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Home My WebLink AboutR-2010-075 Change Order USSI Phase 2 RESOLUTION NO. 2010-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE FINAL CHANGE ORDERS RELATED TO THE EXISTING AGREEMENT WITH USSI, LLC F/K/A UTILITY SEALING SERVICES, INC. FOR THE INFILTRATION AND INFLOW PHASE 2 IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $15,925.41; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, pursuant to Resolution 2009-179, approved contracting with USSI, LLC f/k/a Utility Sealing Services, Inc. for the Infiltration and Inflow Phase 2 Improvement Project; and WHEREAS, additional work was performed that is not addressed in the original scope of work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a final change order relating to the existing Agreement with USSI, LLC f/k/a Utility Sealing Services, Inc. in an amount not to exceed $15,925.41, for additional work associated with the hnfiltration and Inflow Phase 2 Improvement Project. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the terms of such documents needed for the change orders as are deemed necessary and proper for the best interests of the City. Section 3. That the funding for this additional $15,925.41 shall be provided by a transfer of budget appropriations from Sewer Fund—Engineering Services #402-3502-535-3130 to the Sewer Capital Infiltration Project Phase 2 capital account # 402-3502-535-6310 - project code: SWINF2. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 11, 2010. elt C.K. MCELYE oQo�A�,s FIRScj, rr AYOR—COMMISSIONER ATTEST: _ oV LOUISE STILSON, CMC CITY CLERK , APPROVED \TO RM AND CORRECTNESS: TH MAS J. ANS CITY AT ORNEY 2 RESOLUTION#2010-075 Change Order #3 To: City of Dania Beach, Florida Project: City of Dania Beach Infiltration and Inflow Removal Phase 2 Contractor: USSI, LLC a Florida limited liability company Vk/a/ Utility Sealine Services, Inc. Dated: . 200 This Change Order will authorize the following change to the Agreement: The Work as set forth in the Agreement is amended to include the items set forth on Exhibit"A" attached and by this reference made a part of this document. This Change Order constitutes full, final, and complete authorization for compensation to the contractor for all costs, expenses, overhead, and profit and any and damages of every kind that the contractor may incur in connection with the above referenced change(s) in the Work, and any other effect on any of the Work under this Agreement. The Contractor acknowledges and agrees that (a) the Guaranteed Maximum Price of$112, 775.00 under the Agreement will be changed by this Change Order, and (b) the schedule for performance of Work will be changed by this change order. Contractor expressly waives any claims for any additional compensation, damages or time extensions in connection with the above-referenced change(s). Except as modified by this document, all terms of the Agreement shall remain in full force and effect and shall cover the performance of, and payment for, any work authorized under this document. Any defined terms not defined in this Change Order shall have the meanings set froth in the Agreement. By signing below the parties indicate acceptance of this Change Order as set forth in it. CONTRACTOR CITY OF DANIA BEACH, USSI, LLC. a Florida municipal corporation a Florida corporation B I By: Name:_ i( � P. Robert Baldwin, City Manager Title Authorized by action of City Commission of the City Of Dania Beach on 200_ Page 1 of2 Recommended: Project Manager Public Services Director, By:_ -By: ' �'� �� N ick Bloetscher,Ph.D., P.E. Do 'c F. Orlando,P.E. //�3/y„ � T' e:�-1 resident, PUMPS, Inc. Public Services Director i Page 2 of 2 Exhibit "A" The Scope of Work will be changed to include the following: 1. The footage to be "Smoked Tested"will be reduced to 177,067 from the original estimated footage of 200,000. The cost per foot to test: $0.23 Reduced cost per the reduced footage: $5,274.59 Reduced Cost for Smoke Testing: $5,274.59 2. For the 64 additional Cleanout Repairs, LDL Smart Plugs and Cleanout Caps, the increase costs will be amended as follows: Additional Cost per Cleanout Repair: $250.00 per unit Additional Cost per LDL Smart Plug: $76.25 per unit Additional Cost per Cleanout Cap: $ 5.00 per unit Total Cost per Cleanout Repair, LDL Smart Plug, and Cleanout Cap: $331.25 Cost Increase for 64 Repairs,LDL Smart Plugs,and Caps: 21,200.00 Increase Cost of City of Dania Beach Infiltration and Inflow Removal Phase 2 for the Additional Cleanout Repairs, LDL Smart Plugs, and Cleanout Caps (Less the Reduction in Cost for Smoke Testing) listed above: $15,925.41 USSI LLC 752 Commerce Drive #15 Venice, Florida 34292 December 29, 2009 Mr.Dominic Orlando Director of Public Services 100 West Dania Beach Boulevard Dania Beach,Florida 33004 RE: Change Order for project- City of Dania Beach Infiltration and Inflow Removal Phase 2 Mr.Orlando, Upon completion of the "Smoke Testing" phase of the above mentioned project it was revealed that the 200,000 linear feet allowed in the contract exceeded the actual footage of 177,067 by 22,933 feet. This reduction in footage has saved the city $5,274.59. However,it was also discovered that the number of broken cleanouts was more that the original estimate by 64 units. To properly complete the project and accomplish the project goals, the additional cost to supply and install the 64 units would be$21,200. 1 have attached a Change Order reflecting the results of the Smoke Testing. As we have discussed, the net effect of the attached Change Order would be an additional cost of$15,925.41. Dominic, if you have any questions, comments or wish to discuss the above recommendations, please call me at 888-645-9570,ext. 101. me ec1H lly, Lloyd I Wander Telephone: 941-926-2646 Toll Free: 888-645-9570 Fax: 941-926-8917 1 Change Order #2 To: City of Dania Beach, Florida Project: City of Dania Beach Infiltration and Inflow Removal Phase 2 Contractor: USSI, LLC a Florida limited liability company f/Wa/ Utility Sealing Services, Inc. Dated: . 200 This Change Order will authorize the following change to the Agreement: The Termination of the Agreement is amended as follows; • The termination date of the Agreement shall be October 5`h 2012. • The Owner shall have the right, with the Contractors consent,to renew this Agreement for an additional 3 years. There are no other changes to the agreement. This Change Order constitutes full, final, and complete authorization for compensation to the contractor for all costs, expenses, overhead, and profit and any and damages of every kind that the contractor may incur in connection with the above referenced change(s) in the Work, and any other effect on any of the Work under this Agreement. The Contractor acknowledges and agrees that (a) the Guaranteed Maximum Price of$112,875.00 under the Agreement will be unchanged by this Change Order, and (b) the schedule for performance of Work will be unchanged by this change order. Contractor expressly waives any claims for any additional compensation, damages or time extensions in connection with the above-referenced change(s). Except as modified by this document, all terms of the Agreement shall remain in full force and effect and shall cover the performance of, and payment for, any work authorized under this document. Any defined terms not defined in this Change Order shall have the meanings set froth in the Agreement. By signing below the parties indicate acceptance of this Change Order as set forth in it. - 1 - CONTRACTOR CITY OF DANIA BEACH, USSI, LLC. a Florida municipal corporation a Florida corporation By: By: Name: Luc} Anderlie RoberlrBaINMn, City Manager Title: Presi nt& C.E.O. Authorized by action of City Commission of the City Of Dania Beach on 1200_ 'J y�hU1�r0�S %4 1611k' Recommended: �J Project Man/age�r�� Public Services Director, By: By: Name- re oetscher,Ph.D., P.E. Domtfiic F. Orlando,P.E. �L/2 Zo 09 Ti r ent, PUMPS, Inc. Public Services Director / - 2 - AGREEMENT BETWEEN OWNER AND CONTRACTOR jTHIS IS AN AGREEMENT, entered into on OP-1a80� 6 , 2009 i BETWEEN the Owner: City of Dania Beach, Florida 100 West Dania Beach Blvd. Dania Beach, Florida 33004 and the Contractor: USSI, LLC, a Florida limited liability company f/k/a Utility Sealing Services, Inc. (Name and address) Attn: Mr. Lloyd J. Wander 752 Commerce Drive, Suite 15 Venice, Florida 34292 The Project is: City of Dania Beach Infiltration and Inflow Removal Phase 2 (Name and location) The project is located at: Throughout the City of Dania Beach The Owner and Contractor agree as follows: ARTICLE 1.0 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated in it. The Contract represents the entire and integrated agreement between the parties to it and supersedes prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be changed and are not subject to negotiation. ARTICLE 2.0 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows, if applicable: ARTICLE 3.0 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the Owner. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor's risk, and the Owner shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, Owner may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that Owner terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, Owner may terminate the Contract immediately, without providing an opportunity to cure. 3.2 The Contractor shall achieve Substantial Completion not later than One Hundred Twenty (120) calendar days, and Final Completion of the entire Work not later than One Hundred Fifty (150) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the Owner, subject to adjustments of this Contract Time as provided in the Contract Documents. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by Owner as a result of Contractor's failure to timely complete all Work required by the date set forth above, the amount of one tenth of one percent (0.10%) of the contract value, inclusive of adjustments, per day, but not less than Five Hundred Dollars ($500.00) per day, which amount has been agreed to by the parties, is considered to be Owner's liquidated damages, and it is not a penalty. It shall be assessed against the Contractor until substantial and final completion is achieved. 2 ARTICLE 4.0 CONTRACTSUM 4.1 The Owner shall pay the Contractor, for the Contractor's performance of the Work the Contract Sum not to exceed the amount of One Hundred Twelve Thousand Eight Hundred Seventy Five Dollars ($112,875.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Contract Documents. 4.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Sum shall be determined in one of the following ways at the Owner's option: (A) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved without additional fees. (B) By mutual acceptance of a lump sum price. ARTICLE 5.0 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Consultant by the Contractor and Certifications of Payment issued by the Consultant, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below, elsewhere in the Contract Documents and in accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from time to time, entitled the"Local Government Prompt Payment Act." 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Consultant may require. This Schedule, unless objected to by the Consultant, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.4 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 3 i 5.5 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: i (A) Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less reWnage of ten percent (10%) until fifty percent (50%) completion and after fifty percent (50%) completion, reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment. (B) Add that portion of the Contract Sum properly allocable to materials and equipment delivered and installed, less the applicable retainage. No sums shall be due for materials stored on or off site not yet installed. (C) Subtract the aggregate of previous payments made by the Owner; and (D) Subtract amounts, if any, which the Consultant has withheld or nullified. 5.6 Each Application for Payment after the first Application shall be accompanied by a Certification of Payment form, provided by the Owner, from the Contractor and each Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due payment. The Application for Payment for Retainage shall be accompanied by a final Certification of Payment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values. ARTICLE 6.0 FINAL PAYMENT 6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final payment and continues thereafter; and (2) a final Certification of Payment has been issued by the Consultant; such final payment shall be made by the Owner not more than 30 days after the issuance of the Consultant's final Certification of Payment, (3) final Certification of Payment has been furnished from the Contractor, Suppliers and Subcontractors; and (4)a Consent of Surety, if any, for final payment. ARTICLE 7.0 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or other Contract Documents, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 4 7.2 Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement. ARTICLE 8.0 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in the General Conditions. 8.2 The Work may be suspended by the Owner as provided in the General Conditions. ARTICLE 9.0 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplemental and other conditions of the Contract are those contained in the Contract Documents attached, plus 200 MB CD of photographs. 9.1.4 The Specifications are those contained in the Contract Documents listed in the Table of Contents. 9.1.5 The Drawings are , unless a different date is shown below: Drawings are listed in 00004. 9.1.6 The Addendum, if any, is in Section 00900 and summarized below: Number Date 9.1.6 The Certification of Payment forms and Project Closeout Forms are those contained in the Contract Documents. 5 _� iI 9.1.7 Other documents forming part of the Contract Documents are as follows: 00001 TITLE PAGE 00002 PROJECT DATA 00003 TABLE OF CONTENTS 00004 LIST OF DRAWINGS 00010 NOTICE TO BIDDERS 00020 NOTICE OF APPARENT LOW BIDDER 00100 INSTRUCTIONS TO BIDDERS 00200 GEOTECHNICAL REPORT—when applicable 00300 *BID FORM 00400 *INSURANCE AGENT STATEMENT 00410 *BID SECURITY FORM 00420 *CONTRACTOR'S SWORN QUALIFICATION STATEMENT 00430 *ACKNOWLEDGMENT OF INSPECTION 00440 *PUBLIC ENTITY CRIMES STATEMENT 00450 *NON-COLLUSION AFFIDAVIT 00460 *CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT 00470 *INDEPENDENCE AFFIDAVIT 00500 AGREEMENT BETWEEN OWNER & CONTRACTOR 00510 ACKNOWLEDGMENT IF INDIVIDUAL 00520 ACKNOWLEDGMENT IF PARTNERSHIP 00530 ACKNOWLEDGMENT IF CORPORATION 00600 PERFORMANCE BOND 00610 PAYMENT BOND 00620 CERTIFICATES)OF INSURANCE 00630 CONFORMANCE WITH OSHA STANDARDS 00640 HAZCOM TRAINING/INFORMATION 00700 GENERAL CONDITIONS 00800 SUPPLEMENTAL CONDITIONS 00900 ADDENDUM 00910 WARRANTY BOND 00920 CERTIFICATION OF PAYMENT AND PAY ESTIMATE APPROVAL FORM 00930 CERTIFICATION OF PAYMENT AND PARTIAL RELEASE OF CLAIM 00940 CERTIFICATION OF PAYMENT AND FINAL RELEASE OF CLAIM 00950 CONSENT OF SURETY 00960 PROJECT CLOSEOUT 00970 CLOSEOUT PACKAGE CHECKLIST NOTE:* Indicates sections (forms) requiring execution(signatures) to validate the bid or proposal. 6 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals effective the day and year written above. CITY: S Flu. c/ roP CITY OF DANIA BEACH, FLORIDA, a Florida Municipal Corporation ATTEST: 'ryA�C +`� obgrt aldwin, City Manager 04 f �� rr Louise Stilson, CMC City Clerk Approved For Form d Correctness Approved as to "Scope of Services" Thomas J. An r , 22i'—mc F. Orlan o, P.E. City Attorney Director of Public Services 9 D 2009 2009 7 WITNESSES: CONTRACTOR: USSI, LLC,a Florida limited liability company EWa UTILITY SEALING SERVICES, INC. Signature 1 Signat e }�t o �� W Lq:: Q 1Ct Pi✓�i P� PRINT Name PRINT NAme /�C i ature Title J tb L'g Print Name (CORPORATE SEAL IF APPLICABLE) STATE OF FLORIDA COUNTY OF Ka .suaa The foregoing instrument was acknowledged before me on Sept, Q 9ta 2009, by Lo ? tanuA. a as Presidenl- of tjssz LL(. a ylar ob a corporation, on behalf of the corporation. He/she is ersonav known to me r has produced_ 1� as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: 3_ii. �o,u wcNo 10N L,ajtKpuw as Nh '°�'�1aawo END OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 8 ACORD CERTIFICATE OF LIABILITY INSURANCE 09/17/z2009 PRODUCER (941)923-1218 FAX (941)923-1765 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Valek Insurance and Bonds, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 20709 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2079 Constitution Blvd. Sarasota, FL 34231 INSURERS AFFORDING COVERAGE NAIC N INSURED USSI, LLC INSURERA: FOCI Commercial Insurance Co. 7S2 Commerce Drive INSURER B: Suite 15 INSURER C: Venice, FL 34292 INSURER D: INSURER EOVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE UMITS SHOMM MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POUDY NUMBER POUCYEFFECTYE POLICY EIONRATOR UNITS IN& GENERALUABIUTY CL0004615 4 09/06/2009 09/06/2010 EACH OCCURRENCE $ 1,000, X COMMERCIALGENERALUAELITY DAMAGE TO RENTED S 100 CLAIMS MADE aOCCUR MED EXP(Arty..PRion) $ S A PERSONALBAIWNJURY $ I.GOO.0001 GENERALAGGREGATE 1 2,000,000 OENLAGGREGATEUMIT APPUES PER'. PRODUCTS AGO S 2,000,00 X POLIDr JEC' LOC AUTOMOSILELAS UTY CA 0007842 3 09/06/2009 09/06/2010 i COMBINEDSINGLE LINT $ X ANYAUTO (EAx ftM) 1,000,00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pw pawn) S A HIRED AUTOS BODILY IN) F NON-0WNEO AUTO aidMS)(Per a PROPERTY DAMAGE S (PAremIOe,X) GARAGE LABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGO $ EXCESSN A MBREL LIANUTY EACH OCCURRENCE $ OCCUR CVJMS MADE AGGREGATE S S DEOUCTNLE S RETENTION S S WORKERS COMPENSATION ANDLIMITS E EMPLOYERC LUUMUtt ANY PROPRIETORIPARTNEWEXECUTNE E.L.EACH ACCIDENT $ OFFICERIMEMSER EXCLUDED? EL.DISEASE-EA EMPLOYE S UXEkE tleEMESUMN CIALPROVISIONSWe E.L.DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROASMNS II RTIFICATE HOLDER CANCELLATION I SHOULD ANY W THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXTIRATION DATE THEREOF,THE ISSUING INSURER MI-L ENDEAVOR TO MAIL 0 DAYS WRnTEN NOTNCE TO THE CMnFIDATE HOLDER NAMED TO THE LEFT, The City of Dania Beach BUT FAILURE TO MAIL SUCH NOTICE MAU IMPOSE NO OBLIGATION OR UABRUTf 100 W Dania Beach Blvd OF ANY NND UPON TOE INSURER,In AGENTS OR REPRESENTATIVES. Dania Beach, FL 33004 AYTHORVEO REPRESENTATIVE James Valek ACORD Y6(2001I08) FAX: (954)923-1109 GACORD CORPORATION 1988 I