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RESOLUTION NO. 62-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
AGREEMENT BETWEEN U.S. ENVIRONMENTAL GROUP, INC. AND THE
CITY OF DANIA BEACH FOR PROVIDING ALL MATERIAL, EQUIPMENT
AND LABOR TO PERFORM ALL WORK NECESSARY TO COMPLETE
THE "UPGRADE UNDERGROUND FUEL STORAGE TANKS" PROJECT;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT WITH THIS RESOLUTION ARE REPEALED TO EXTENT OF
SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, THAT:
SECTION 1: That certain Agreement between the City of Dania Beach and U.S.
Environmental Group, Inc., providing all material, equipment and labor to perform all work
necessary to complete the "Upgrade Underground Fuel Storage Tanks' project, in
substantial form as Exhibit "A", attached, is approved and the appropriate City Officials are
authorized to execute it.
SECTION 2: That certain Agreement between the City of Dania Beach and U.S.
Environmental Group, Inc. shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED this 13t"day of Aprilj&91
—COMMISSIONER
ROLL CALL:
ATTES 4L ///lam MAYOR BERTINO-YES
SHERYL CHAPMAN l VICE-MAYOR McELYEA -YES
ACTING CITY CLERK COMMISSIONER ETLING-YES
COMMISSIONER CALI -YES
COMMISSIONER MIKES -YES
APPROVED AS TO FORM AND CORRECTNESS:
By
TH M J:ANSBR0
CITY ATTORNEY
RESOLUTION NO. 62-99
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DOCUMENT 00500
AGREEMENT
day of
THIS AGREEMENT, made and entere into on the
d
and between the City of Dania Beach,
Owner, and U.S. ENVIRONMENTAL GROUP INC.
Florida, hereinafter called the
hereinafter called the Contractor.
WITNESSETH:
1 . That the Contractor, for the consideration hereafter fully set out, hereby
agrees with the Owner as follows:
That the Contractor shall furnish all the material, equipment and
labor to perform all the work necessary to complete the
"Upgrade Underground Fuel Storage Tanks" contract for the
City of Dania Beach, Florida, all in full and complete accordance
to the preceding Contract Documents, which are attached
hereto and made a part thereof, as if fully contained herein;
Advertisement for Bids; Instructions to Bidders; General
Conditions, supplementary Conditions, Addenda,
Construction Drawings and Specifications; the Proposal
and acceptance thereof.
2. That the Contractor shall commence the work performed under this
Agreement on a date to be specified in a written order by the Owner and
shall fully complete all work within sixty days (60 days) from said date.
3. That the Owner hereby agrees to pay to the Contractor for the faithful
performance of this Agreement, subject to additions and deductions as
provided in the Specifications or Proposal, in lawful money of the United
usand four hundred thirty-five Dollars
States, the amount of Nineteen tho
and no cents ($19 435.00) based on the estimated quantities and unit, or
lump sum prices contained herein.
4. That the Owner, within thirty (30) days from the day an Engineer's approved
Application for Payment is presented to him, will pay the Contractor the
amount approved by the Engineer.
5. Partial payment shall be made on the basis of work performed during the
preceding calendar month, less ten percent (10%) of the amount of such
estimate, which is to be retained by the Owner until all work within a
particular part has been performed strictly in accordance with this Agreement
and until such work has been accepted by the Owner. pp
Febl99
00500-1 98-1 030
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6. That upon submission by the Contractor of evidence satisfactory to the
Owner that all payrolls, material bills, and other costs incurred by the
Contractor in connection.with the construction of the work have been paid in
full, final payment on account of this Agreement shall be made within thirty
(30) days after the completion by the Contractor of all work covered by this
Agreement and the acceptance of such work by the Owner.
7. It is mutually agreed between the parties hereto that time is the essence of
this Contract, and in the event construction of the work is not completed
within the time herein specified, it is agreed that from the compensation
otherwise to be paid to the Contractor, the Owner 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 Owner is
denied full Beneficial Occupancy of the utility, which sum shall represent the
actual damages which the Owner will have sustained per day by failure of
the Contractor to complete the work within the time stipulated, and this sum
is not a penalty, being the liquidated damages the Owner will have sustained
in the event of such default by the Contractor.
8. It is further mutually agreed between the parties hereto that if, at any time
after the execution of the Agreement and the Surety Bond hereto attached
for its faithful performance and payment, the Owner shall deem the surety or
sureties upon such bond to be unsatisfactory or if, for any reason, such bond
ceases to be adequate to cover the performance of the work, the Contractor
shall, replace the Surety at its expense, within five days after the receipt of
notice from such form and amount and with such surety or sureties as shall
be satisfactory from the Owner. In such event, no further payment to the
Contractor shall be deemed to be due under this Agreement until such new
or additional security for the faithful performance of the work shall be
furnished in a manner and form satisfactory to the Owner.
9. The rate of wages for all laborers, mechanics, and apprentices employed by
the Contractor or any Subcontractor on the work covered by this Contract
shall not be less than the prevailing rates of wages for similar skills or
classifications.
10. No additional work or extras shall be performed unless the same shall be duly
authorized by appropriate action of the Owner.
11 . That in the event either party brings suit for enforcement of this agreement,
the prevailing party shall be entitled to attorney's fees and court costs in
addition to any other remedy afforded by law.
12. The Contractor shall guarantee the complete project against poor
workmanship and faulty materials for a period of twelve (12) months after
final payment and shall immediately correct any defects which may appear
during this period upon notification by the Owner or the Engineer.
Feb/99 00500-2 98-1030
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13. The making and acceptance of the final payment shall constitute a waiver of
all claims by the Owner other than those arising from unsettled liens, from
faulty work appearing within twelve (12) months after final payment, or from
requirements of the specifications. It shall also constitute a waiver of all
claims by the Contractor, except those previously made and still unsettled.
14. The Contractor may requisition payments for work completed during the
project at monthly intervals. The Contractor's requisition shall show a
complete breakdown of the project components, the quantities completed
and the amount due, together with such supporting evidence as may be
required by the Engineer. Each requisition shall be submitted in quintuplet to
the Engineer for approval. Ten percent (10%) of all monies earned by the
Contractor shall be retained by the Owner until the project is totally
completed as specified, and accepted.
Feb/99 00500-3 98-1030
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day first written above, in TWQNR thlptsk ( sik2 ) counterparts, each of which
shall without proof or accounting for the other counterpart be deemed an original
Contract.
U.S. Environmental Group, Inc . WITNESS:
CONTRACTOR
BY
TITLE
DATE:
OWNER
CITY OF DANIA B CH, A Florida ATTEST:
Municip tion
ertino theryl Ch pman
ayor Acting City Clerk
f;4 (Seal)
rMic m APPROVED AS TO FORM AND
Cit M nag r CORRECTNESS:
DATE: April 27, 1999 1
). J, -
Thoma An bro
City Attorney, City of Dania Beach
Commission Approved: April 13, 1999
Date
ContractAmount: $ 19,435.00
END OF DOCUMENT
Feb/99 00500-4 98-1030
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The City or Dania Beach is taking,bids for upgrading the utiderpround fuel storage tanks(USTs)at 1201
Stirling Road.
SCOPE OF WORK
1. Prepare plans with sufficient detail to obtain permits for the Department of Natural Resource
Protection(DNRP)to perform the work.
2. Install new!:"black steel supply and I"black steel return piping within 3"fiberglass secondary
containment piping front the existing UST to the existing generator. Approximately 250 linear feet.
City will excavate;rea and backtill same.
3. Furnish and install four(4)fiberglass piping sumps to terminate secondary piping at USTs.
4. Furnish and install two(2)OPW-1 spill containment buckets on existing USTs.
5. Disconnect electrical to two(2)existing dispensers;remote existing dispensers;furnish and install two
(2) fiberglass dispenser sumps;reconnect dispensers and electrical.
G. Cap existing fuel piping to generator.
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CITY OF DANIA BEACH
BID FORM
FOR UPGRADING UNDERGROUND FUEL STORAGE TANKS
LOCATED AT 1201 STIRLING ROAD, DANIA BEACH, FLORIDA
CONTRACTOR: U. S. Environmental Group, Inc.
ADDRESS: 2301 N.W. 33rd Court, Suite 115
Pompano Beach, FL 33069
PHONE: (954 ) 979-3400
FAX: (954 ) 979-2111
IN ACCORDANCE WITH INVITATION TO BID TITLED "UPGRADING
UNDERGROUND FUEL STORAGE TANKS (USTS)" ATTACHED HERETO, THE
UNDERSIGNED PROPOSES TO COMPLETE THE PROJECT FOR THE FOLLOWING
AMOUNT:
TOTAL AMOUNT $ $ 19,435.00 (nineteen thousand, four
hundred thirty five dollars)
Todd L. Sacks
Name of authoriz d officer
Signature of authorized officer
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LICENSE W.
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OMPlINO BEACH FL 330f 4 TO PUBLIC VIEWATBUSINESSLOCATION
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CURRENT LICENSING AND INSURANCE
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ST,vrE OF FLORIDA
BOARD OF PROFESSIONAL ENGINEERS
1208 Hayes Street
Tallahassee. FL 32301
Kelly Scott Winslow
5451 PINE TREE RD
POMPANO BEACH, FL 33067-0000
DETACH HERE
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Keft ;Scoitll srow
EXPIRATION: FEB 28, 2001 P.E. NUMBER: 42810
DISPLAY AS REQUIRED BY LAW
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICENSING BOARD (904) 727-6530
'�., ✓ 7960 ARLINGTON EXPRESSWAY
SUITE 300
JACKSONVILLE FL 32211-7467
WINSLOW, KELLY SCOTT
U S ENVIRONMENTAL GROUP INC
2301 NW 33RD CT
SUITE 115
POMPANO BEACH FL 33069
STATE OF FLORIDAazm AC# 518517
EPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
PC —0056524-06/25LL998 9790415
CERT POLLUTANT STORAGE-SYS CONT
WINSLOW, KELLY SCOTT
U S ENVIRONMENT_AL'"- GROUP INC
IS CERTIFIED under Mepwvwomot Ch. 489
Expiration oats: AUG 31, 2000
DETACH HERE
AC# 5185176 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICENSING BOARD
t ' LICENSE NBR
1.06/25/1998 97904155 IPC —0056524
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EllPhUNIIIIIIII AUG 31, 2000
'LOW, KELLY SCOTT
( ENVIRONMENTAL GROUP INC
NW 33RD CT
SUITE 115
POMPANO BEACH FL 33069
LAWTON CHILES DISPLAY AS REQUIRED BY LAW RICHARD T. FARRELL
GOVERNOR SECRETARY
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ACORD .CERTIFICATE OF LIABILI.TY:INSURQNCE Rsue:.
.. USENP-1 06102199
NaOuctA I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Naug9hton Insurance SNCG., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2700 Box 1028tp Blvd. N Bldg-B HOLDER.THIS CERTIFICATE DOES NOT AME 4D,EJttEND OR
P.O. Box 10287 ALTER THE COVERAGE AFFORDED BY THE F OLICIES BELOW.
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904-448-9777 P.A N.. A Cigna Insurance Compaly
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US Environmental Group, Inc. COMPANY
U,S Petroleula Construction C United National Insurance Co.
2301 NW 33rd Court, Ste 115 —
PCUII Beach FL 33069 COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD
INDICATED.NOTWITHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPE:T TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEO BY—FE POLICIES DESCRIBED HEREIN IS SUBJECT TO Al THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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AGENDA REQUEST FORM t
CITY OF DANIA
Agenda Date: 04.23-99 Agenda Item If:
11
Title:
UPGRADE UNDERGROUND FUEL STORAGE TANKS
Requested Action:
Award Bid to U. S. Environmental Group, Inc. for the sum of$19,435.00.
Summary Explanation & Background:
We are required to upgrade our fuel pumps and piping by the DNRP.
Exhibits(List):
Scope of work.
Purchasing Approval:
Prepared By:
Bud Palm
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
2i;-�9Al1 i:% RCVD
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U S. ENVIRONMENTAL GROUP INC. `
IiNVIRONMI N'I'Al.I'.NGINEI?RING/CONSULTING/CONSTRUCTION/ASIO' I'OS/LEAD
May 3, 1999
Ms. Charlene Johnson
Deputy City Clerk
City of Dania
100 W, Dania Beach Boulevard
Dania, FL 33004
Re: Resolution No. 62-99
Upgrade Underground Storage Tanks
1201 Stirling Road
Dania Beach, FL
Dear Ms. Johnson:
Enclosed, please find a signed copy of the contract for U.S. Environmental Group, Inc (USEG)
to perform this work. We would like to make a change to item 2 of the contract concerning
the timeframe for the completion of the work. Since the actual field work can not begin until
permits are approved by all agencies and the City performs trenching and concrete removal,
USEG requests that the 60 day timeframe not begin until those two things are completed.
In addition, during a meeting between USEG personnel and City personnel on March 24,
1999, it was discussed that a separate purchase order would be issued for the Broward
County permit fees (approximately $250.00) and the required Tank Closure Assessment
Report ($700.00) which were not included in the invitation to bid. We just want to be sure
that the City has allowed for these items.
We would like to incorporate this letter into the contract as Exhibit "B", if possible. Please
feel free to call myself or Kelly S. Winslow at (954) 979-3400 with any questions or
comments.
c
Business Manager
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CITY OF DANIA BEACH
MEMORANDUM
Via E-Mail
TO: CHARLENE JOHNSON, Deputy City Clerk
COPY: BUD PALM, Utilities Director
FROM: THOMAS J. ANSBRO, City Attorney
DATE: MAY 10, 1999
RE: CONTRACT FOR UPGRADING OF UNDERGROUND STORAGE TANKS;
MAY 3, 1999 AGREEMENT BETWEEN CITY AND U.S. ENVIRONMENTAL
GROUP, INC. ("USEG") COMPLETION TIME FRAME
Pursuant to the May 3, 1999 letter sent to you by the USEG Business Manager, Mr. Sacks,
please confirm with Bud Palm that the request is reasonable as to the commencement of
the sixty (60) day time frame. If so, there is no need to amend the Agreement. The
request can be granted or honored by holding in abeyance the issuance of the "written
order' (mentioned in paragraph 2, page 1, of the agreement; in effect, it is a "Notice to
Proceed") until the "actual field work" (mentioned in Mr. Sacks' letter) can begin. In
practical effect, the City would issue the "order' after all agencies' permits are approved
and the City site preparation work is completed.
The second matter, regarding the permit fees, does not appear to be an issue, in light of
the City's participation in the March 24, 1999 meeting mentioned by Mr. Sacks. Typically,
the City has been paying outside agencies' permit fees, if and when they have been
imposed on the City.
Lastly, Mr. Sacks' letter cannot now be attached as an exhibit"B" unless there is a need
to amend the agreement to provide for that action. It appears in light of the foregoing to
be unnecessary to do so.
If there are any other questions, please contact me.
TJA/nd
GAWPFILESICLIENTSIDANIAIGROWrH MGMTIUTILITIES&PUBLIC WORMUSEG.M01
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