HomeMy WebLinkAboutR-2023-111 Aqua-Nautik Underwater Work LLC - Waypro Wastop Valve Installation (ITB No. 23-013)RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 23-013
"WAPRO WASTOP VALVE INSTALLATION" TO AQUA-NAUTIK
UNDERWATER WORK LLC; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has recently been installing Wapro WaStop Valves, which keep
water from backflowing through drainage outfall pipes from water bodies; and
WHEREAS, Wapro requires that the valves are installed by companies certified to install
their products; and
WHEREAS, the City advertised Invitation to Bid ("ITB") No. 23-013 "WAPRO
WASTOP Valve Installation" on July 26, 2023 and received one response to from Aqua-Nautik
Underwater -Work LLC; and
WHEREAS, the Bid Committee, Project Manager, Utilities Operations Manager and
Public Services Superintendent reviewed the bid response, and the Committee selected Aqua-
Nautik as a qualified, responsive bidder.
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 execute an
agreement with Aqua-Nautik for the installation of Wapro WaStop Valves, in accordance with the
itemized schedule of costs, a copy of which is attached as Exhibit "A" and made a part of and
incorporated into this Resolution by this reference.
Section 3. The funding for this installation is appropriated and available within the
Stormwater Fund Improvements other than Buildings Account No. 403-38-01-538-63-10.
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are repealed to the extent of such conflict.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 effective 10 days after passage.
PASSED AND ADOPTED on , 2023.
Motion by s( ;i `fie i , second by d �' w' ,
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
`S
ATTEST:
CITY CLERK
gob
ARCHIBALP J: RYA IV
HED MAYOR /
APPROVED AS TO FORM AND CORRECTNESS:
EV BOkJTSIS
CATTORNEY
2 RESOLUTION #2023-
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
AQUA-NAUTIK UNDERWATER WORK LLC, FOR THE INSTALLATION OF
WAYPRO WAYSTOP VALVES AS DESCRIBED IN CITY INVITATION TO
BID ("ITB") NO. 23-013 ENTITLED, "WAYPRO WASTOP VALVE
INSTALLATION".
This is an Agreement ("Agreement") dated , 2023, between the
City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of
business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Aqua-Nautik
Underwater Work LLC ("Contractor") a Florida limited liability company, whose local mailing
address is 5225 NW 351h Avenue, Fort Lauderdale, Florida 33309.
In consideration of the mutual covenants, terms and conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon, the parties agree to the following:
1. The City has determined that the installation of Waypro Waystop valves at the least cost to
the City is to award ITB No. 23-013 to Aqua-Nautik Underwater Work LLC, a copy of
which ITB is attached as Exhibit "A" and made a part of and is incorporated into this
Agreement by this reference.
2. The pricing per installation for various size valves are shown on the Contractor's Bid Form
which is attached as Exhibit `B" and are made a part of and are incorporated into this
Agreement by this reference.
3. Bankruptcy It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily
or involuntarily, then this Agreement shall terminate effective the date and at the time the
bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically
be in default of this Agreement and the provisions of Article 9 will be enforced at City's
discretion.
4. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies
that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and
that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the
City's option if Contractor is found to have submitted a false certification as provided under
subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised,
or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a
boycott of Israel.
5. Verification of Employment Eligibility. Contractor represents that Contractor and each
Subcontractor has registered with and uses the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Contractor
violates this section, Municipality may immediately terminate this Agreement for cause and
Contractor shall be liable for all costs incurred by Municipality due to the termination.
1
6. Sovereign Immunity Contractor acknowledges that the Florida Doctrine on Sovereign
Immunity bars all claims by Contractor against the Contractor other than claims arising out
of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not
assert any claims against the Contractor, unless the claim is based upon a breach by the
Contractor of this Agreement. Further, the Contractor recognizes the Contractor is a
sovereign with regulatory authority that it exercises for the health, safety, and welfare of the
public. This Agreement in no way estops or affects the Contractor' s exercise of that
regulatory authority. In addition, the Contractor retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The Contractor
acknowledges that it has no right and will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the Contractor of implied warranties or
representations not specifically set forth in this Agreement, as the parties stipulate that
there are no such implied warranties or representations of the Contractor. All
obligations of the Contractor are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Contractors, agents, or any Contractor employee; and
d. Claims based upon an alleged waiver of any of the terms of this Agreement unless
such waiver is in writing and signed by an authorized representative for the Contractor
and Contractor.
7. Financial Records. The Contractor shall maintain accurate and complete financial records
of its activities and operations relating to this Agreement in accordance with generally
accepted accounting principles. Contractor shall maintain adequate records to justify all
charges and costs incurred in performing the services for at least three (3) years after
completion of this Agreement. Contractor agrees that Contractor, or its authorized
representatives, shall have access to and the right to examine, audit, excerpt, copy or
transcribe any pertinent transaction, activity, or records relating to this Agreement during
normal business hours. All such materials shall be maintained by Contractor at a location in
Broward County, Florida; provided that if any such material is located outside Broward
County, then, at Contractor's option Contractor shall pay Contractor for travel, per diem,
and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such
material at such other location. Contractor shall make a reasonable effort to maintain the
confidentiality of such audit report( s).
8. That in all other respects, the terms of Exhibit "A" and Exhibit `B" apply to this
Agreement.
PA
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and
year first written above.
ELORA RIERA, MMC
CITY CLERK
APPROVED AS TO LEGAL FORM
AND CORRECTNESS;
EVE A. BOUTSIS, CITY ATTORNEY
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ARCHIBALD J. RYAN IV
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
WITNESSES:
Signature
PRINT Name
Signature
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
CONTRACTOR:
AQUA-NAUTIK UNDERWATER WORK
LLC, a Florida limited liability company
Signature
PRINT Name
Title
Dated: 2023
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, on 2023, by
as of Aqua-Nautik Underwater Work, LLC, a
Florida limited liability company. He/she is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
11
2
N
m
m
m
U)
0
0
0
0
0
O
O
O
O
0
0
O
M
m
m
1Z
r
r
r
O
O
O
O
O
O
O
O
N
c-
M
M
M
M
M
N
N
fV
N
a0
W
LD
N
N
N
N
N
N
1—
r
n
r
r
r
O
O
M
M
M
mM
4'
d'
d'
V,
Lri
L6
C6
C6
O
O
O
c0
O
O
O
fR
fR
b9
b9
ER
fA
f9
b9
EA
EA
EA
ER
ER
6FJ
G%
ffl
FR
EH
EA
yV
W
a
o
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
—
—
—
—
a
a
v
v
v
rn
rn
u
rn
w
w
w
w
N
N
N
N
rn
rn
o�
o�
C_
C_
G
C
Ln
lD
00
O
d'
O
to
N
00
V�^
�^
O
.
.
.
.
.
N
N
M
M
d'
d'
Ln
lD
r
kD
lD
lO
lD
A,
M
M
M
M
Y
Y
Y
[n
00
-q
O
tV
V
V1
tD
r
"
cv
m
v
v
D
r
oo
rn
o
N
m
vi
�D
r
ao
rn
o
F
Breakdown of the costs and anticipated time for delivery of service
The antici
Typ
Description
Installation of WaStop Check Valves
Incl. standard fittings
Installation Rate in$ --
Installation
Inspection 'i
Cleaning and,
Documentation
1
"$"
$1,408.75
$i 1,825.00
2
-10" ' -
$1,408.75
` $ 1,825.00
. 3
12"- ''
$ 1,408.75
i$ 1,825.00
4
14" , .
$ 1,408.75
$ 1,825.00
5
is" `
$1,408.75
$1,825.00
6
16" ``
$2,967.00
- - $1,825.00
7
18"
$ 2,967.00
$ 1,825.00
- 8
20"
$ 2,967.00
- $ 1,825.00
a 9
24"
$ 2,967.00
$ 1,825.00
10
30"
$ 3,933,00
$1,825.00
11
36"
$ 3,933.00
$ 1,825.00
12
42"
$ 6,210.00
$1,825.00
13
48"
$ 6,210.00
$1,825.00
14
54"
$ 8,452.50
$1,825.00
=15
60"
$ 8,452.50
$1,825,00
16
72"
$ 8,452.50
$ 1,825.00
17
48" (with 316 single flange)
$ 6,520,50
$1,825.00
18
54" (with 316 single flange)` :.
$ 8,875.13
$ 1,825.00-
19
60" (with 316 single flange) =
$ 8,875.13
20
72" (with 316 single flange) ;
$ 8,875,13
$1,825.00
the deliveryof the WAPro Wastop Valves