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HomeMy WebLinkAboutReso 2010-1572 RESOLUTION NO. 2010 - I 5 '7 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH F. A. JOHNSON, INC. FOR THE CLEANING OF STORM WATER DRAINS AND CA TCH BASINS AND JETTING OF LINES THROUGHOUT THE CITY, IN AN AMOUNT OF NINETEEN THOUSAND NINE HUNDRED FIFTY DOLLARS ($19,950.00) FOR ONE YEAR WITH OPTION TO RENEW FOR AN ADDITIONAL THREE (3) ONE-YEAR TERMS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of cleaning its storm water drains and catch basins and jetting the lines throughout the City to prepare for hurricane season, and to meet the requirements of the State Department of Environmental Protection; and WHEREAS, the City solicited written quotes from three vendors including the City's current contractor, Shenandoah Construction Company, of which F. A. Johnson, Inc. was the lowest responsive responsible bid; and WHEREAS, F. A. Johnson, Inc. has provided a proposal for these services, and F. A. Johnson, Inc. is qualified, willing and able to provide the desired services; and WHEREAS, the City wishes to enter into an Agreement with F. A. Johnson, Inc. to advise and assist with storm d~ain cleaning and jetting within the City, in the amount of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00) for one year with an option to renew for an additional three (3) one-year terms, as set forth in Exhibit "A", attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Approval of Agreement. The Agreement with F. A. Johnson, Inc. for the cleaning of storm water drains and jetting of lines, in an amount of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00) for one year with an option to renew for an additional three (3) one- year terms, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Contractor's Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Contractor's Agreement. R201O- Storm Drain Cleaning & Jetting of Lines Page 1 of 2 SIB Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 th day of June 2010. ATTEST: ~A-~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LE L UF ICIENCY: City Attorney Vote: 6...0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl R2010- Storm Drain Cleaning & Jetting of Lines Moved by: Seconded by: v V (Yes) (Yes) (Yes) (Yes) (Yes) (No) (No) (No) (No) (No) 1...... V V Page 2 of 2 CITY OF SUNNY ISLES BEACH AGREEMENT WITH F. A. JOHNSON, INC. CONTRACT NO. C0910-047 THIS AGREEMENT, entered into this (11If day of -JvJ6 2010, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and F. A. JOHNSON, INC. a Florida corporation, d/b/a Johnson Environmental Services authorized to do business in the State of Florida (hereinafter referred to as the "Consultant"), whose federal tax identification number is 5'1. osq~~~fo WHEREAS, the City in need of storm drain & catch basin cleaning and the jetting of lines located throughout the City ("Services"); and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" in an amount not to exceed Nineteen Thousand Nine Hundred and Fifty Dollars ($19,950.00). NOW THERFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Contractor shall perform the following Services more particularly described in shown in Exhibit "A" attached hereto and made a part hereof: a. Catch Basin Structure Cleaning. b. Drainage Pipe Cleaning. c. Disposal. d. The total price for these services shall not exceed NINETEEN THOUSAND NINE HUNDRED FIFTY DOLLARS ($19,950.00). 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 12 hereunder, the term of this Agreement shall commence upon execution of this Agreement by both parties and shall continue for one (1) year thereafter. This term may be extended for three (3) optional one (1) year terms. Each one (1) year optional term must be exercised by the City thirty (30) days before expiration of the current term. During this three year term, the Contractor agrees to provide the same unit pricing to the City as set forth in attached Exhibit "A". Agreement SIB - City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 4. DATE OF COMPLETION: Contractor agrees to complete the Services described in Exhibit "A" within thirty (30) days from the issuance date of a Notice to Proceed from the City. 5. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other additional charges, if not properly included on this final invoice are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. LIQUIDATED DAMAGES: The Services shall be completed no later than the Date of Completion specified in Paragraph 4 above. Upon failure of Contractor to achieve completion of the Services by the Date of Completion, plus approved time extensions (if applicable), the Contractor shall pay to the City the sum of Five Hundred Dollars ($500.00) for each calendar day after the Date of Completion. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of Agreement 2 S\B City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax damages that will be sustained by the City as a consequence of such delay, and both parties desire to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 7. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon Ten (10) days written notice to Contractor. Upon termination, the City may re- bid the project if the Contractor fails to perform under this Agreement due to the undisclosed conditions. 8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City, Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. Except as expressly provided for in this Agreement, Contractor is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Contractor's relations with sub- Contractors, or in any other manner whatsoever. 9. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance -- including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. o Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. Agreement 3 S\R City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 10. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Contractor and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Contractor shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the Agreement 4 SIR City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 11. INDEMNIFICATION. Contractor agrees to defend indemnify and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to this agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 12. TERMINATION. a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub- Contractor[ s]) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 10 herein. 11. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: 1. Stop work on the date and to the extent specified. Agreement 5 ~ .\ In , City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed provided that the Contractor is given ten (10) days notice. The provisions of paragraph 12(a)(i) - (iii) shall apply in the event of such termination. c. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 14. TIME OF COMPLETION. The services to be rendered by the Contractor shall be commenced upon execution of this contract and shall be completed within the time specified in Exhibit "A", if any time is indicated. A reasonable extension of time shall be granted in the event the work of the Contractor is delayed or prevented by the City or by circumstances beyond the reasonable control of the Contractor including weather conditions of acts of God which render the performance of the Contractor's duty impracticable. 15. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 16. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the Agreement 6 ,~ I.? City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. 17. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Jorge Vera, Asst. City Manager, telephone number 305/947-0606. Contractor shall not respond to requests for services under this Agreement unless the request is received directly from Jorge Vera, Asst. City Manager, or designated personnel. Any requests received from other City departments/divisions shall be referred to the City Manager's Department representative designated above. Services performed without authorization by Jorge Vera, Asst. City Manager, shall be considered unauthorized and shall not be compensated/paid by the City. 18. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 19. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidentiaL" As a violation by the Contractor ofthe provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 20. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to Rick Conner, City Manager, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if intended for Contractor, shall be addressed to F.A. Johnson, Inc., 4700 Powerline Road, Oakland Park, Florida 33309, Attention: Pete Cameron. Telephone: (954) 776-5931; Fax: (305) 776-5955. 21. GOVERNING LAW. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any Agreement 7 SIR - City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 22. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 23. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because ofrace, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 24. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 25. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto 26 ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 27 AMENDMENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement 8 SIn City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. WITNESSES: ~J~ Signature R CC/lIn~IUN Print Name WITNESSES: ~~_G0 ignature ../ :TIS. CCi~.lj"() It Print Name ATTEST: CITY OF SUNNY ISLES BEACH '~~~AL Jane A. Hines, CMC, City Clerk ./ Agreement 9 C'I[J .., I .. Owner/Agent: Mailing Address: City/State/Zip: Job Address: F. A. Johnson, Inc. dba Johnson Environmental Services Certified Underground Utility and Excavation Contract Certified General Contractor 4700 Powerline Road - Oakland Park, FL 33309 Phone: (954)776-5931 Fax: (954)776-5955 Drainage Cleaning Agreement City of Sunny Isles Beach Date: 5/612010 18070 Collins Avenue Telephone: 305- Sunny Isles Beach, FL 33160 18070 Collins Avenue - Sunny Isles Beach, FL 33160 Description of Work: The purpose of this instrument is to establish unit pricing for catch basin structure cleaning, drainage pipe cleaning and disposal of debris and wastewater from the drainage system. Rate Total $ 25.00 $ 6,250.00 $ 5.00 $12,500.00 $ 200.00 $ 1,200.00 TOTAL $19,950.00 to be charged at the same rates per catch basin structure, pipe cleaning and disposal as listed above, with a $500.00 minimum. Prices listed do not include video inspection of pipes, pipe repairs, structures repairs, asphalt/road repairs, dewatering, descaling, root cutting or barnacle removal. If any additional services are requested, we will provide a separate price for approval. The unit prices offered above are valid for a one-year contract term, with option to renew for an additional-M, one-year terms. I he... Oft;on """..5+ be. e)(~ ....c.~s.e.~-\-, b~ "7 /JJ.n.. -t\\'{'I<L. TERMS: NET 30 Days (,.t "& '"'30 "'~ I'UQ -ke~~ It is understood and agreed as follows: That this work shall comply with all laws, codes and regulations, that the purchaser is either the owner or is the agent for e~fJ'C,i the owner of the premises where the work is to be performed; that the purchaser is liable for all damages to underground objects unless said objects are identified and located by sketch upon this instrument; that title to all of said materials, whether installed or not, shall remain with F. A. Johnson, Inc. until fully 1\ f''' paid for, that immediately upon delivery of said materials or any portion of the installation of same, the purchaser shall be liable for all damages or injuries resulting to or from their presence upon the premises, excepting only injury to the vendor or his employees; that in the event this contract is placed in the hands of an attorney to enforce any of its tenns or collect any of the monies due, whether by suit or demand, purchaser agrees to pay a reasonable attorney fees plus all costs and expenses resulting therefrom, plus interest thereon at the highest legal rate until paid in full; that fulfillment of this contract is contingent upon there being no strikes or delays of any kind beyond the vendor's control; and that no other agreement, guarantee or warranty, written or verbal, expressed or implied, sl Listed below are the estimated quantities as were provided to us. These totals represent the annual cleaning of the entire drainage system in the City. Upon our first annual cleaning, we will update and verifty these quantities utilizing an aerial map of the City. If the total quantity is higher or lower than supplied to us, we will make the adjustments in total price based on the unit prices listed below. If the total dollar amount exceeds the listed amount of$19,950.00, we will request approval from the City to proceed prior to exceeding this dollar amount. Item Catch Basin Structure Cleaning - per Box Drainage Pipe Cleaning - per Foot Disposal - per Load Estimated Quantity 250.00 2500.00 6.00 Emergency or Non-Emergency Call Out Owner/Agent: City of Sunny Isles Beach Vendor: F. A. Johnson, Inc. Accepted by: (Print Name) Sign: Offered by: Pete Cameron (Print Name) Sign: S "1.1 Date: Date: Page 1 of 1 ATTACHMENT "A" ... MEMORANDUM To: Honorable Mayor and Commissioners From: Rick Conner, City Manager Date: June 17, 2010 Copy To: Jane Hines, City Clerk Subject: Additional Agenda Information During the Commission Workshop yesterday, question arose on two of the items. Hopefully the additional information below will provide the necessary answers. Item 10-D The bulk of the additional services requested of BHA were changes made on the Central Island Project were for engineering design services and CEI (Construction Engineering and Inspection) relating to the additional three boxes and extended piping placed at the North Bay and 183rd Street area, to electrical items (that saved good deal in construction costs), and some minor traffic control modifications. Also included in this change order is the cost of the CEI services for the 183rd Street Streetscape Improvement Project. Item 1 O-E The three quotes for the Stormwater System Maintenance Contract are as follows: F.A. Johnson Incorporated Shenandoah Construction Environmental Performance Systems $19,950.00 $24,475.00 $44,000.00 Please feel free to let us know if you have any further questions. ~It~'IOb+l~ Date 1.0 - \ ,-.:J 0 ... F. A. Johnson, Inc. dba Johnson Environmental Services Certified Underground Utility and Excavation Contract Certified General Contractor 4700 Powerline Road - Oakland Park, FL 33309 Phone: (954)776-5931 Fax: (954)776-5955 Drainage Cleaning Agreement Owner/Agent: Mailing Address: City/State/Zip: Job Address: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 18070 Collins Avenue - Sunny Isles Beach, FL 33160 Date: Telephone: 5/612010 305- Description of Work: The purpose of this instrument is to establish unit pricing for catch basin structure cleaning, drainage pipe cleaning and disposal of debris and wastewater from the drainage system. Item Estimated Quantity Rate Total Catch Basin Structure Cleaning - per Box $ 250.00 $ 25.00 $ 6,250.00 Drainage Pipe Cleaning - per Foot $2,500.00 $ 5.00 $12,500.00 Disposal - per Load $ 6.00 $ 200.00 $ 1,200.00 Prices listed do not include video inspection of pipes, pipe repairs, structures repairs, asphalt/road repairs, dewatering, descaling, root cutting or barnacle removal. If any additional services are requested, we will provide a separate price for approval. This price offer is valid for up to 36 months. Total Price $ 19,950.00 TERMS: NET 30 Days It is understood and agreed as follows: That this work shall comply with all laws, codes and regulations, that the purchaser is either the owner or is the agent for the owner of the premises where the work is to be performed; that the purchaser is liable for all damages to underground objects unless said objects are identified and located by sketch upon this instrument; that title to all of said materials, whether installed or not, shall remain with F. A. Johnson, Inc. until fully paid for, that immediately upon delivery of said materials or any portion of the installation of same, the purchaser shall be liable for all damages or injuries resulting to or from their presence upon the premises, excepting only injury to the vendor or his employees; that in the event this contract is placed in the hands of an attorney to enforce any of its terms or collect any of the monies due, whether by suit or demand, purchaser agrees to pay a reasonable attorney fees plus all costs and expenses resulting therefrom, plus interest thereon at the highest legal rate until paid in full; that fulfillment of this contract is contingent upon there being no strikes or delays of any kind beyond the vendor's control; and that no other agreement, guarantee or warranty, written or verbal, expressed or implied, shall limit or qualify the terms of this contract. Owner/Agent: City of Sunny Isles Beach Vendor: F. A. Johnson, Inc. Accepted by: (Print Name) Sign: Offered by: (Print Name) Sign: Pete Cameron Date: Date: A~~ ~""l..(O Page 1 of 1 Date ... 03/11/2010 15:17 8548758718 SHEHAHDOAH #8777 P. 002/002 JSHEN A~~s~u~! 1 .1888 N.W. nnd Street . Pompano Beach, FL 33069' (954) 975-0098 Fax: (9~4) 975-9718 DATE: SUBMITTED TO: STREET: CITY, STATE & ZIP: ~HONE: FAX: JOB LOCATION: ATTENTION: March 11,2010 Sunny Isles Beach, City of 18070 Collins Ave Sunny isles beach, FL 33160 (305)94 7.0606 (305) 192~1614 Cleaning & Jetting of Storm Drains & Basins Marlin Martel PROPOSAL #21204 We l'ropose (0 furnish a crew and all necessary equipment to clean approximately 250 storm drains and jet clean approximately 2,500 linear feet of outfall lines, at the above mentioned job location. This wo:rk will be performed at our following hourly and/or unit prices: Clean Storm Drains / Catch Basin Jet Clean of Outfall Lines Disposal of Material Fee Estimated Total: (at $75.00 Each) (at $3.25 Per L.F.) (at $225.00 Per Load) 200 Each 2500 L.F. 6 Load(s) $15,000.00 $8,125.00 $1,350.00 $24,475.00 NOTE: Prices do not include MOT Or TV inspection. All debris will be disposed of at an authorized disposal facility. The above prices are for a 3 year consecutive contract. This proposal includes removal of all loose debris from the Structures and the pipes (excluding hazardous waste). However, we are not responsible for problems occurring during or after cleaning due to pre-existing condition, original installation or design. This proposal may be Withdrawn if not accepted within 30 days. Payment terms net 30 days. All material is guaranteed to be as specified. All work (0 be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can &ffect the lllnount of time to complete the work, therefOre increasing or decreasing estimate. AU agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to cany fire, tornado and other necessary insurance. Our workers are ftd1y covered by Workman's Compensation Insurance. SIGNATURE; ._ DaIUty lJllAAID. SHENANDOAH GENERAL CONSTRUCTION CO. Danny DiMura, Vice President TITLE Estimator DATE 03/11/2010 RB: _S2_ ACCEPTANCE OF PROPOSAL / SIGN & RETURN '!be above prices, specification and conditions are satisfactory and are hereby accepted. You arc authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRBSENTATNE: DATE: TITLE: ... ENVIRONMENTAL PERFORMANCE SYSTEMS, INC. 12650 N.W. SOUTH RIVER DRIVE MEDLEY, FL 33175 DATE PHONE # 7:~6-337-7000 FAX #786-337-7001 PROPOSAL # 4/22/2010 2010-062 E-MAII.EPS6077@AOL.COM SUBMITTED TO PROJECT CITY OF SYNNY ISLES BEACH 18070 COLLINS AVE. SUNNY ISLES BEACH, FL 33160 ITEM DESCRIPTION QTY LF/HRS TOTAL 000 WE HEREBY PROPOSE TO PROVIDE THE FOLLOWING SERVICES: 000 JET CLEAN AND VACUUM THE FOLLOWING STORM DRAIN STRUCTURES 0.00 AND OUTFALL PIPE LINES 1 250 STORM DRAINS CATCH BASINS 250 31,250.00 2 2500 LF OF OUTFALL LINES 2,500 11,250.00 3 DISPOSE APPROXIMA TEL Y SIX LOADS OF SILT AND DEBRIS YEARLY 1,500.00 TOTAL $44,000.00 GENERAL CONTRACTOR TO PROVIDE:ALL PERMITS, ACCESS,METERS,POLLUTION/EROSION CONTROL DEVICES, TRAFFIC CONTROL,W A TER & DUMPSITE TO COMPLETE THE ABOVE NEW PIPE VIDEO & PIPE DESIL TING OPERATIONS. NOTE:ALL WASH WATER WILL BE DISCHARGED BACK INTO THE SYSTEM IF UNACCEPTABLE THE GENERAL CONTRACTOR WILL HAVE TO PROVIDE EPS, INC SITE. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL WORK WILL BE ACCOMPLISHED IN A PROFESSIONAL MANNER. ANY AL TERA TION OF DEBIA TION FROM ABOVE SPECIFICATIONS WILL BE EXECUTED ONL Y UPON WRITTEN ORDER.ALL AGREEMENTS ARE CONTINGENT UPON STRIKES. ACCIDENTS OR DELAYS BEYOND OUR CONTROL. THIS PROPOSAL IS SUBJECT TO ACCEPTANCE WITHIN 30 CALENDAR DAYS & VOID THEREAFTER. PAYMENTS ARE MADE NET 30 DAYS. 1.5% FINANCE CHARGE PER MONTH ON INVOICES PAST DUE DATE. CUSTOMER SIGNA TUREIDA TE AUTHORIZED SIGNATUREIDATE Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jorge L. Vera, Assistant City Manager?Service Division DATE: 6/17/2010 RE: Cleaning of Storm Water Drains and Catch Basins RECOMMENDATION: Staff recommends approval of the attached resolution. REASONS: On a yearly basis the cleaning of the storm water drains, catch basins and jetting of lines is done throughout the City in preparation for the hurricane season as well as to meet the requirements of the State Department of Environmental Protection. The City solicited written quotes from 3 vendors including the current contractor Shenandoah Construction Company which is providing this service to the City. Of the 3 contractors, F.A. Johnson Inc. was the lowest responsive responsible bidder. The City wishes to enter into an agreemnt with F.A. Johnson, Inc. to perform the cleaning of storm drains, catch basins and jetting of lines throughout the City. for an amount not to exceed $19,950.00. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=283 &MeetingID=O&MeetingDate... 6/1112010