HomeMy WebLinkAboutR-2018-178 City Authorizing to Execute a Settlement Agreement Between Enviro Drill, Inc. & City for Emergency Repairs of a Damaged Gravity Sewer Line on an Alleyway Between SE 3rd Ave & SE 4th Ave RESOLUTION NO.2018-178
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICALS TO
EXECUTE A SETTLEMENT AGREEMENT BETWEEN ENVIRO DRILL,
INC. AND THE CITY FOR EMERGENCY REPAIRS OF A DAMAGED
GRAVITY SEWER LINE ON AN ALLEYWAY BETWEEN SOUTHEAST 3an
AVENUE AND SOUTHEAST 4TH AVENUE; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection (a), sets the monetary threshold at Twenty Five Thousand Dollars ($25,000.00) for a
vendor each fiscal year•, and
WHEREAS, in early 2017, Viking Utility ("Viking") entered into a construction
agreement with Novinium ("Novinium"), which is the master contractor for Florida Power and
Light Company ("FPL"), to perform utility work (the "Project") in a residential neighborhood
located in the City, between Southeast 3rd Avenue and Southeast 4th Avenue; and
WHEREAS, Viking also contracted directly with Enviro Drill, Inc. ("EDP') to perform
horizontal drilling work for the Project; and
WHEREAS, in early 2018, a machine operator who was employed by EDI drilled through
an underground manhole casing, causing damage to a gravity sewer line servicing the
neighborhood; and
WHEREAS,this incident was never reported to the City or to FPL; and
WHEREAS, for a period of more than six (6) months, the City has been actively looking
for an unexplained spike in sewer leaks and complaints from the residents in the neighborhood;
and
WHEREAS, the Public Services Department has discovered an unidentified utility line
within the sewer system which was determined to be owned by FPL; and
WHEREAS, EDI is insured by Valley Forge Insurance Company and has tendered the
City's claim to Valley Forge; and
WHEREAS, without admitting fault, EDI wishes to settle and resolve all existing claims
and potential claims associated with EDI's work on the Project; and
WHEREAS, funding for this repair will be paid by Valley Forge Insurance Company
though the insurance claim process; and
WHEREAS, the Mayor of the City has declared a public emergency to ensure the repairs
are expedited and negotiations with the best qualified firm available have been conducted (see
Florida Statutes, Section 284.055(9)(c)(6) and Section 255.0525(3) and(5);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to sign the
settlement agreement with EDI, a copy of which is attached as Exhibit "A" and made a part of
and incorporated into this Resolution by this reference.
Section 3. That the City Commission authorizes the automatic appropriation of the
insurance proceeds from the settlement agreement with EDI to fund the necessary repairs to the
proper Sewer Fund Repair and Maintenance Account#402-35-02-535-46-70.
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 become effective upon its passage and adoption.
PASSED and ADOPTED on December 11, 2018.
ATTEST: %A 8�C,q
THOMAS SCHNEIDER, CMC LOM fEWEfTEN
CITY CLERK �'� MAYOR
APPROVED AS T RM AND CO
1
TH MA . A BRO
CIT TORNEY
2 RESOLUTION#2018-178