Bertino
Commissioner C. K. McElyea
FROM: Ivan Pato, City Manager
VIA: Patricia Varney, Finance Director
VIA: Dominic F. Orlando, P.E. Director of Public Services
Date: March 1, 2006
RE: Award of Bid for Infiltration and Inflow and approval of Loan Agreement for State
Revolving Funds for Same.
troduction and Background
On February 17, 2006, the City received bids for the Infiltration and Inflow - Phase 1 improvement
project. The scope of services for this project involves six phases:
m Inspection of all sanitary sewer manholes for the City of Dania Beach for damage,leakage or
other problems
• Repair/sealing of Chimneys in all manholes to reduce infiltration from the street during
flooding events
• Installation of dishes in all manholes to prevent infiltration
• Repair of manholes in poor condition or exhibiting substantial leakage
• Smoke testing of sanitary sewer system
• Documentation of all problems in a report to City that identifies problem, location and
recommended repair
There were two bidders for the project as follows:
USSI $327,634.00
American $407,325.00
•
WWCIP—Award of PH 1 I—n-1 and Loan Application
03-01-2006 Page 1
k ,
City of Dania Beach
Department of Public Services
100 West Dan12 ia Beach Blvd •Dania Beach,FL 33004 •(954)924-3741 • (954)-923-1109(fax)
The City has reviewed the project and obtained a recommendation from its project management
consultant to award the Bid to USSI. The City has previously worked with this firm. FDEP's Bureau
of Water Facilities Funding has also reviewed the bids. It is recommended that the City Commission
award the project to USSI in the amount of$327,634.00.
The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and
Stormwater Facilities Plan. The Plan defines future capital infrastructure needs for the water, sewer
and stormwater systems in the City and recommends improvements to each system based on current
deficiencies, anticipated growth demands and compliance with federal and state environmental
mandates. Infiltration and Inflow is a portion of this plan. This award is the first phase of the
infiltration and inflow work. State Revolving Fund loans were identified in 2003 as the funding
source for this project.
Florida Statutes provide for loans to local government agencies to finance the construction of water
facilities. In order to secure the loans, the Florida Administrative Code rules require authorization to:
• apply for loans
• establish pledged revenues
• designate an authorized representative
® provide assurances of compliance with loan program requirements
• enter into a loan agreement
The State Revolving Fund loan priority list designates the City's infiltration and inflow program as
DEP Project No. WW79104 for financing of these activities. These loan funds are for construction
activities. The SRF funding designated for construction is $350,000.00, which covers contingencies
and project supervision.
Recommendation
It is recommended that the City Commission approve a.resolution to award the Phse I Infiltration
and Inflow - Manhole Inspection; repair and smoke testing to USSI in the amount of $327,634.00;
approve a resolution for the loan application to the State Revolving Fund program for the work in the
amount of$350,000.00; and authorize the City Manager to execute the loan documents.
WWCIP—Award of PH 1 I—n-I and Loan Application
03-01-2006 Page 2