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Home My Public Portal About10-8072 Atlas Packaging Sponsored by: City Manager Resolution No. 10-8072 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT OF ATLAS PACKAGING FOR THE DESIGN AND CONSTRUCTION OF PUMP STATION 14 TO EXTEND THE COMMENCEMENT DATE BY NINETY (90) DAYS AND INCREASE THE PROJECT COST BY $10,000; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pump Station 14 service area is under a building moratorium and Atlas Packaging has constructed a new facility, requiring connection to the station. WHEREAS, the City entered into a financial agreement with Atlas Packaging for the design and construction of Pump Station 14. WHEREAS, there have been unavoidable delays and increases in construction costs of the Pump Station, due primarily to permitting issues: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to extend the contract with Atlas Packaging for the design and construction of Pump Station 14 by ninety (90) days and increase the contract cost from $200,000 to $210,000. Resolution No. 10-8072 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 26th DAY OF May ; 1. � .... LLEY s n i lA O ' ? At •_ .. 1 i )1 Deborah S. Irby J4. •4h .:/Geller City Clerk y A orney s I Moved By: JOHNSON Seconded by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice Mayor Taylor: YES Mayor Kelley: YES 1456044 vl OQP-LOC-„4 O )°1 ' OO�p� o gY Memorandum TO: Mayor Joseph L.Kelley Vice-Mayor Myra L.Taylor Commissioner Timothy Holmes Commissioner , Dorothy Johnson C mmissio er Rose Tydus FROM: arance Pattef6n, Arty 4 anager DATE: May 17,2010 RE: Construction of Pump Station#14 Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AUTHORISING THE CITY MANAGER TO AMEND THE CONTRACT BETWEEN THE CITY OF OPA —LOCKA AND ATLAS PACKAGING INC. FOR THE DESIGN AND CONSTRUCTION OF PUMP STATION 14 TO EXTEND THE COMMENCEMENT DATE BY NINETY (90)DAYS AND INCREASE THE PROJECT COST BY$10,000. Description: The City of Opa-Locka entered into an agreement with Atlas Packaging for the design and construction of Pump Station 14 on November 19, 2009 to design and rehabilitate Pump Station 14. The terms of the agreement specify commencement of the work within 180 days of the agreement date for a contract sum of two hundred thousand dollars ($200,000). Financial Impact: Atlas Packaging is requesting that the City increase the contract cost by 5% ($10,000)to allow for the cost increase. Implementation Timeline: On DERM and City approval construction on the pump station will commence immediately. Legislative History: Ordinance 09-22 passed on November 12, 2009 authorizing the City to enter into an agreement with Atlas Packaging for the construction of Pump Station 14. Recommendation(s): Staff recommends approval. Analysis: Atlas Packaging has submitted engineering designs to Department of Environmental Resources Management (DERM) for permit approval.This review process which is not within the control of Atlas is still ongoing. As a result the contract period has extended beyond the stipulated 180 days. The extended period requested is ninety (90) days,by which time it is anticipated that the review would be completed. Four bids were received for the construction of the pump station. The lowest bid received was $198,720. This is in excess of the initial estimate of$186,000 construction cost. See contract breakdown below: 1 INITIAL CONTRACT COST: Design Cost $ 14,000 Construction Cost + $186,000 TOTAL = $200,000 ADJUSTED COSTS: Design Cost $ 14,000 Construction Cost $198.720 Total Cost - $212,720 Additional Cost: $12,720 City's contribution to additional cost: $10,000 Attachments: 1)Ordinance 09-22 2) Atlas Packaging,Inc Agreement 3)Atlas Packaging Change Order Request 4)Total of Four(4)Bids Procured by Atlas Packaging for Project PREPARED BY: Judeen Johnson END OF MEMORANDUM 2 ATLAS Packaging&Displays Dfferert by De gn Change Order Request Date: 05/0712010 Project Name: Wastewater Infrastructure Improvement"Pump Station 14" Contract Date: November 19,2009 Vendor Company Name: Atlas Packaging,Inc. Contact Name: Chip Miessner Telephone Number: 305-688-5096 E-mail Address: chjptiivlaspackaainginc.com Address: 13165 NW 38 Ave.,Opa Locker FL 33054 Change Requested By: Chip Miissner.President,Atlas Packaging,Inc. Requested Changes to Contract and Reason for Change: I. The contract requires that work commence within 180 days from the execution date (111912009). Work is defined in the contract when engineering drawings are submitted to the city for review an workmen are on site. Due to delays.primarily by PERM,the design phase has taken longer then expected and we are still in the approval process. While approval is imminent.it is not likely that we will have workers on site by 5119'2010(180 days). We are requesting a 90 day extension in the commencement date, 2. The maximum budget for the project in the contract is$200,000.00 including$14.000 allocated specifically for engineering and permitting fees. We have 4 bids on the project for 5299.356.$243,000,$229,726 and$198,720. The low bidder is a high quality contractor and we plan on contracting with them,however there is a budget shortfall. We are therefore requesting a 5%allowance be added to the budget to cover increased costs. Sincerely. („,(0 Chip Miessner President.Atlas Packaging Inc. 13165 Hw 38th Ave • Miami, FL 33054 PH 305 688 5096 • FAX 305 685 0843 •rww.atiaspackagittginc corn .. . 0 ...., 2// c .....-....---::::,-. r ._... (..?....E.......____ .)-- To:Cherokee Consulting Phone. (305)205-2361 Date 03/30/10 5821 SW 51°Ter . Fax Miami: FL 33155 IsoroceAattnet Job Name City of Opa Locke Pump Station I ... .... Proposal/Contract IIA.V.R.T.,Inc. proposes to furnish labor,equipment,and material necessary for construction of the renovations and additions to an existing pump station. All work will be constructed as shown on 1 plans drawn by Cherokee Consulting dated 1)10/10.A break down is attached for your review. Force Main 5299,356.00 • • Total $299,366.00 Note 1 Project will need the cooperation of the service provider :-.,. We propose hereby to furnish material and labor-complete in accordance with the above specifications.foi re,,..-1:-.• Two hundred Ninety-nine thousand Three hundred Fifty-six and 00/100 Dollars ($299,366.00) Payment to be made as follows_Billed on the 25th of the month,payment de by the 10th of the following month A service criage of 1 5%will be charged on at accounts over 30 days past doe AP costs incurred by MVRT,Inc for colledion of moneys owed shall be added to balance due rAcce' ptan:ce of Proposal • The above prices, 1 All material is guaranteed to be as specified Al work to be 7 spe3fications and conditions are satisfactory and are hereby I completed in a professional manner according to standard accepted You are authorized to do the work as specified practices Any aftefations. deviations of addelOns fto'n ! Payme pr nt oect plans or specifications vall involve extra costs and ! wit be make as otitinea above approval All agreements contingent upon strikes accidents ale: — ; or delays beyond our control ignature: I !Submitted by. - -1---44:,,, Rene VV.-- Note This proposal may be withdrawn by us if not accepted pate within 20 days ''-'—' -- 1 North Krome Ave Suite 100 Homestead, Fl. 33030 305-247-0833 fax 305-246-3022 , . . . . . . . e---,, ..,,' 0 _ 1 1 1 : 1 S ' I I ; 1 t ' 3 , 1 I 1 0 a. 7 I 1 CD < . . ci) 5 . . Gil g cl) > .5 W" .1 / 1 A z ■ .1. •.' 655t .126 156 16 1 9151s59i59S 8 11$ i z R ..5 e g i !V•.. ! 4.. . t 9 . F, w i rs . g11 E 1 , .$ 3 14 ,., i „ s6ssar i:1 - s sa 8 888g6 ;- 88, "" ' (4. 53 .97--, :._ A 2 '42 Si S SS888822Z2 — 22 1d . 22228gr-- 8 8838i8 888 8 $ 8 88888828158 :: 1:4 o 0 53 tl) t ) 1=I r a 30000C 03 a 2 I 3 coo ° soma oa i 1 I 11 •—• ■•■•■.- , • ROYS ENGINEERING H,INC. • 2825 W.78th St.,Unit 2 Walereh,Florida 33018 PHONE.'7E61 E39.06IIR • FAX:17fi61 E33 C633 OAK'. p .- ...�...�_.._.. 0651266ZAI 4 E+20C rJ•EROkEE C:ONS;ATAMS vv"«d`rr3.,e+ seat S WSI TERR CITY OP CPA t.00CA PAW ST A'3r..•4 W r 33,56 LEJEUNEaNO tn2S* OPA,OCKA.r aT-Tx. .(EN MArrt o,ARS RY CHEROKEE AAPS cow:.ATEST REVS ON 1.14% tes*WA, c'T.-RS,.!C-2 f"'"MAIN. S 24.000 t • P 4OON3;J r1 STATION 647 SQUARE vALVE vAULT PA:ACAQE ,r •,. E"a 82 POLYUNED CONVERT EX STATION TO MAN HOLE .NC..4QES FENCING tHO DRIVEWAY AROUND UFT 3TATyN • EMERGENCY PUMP OU'CONNECTION ELECTRICAL CONTROL PAW-■NS•A;LF.O YMTNN A•p,RA MUS C%THE STATION cJCCLuDES AL,-COSTS OR DEt'QS+'TS REC;ARIO By f33LFOR T-.EtR SERVY,ES PERMIT FEES GEICIMl EXCLUSIONS; 4W'O174•xwaeRMCRTFDiE3.Cx OAKS:EO, - R•:REBraUrd l tpl 1pno E,44.14 RM*IVVrc t[c4'ASIR A4EM • N[.OVf R4VAAWIWM 1Y44.' - I yn P1WWa3O CR1* -44. rl++'SOERY:t RES0:1 4t1 • RN>GziN1I3�,YY*RI'O t04 ryI.),ec.R,NO:le't* "RI W5 4.C.44Rt,A.RUMOURS%VS,r,,OR P-1RYirS,MN•FCOsS Ml'RLOCATOt4 PEMCWAL.OR ASAMDC■AIk,.T iX LAWtIW V33rW$II ,W 147,0M110 A/04* j Nn rr..ty✓OLr+4.41.0441r11 POMOt'4.OR RCS.I,M't.. NIS n,Be MAWR'SRS R1YIT.4S,,%E R1i 01.-K X.CA 52*vAr•LA CGM Met■ZOGNOS RM 'YR'Tr1Mt:SnA. L.GARS.. ITI YIN�i.•T'.?IY'YM &WI.S4I.SSIIlxn �r MS'WRY Il1R4 to dUt1CR RIINTORi't tNSr�.iANN6 CY M.44/5 ltiat iittq'SSI•: Nr+ROO+TWI..RLSA'. gaTOM Mw.,Rirtt.R*Cn¢rLRTY.e Y.o.11 I S ' So*.4wn,dYK" Jr, 'tag latct,t tent PLANS AND PROCESSING BY OTHERS. TWQ MU1Cy'CEC FORTY Y C't1r+kF laikl4AnN■ <-Y +_�.t WWI*Y RE01J1SiT1cN e.10 Olt 41 I ,+, sw «.ra.t1,M.Y1 Ri..wu Y..+ ! a.x.n, „K i.w vMw.. wM Ur nor w+WV'uan•.u•if..1,. r,... M, .,e so.u1 rx '.1.3 wax m n ..e"4•i.o iR.. I t.3n.' o 16,0 vs 11VCt 11..0.4 Va.,N.1,tW rat to 03 agottott u..3.r p,o.,t.«i.1>n..v!wJ.b oo.1.1,6t4W RWni :,,t.'d3C�nd,>ww+Maw..aw.w�...._.___•___._. ......_ .. .1 cr..c,..c+:+.WI*Ila Ix r. PROPOSAL ROSE ENGINEERING CONTRACTORS 8295 NW 93 Street. Medley, FL 33134 Tel. (305)885-9405 Fax (305-885-8287) g'akslproposaiu,palocka P,mp Sta.,on Proposal Date 04114110 Date 14-Apr-10 PROPOSAL SUBMITTED TO PHONE: 305-888-5096 Atlas Padcag rig&Displays FAX: 305-685-0843 STREET JOB NAME Opalocka Pump Station 14165 N 38 Ave LOCATION' NW Le Jeune&132nd.St CITY STATE,ZIP CODE Opabcka FL Miami,FL 33054 ATTN: Chi. chi. i .; �, ir- um •n Rose Engireenng Contractors proposes the following Pump Station Mobilization Wet well Valve vault New top for existing wet weN Pump package fnd.Access hatches and Control panel Electrical conduits from FPL transformer to new control panel Fill existing wet well and create new gravity invert New 10"&4"inch piping Sewage diversion Sheet piling Rerrove existing vegetation as needed to install new Improvements Off site disposal of excess spoils Asphalt drive 1"water service MOT Light on 8'light pole 8"x 8"tapping sleeve/valve instead of 8 x 90 bend 8"line stopper between existing station and new tapping sleeve Remove existing pumps,too slab Fence Hedge and sod As-builts This price assumes that the area is not in the footprint of the old dump site and that the sols are native to the area. Handling and disposal of arty burled man-made debris and/or contaminated sods NIC Permit fees MC No Bonding Lump sum price $ 198.720 00 Thttromas1 b poocItae 30 dam.froen the Pro tail Date'shown above- propose hereby to hrtrnsi:ieboi materats in 3rx4•Bence wrath the abcw specifit.Oro kit the sun or 5198,720.00 One Hunorea NineteyEight Thousand Seven Hundred Twenty Dollars and no Cents ACCEPTANCE OF PROPOSAL I aiH:,a iith:w11*coop 41.,Qt,ostryi•a,arms *.'i'.Aoa,in,,a se e.K.i,wc, c lino Ire!tell*,sooaotwe ?ou tot a4 o i t 4 to 10,:ateC.«'o. wni.dlso.'M�:zx:a .!!wid SFtethht Signature Date David Setter-Estimator Print Name Page 1 of 1 Ilownrite Engineering Corporation 4?41 SOUTt4WEST 143 COURT•NOM,FLO3IDA 33186• Pr1Or>rE 13051 232-2340•PAX ;3051256,1161 { PROPOSAL ¶w7t c�CW sd bie1ERS GROUPIMIKE UHRE 954.4104023 27•Apr-10 t1583 SAWORASS CORPORATE PARKWAY �OPA LOCKA PUMP STATION a 14 r. b:nc to r SUNRISE,FLORIDA 33166 m tg-ac jgriz k ttr_g!pap nil Page 1 or TTI Le Jeune(Dc 4as Connector Rd&t4W 132nd Street.Opa Lacica,FL DEMOLITION: QUANTITY WWM DESCRIPTION /2 LF Fence Removal 13 LF Pipe Removal 1 EA E+ectncat Service Removal 1 FA Remove Existing Lift Station Pipe&Pumps SUBTOTAL S 5009 86 PAVEMENT: QUANTITY (JIM OESCRiPTKW 50 SY 12"Stabilized Subgrade 50 SY F'Rock Base 50 SY 1 1 'Type 5-111 Asphalt 1 LS Survey SUBTOTAL S 1,987 48 FORCE MAIN: Otj&N11TY WM DESCRIPTION 240 IF 4"Forcemain DIP 240 LF Paint for Forcemain Pipe I EA tT-90 Bend w/Meg-A-Lug 2 EA 4-90 Bend w/Meg-A-Lug 1 EA 8"x 4°Reducer wI Meg-A-Lug 1 EA B'Sold Sleeve I EA Excavate&Conned 1 LS Su:vev&As Butts SUBTOTAL. S 12.411 13 • Ih.a..n-{�.•t:a;iu•r.-i.. I..ri.un..iun 0 Downrite Engineering Corporation uTitwFr t4.3 OUT 1.i. 1051232 2340•rX 30 ' PROPOSAL P*°°°clieti.ribitDERs GROUP/MIKE UHRE 5154.4104023 27-Apr.10 ',NH! 583 SAWGRASS CORPORATE PARKWAY roe,7.5,rd 1A LOCKA PUMP STATION s 14 CY t SUND151,1 ORIDA 33168 mut"reacatntalbundersf Duo net Page 2 of LIFT STATION: QUANTITY U1A DESCRIPT/C.A. 1 EA Lon Station 1 LS By-Pass Pumping 1 EA Pressure Wash Exist Wet Wel 1 EA Remove Existing Top Stab 1 EA Install New Top Stab WI Hatch 2 EA Coredrill Exist Manhole&Connect 12/14 1 EA Rebuild Exist Manhole invert 9 CY Flowable Fill 24 SY Base Restoration wI CLR 24 SY Pavement Restoration 1 LS Survey A As-Bunts SUBTOTAL. S 210.317 53 Dan no-Da. aginvvriss t areartn inn Iloivnrite Eligineering Corporation 4241 SOLiTi+\SEST ceit)A3318e•uHONf . .: 2340•e.x ter. PROPOSAL .# CAPITAL BUILDERS GROUP/MIKE UHRE ec9S4-410.4023 27-Apr-10 583 SAWGRASS CORPORATE PARKWAY OPA LOCKA PUMP STATION$14 SUNRISE,FLORIDA 33166 m t rea-cajt aityiklersorouc ngt Page 3+A' SUMMARY: DEMOLITION: S 5,009.66 PAVEMENT! S 1,987A8 FORCE MAIN: S 12,411.13 LIFT STATION' S 210.317 33 LUMP SUM: S 229.726.00 PLANS: By Cherokee Consulting,Inc Sheet 1 ai 3,no date,no revirons Sheet 2 of 3 dated 1/10/10,revised 1 14/09 Sheet 3 of 3,dated 1/10/10,revised 1)14109 NOTES. 1 Permit costs,bOnas,densities,proctors,impact lees,pod certification,nut included Aciust,remove,relocate,or hold existing utilities other than specifically noted not included 3 Removal or replacement of unsuitable materials or specal bedding due to Urtst4tabtes not included Removal or hauling of trash,debris,hazardous or expels matenats,not included E Bid predicated on Oownrite having a clear safe unobstructed wall area with no overhead hazards 6 F000tings walls,gates,stabs,fences,conduits.etc,not included 7 Traffic loos.srgnari cation work,street tights,conduits pull boxes,not irciucied 6 Brick pavers andrur turf block,paver bands colored concrete,not included a Ati T V'ing if required to be paid for by owner. 10 ,jfr Station unit price Includes water service and electrical service within 20'radius not included in proposal are generator Wog,generator,telemetry,RTU and SCADA. 10 Erosion control,sat fences,hay bales dust control,ponding water rainwater control,not included t 1 Any project Oct by ORE that has earthwork will be checked for the accuracy of the tops oefore tilting is started,if there are any changes,the owner wit be held responsible 12 Any increases rn material costs will be pail by owner,proper documentation shat:be submitted to born client and c 3nsuttant for approval an executed charge order to be required to any increases prior to the r Installation 13 Work not spedd ca'ty shown and priced on ORE proposal is not included 14 Night time or premium time work_police,h ghway patrol.iraflic police,not ncluded 15 D 0 T Permit if required,riot included 16 If this project is awarded to ORE,Auto CAOD tiles must ire provided poor to commencement of work 17 The hid proposal is good for 30 days only • 7hn�nriai•t usto•wrirrs I•N'f•utai ion �C v t"Reading: 10128!2009 2nd Reading 1 1/12/2009 _ Q Public Hearing 11/12/2009 Adopted: 11/12/2009 Effective Date: 11/1212009 Sponsor: City Manuel* ORDINANCE NO. 09-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ATLAS PACKAGING, INC. AND SHIELDS LLC FOR WASTEWATER INFRASTRUCTURE IMPROVEMENT RELATED TO THE REHABILITATION OF PUMP STATION NO. 14, AT A COST NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS 5200,000.00; PROVIDING FOR LNCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY;PROVIDLNG FOR AN EFFECTIVE DATE WHEREAS,the City of Opa-locka("City")is actively exploring all possibilities and the City Manager has tentative plans to address infrastructure repair and upgrades for the City's pump stations;and WHEREAS,Pump Station No. 14 is presently operating at capacity which makes it difficult to handle additional sewage flows from expanding or new businesses;and WHEREAS.Atlas Packaging,Inc and Shields LLC("Atlas"),have offered to rehabilitate the City's sewer Pump Station No. 14 in order to provide the needed capacity for their proposed facility expansion;and WHEREAS, Atlas has offered to rehabilitate Pump Station No. 14 prior to the city taking such action as a part of the City's Capital Improvement Plan;and WHEREAS,the estimated cost to fully rehabilitate Pump Station No. 14 is approximately Two Hundred Thousand Dollars(S200,000.00);and Ordinance No. 09-22 WHEREAS,Atlas has offered to initially pay the cost of the rehabilitation project and the City would reimburse Atlas for the costs of the project over a two(2)year period;and WHEREAS, the City Manager is recommending that the City Commission of the City of Opa-locka authorize the City Manager to enter into an agreement with Atlas for wastewater infrastructure improvements related to Pump Station No. 14;and WHEREAS, the City Manager recommends that this item not be procured as it is advantageous to pursue said agreement with Atlas and time is of the essence. THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS: Section I. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into an Agreement with Atlas Packaging, Inc. for wastewater infrastructure improvements related to the rehabilitation of Pump Station No.14,attached hereto as Exhibit"A",at a total future cost to the City not to exceed Two Hundred Thousand Dollars ($200,000.00)and payable over a two(2)year period, Section 3. All ordinances or Code provisions:in conflict herewith are hereby repealed. Section 4, tinny section,subsection,sentence,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate.distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall, upon adoption,become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. , . . Nue Ordinance No 0 9 2 2 PASSED AND ADOPTED this 12 day of NO_VEr03ER 2009 -111.11111r , .JOSEPH L. KELL V MAYOR Attest: Approved as to form and legal sufficiency: p7. ebord S.Irby Burnadette No is reeks City Cler City Attorney Moved by: HOLMES _ Seconded by: JOHNSON Commission Vote. 4-0 Commissioner liolines: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor. YES Mayor Kelley: YES o AGREEMENT FOR WASTEWATER INFRASTRUCTURE IMPROVEMENT "PUMP STATION 14" BETWEEN THE CITY OF OPA-LOCKA,FLORIDA AND ATLAS PACKAGING INC. AND SHIELDS LLC THIS AGREEMENT, made and entered into at the City of Opa-locka, Florida, this l t day of Vest Atv, 2009, by and between the City of Opa-locka, a political subdivision of the State of Florida,hereinafter described as the "CITY",whose mailing address is: 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 and Atlas Packaging Inc., a Florida corporation and Shields LLC, a Florida limited liability company hereinafter described as `ATLAS", whose mailing address is: I3163 NW 38 Avenue, Miami,Florida 33054-4530, WITNESSETH: WHEREAS, ATLAS desires water and sewer service to be rendered to certain property owned by ATLAS,and WHEREAS, the "CITY", operates the water and sewage systems owned by the CITY; WHEREAS, the CITY has a plan for making upgrades to its current water and sewage system;and WHEREAS, ATLAS desires that water and sewage system service be delivered more quickly to ATLAS than the CITY's current plan would allow. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: 1. ATLAS'PROPERTY. ATLAS owns a certain tract of land in Opa-locka,Florida, which is legally described in Exhibit "A" attached hereto and may be described herein as the "ATLAS' property". ATLAS has requested that the CITY render water and sewer service to the ATLAS' property and CITY agrees to do so • subject to the terms,covenants and conditions contained herein. 2 WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the CITY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver Page Z of!3 Vif./� 0 3. PROVISION OF SERVICE AND CONNECTION CHARGES. The CITY agrees to provide an adequate domestic water supply for the ATLAS' property and will receive and dispose of sewage from the ATLAS'property. ATLAS shall pay sewer connection charges for any improvements to be constructed and connected on property,subject to the limitations specified herein. The CITY shall waive or credit the (TTY's portion of water and sewer connection charges for any improvements to be constructed on the ATLAS property, and ATLAS shall be responsible for paying any water and sewer connection fees or charges imposed by Miami-Dade County. The connection charges shall be based on the average daily gallons for the new building space and/or use multiplied by applicable rates established by Miami Dade Counts'and the CITY. 4. POINTS OF CONNECTION. The CITY owns and operates a (12) inch water main on NW 38 Avenue from which ATLAS shall connect a new water service tine sufficient to provide domestic and fire protection as required pursuant to approved plans submitted to city and county,as applicable,and consistent with Public Works Department and industry standards.The CITY owns and operates an B inch sewer gravity main located in N.W 38 Avenue and abutting the entire northern boundary of the ATLAS' property,and discharging downstream into a regional sewage pumping station (Station #14), which is currently beyond capacity.Consequently in order to connect to the sewer,ATLAS agrees and shall assume full responsibility for the design, construction and installation of a replacement regional sewage pumping station (Station #14) pursuant to City, Local, State and Federal Standards to serve ATLAS' property. Other points of connection may be established subject to written approval of the CITY. 5. DESIGN AND CONSTRUCTION OF FACILITIES. ATLAS, at its own cost and expense,shall design,construct and install a regional sewage pumping station to replace the existing regional sewage pumping station #14 as provided for in this Agreement in accordance with the schedule of tasks and deliverables payments set forth in Exhibit"5"attached hereto. It shall also be ATLAS sole responsibility to obtain all required governmental approvals for the design, construction, installation and certification of said replacement regional sewage pumping station, including but not hunted to permits and building and inspection approvals. The final design and construction of the facilities shall meet the requirements set forth by the City, and all applicable Local, State and Federal Standards, subject to approval by the CITY. Should there be a requirement to rezone property to be used for the installation of the replacement regional sewage pumping station, then it shall be the CI`I 's responsibility to obtain the proper zoning approvals h. INSPECTION. The CITY shall have the right but not the obligation to make engineering inspections of all the construction work performed by ATLAS under ale±of i 3 �si 0 the terms of this Agreement. Such inspections shall not be construed to constitute any guarantee on the part of the CI I Y as to the quality and condition of materials and workmanship. Any inspections by the CiTY shall not relieve ATLAS of any responsibility for proper construction of said facility in accordarue with approved plans and specifications. Furthermore, any inspections by the CITY shall not relieve ATLAS of responsibility for the quality and condition of materials and workmanship. i. TESTS. During construction and at the time when various tests are required or requested by CITY, the CITY'S engineer or its authorized representative, together with ATLAS'engineer and contractor,shall jointly he present to witness tests for determination of conformance with approved plans and specifications. • ATLAS shall notify the CITY a minimum of twenty-four(24)hours in advance . of the tests, g. COMPLIANCE WITH ALL LAWS. ATLAS,at its own cost and expense. shall comply with all applicable laws. statutes, rules, and ordinances in carrying out the activities contemplated herein -1. CiTY AS PERMI7TEE. Certain federal, state and county agencies,including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the CITY be named as permittee for certain construction activities. ATLAS shall provide sufficient security as acceptable to the CITY which shall indemnify and protect the CITY from all claims,actions,judgments, liability, loss,cost and expense,including reasonable attorney's fees,related to work performed by ATLAS pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the CITY'S cost estimate for the permit work. ATLAS shall have sixty(60)days to resolve any claims by a permitter,otherwise ATLAS shall be entitled to pay said claims from the security ATLAS shall be liable for all costs in excess of the security 10. ALLOCATION OF CAPACITY. The CITY agrees to include the aforesaid allocation as a part of its local water supply and sanitary sewer system. However, it is mutually agreed and understood by the CITY and ATLAS that the allocation of capacity by the CITY does not guarantee the ability of the CITY to supply water for ATLAS' property or the ability to receive and dispose of sewage originating from ATLAS' property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction In connection therewith, ATLAS agrees that the CITY shall not be liable or in any way responsible for any costs, claims or tosses incurred by ATLAS as a result of actions by regulatory hodies,which are related to capacity allocation. -..7 kLa Nat 41 at t• 11. FACILITIES EASEMENTS. It it is determined that the replacement regional sewage pumping station contemplated herein requires additional area outside of the public right-of-way, then it shall be the CITY's sole responsibility to obtain the necessary additional property and or easements. This would include obtaining any temporary usage easements necessary for construction or material storage purposes. 12.SEWAGE PUMPING STATION JOINT USERS. It is agreed that the replacement regional sewage pumping station to be desigmed, constructed and installed to serve ATLAS' property may have capacity to serve properties other than ATLAS property. The CITY,upon completion of this pumping station by ATLAS, will reimburse the cost of the project not to exceed an amount of Two Hundred Thousand Dollars ($200,000.00), hereby referred to as the station budget. The station budget shall include engineering and surveying services as well as construction services. Engineering services shall be limited to designing the replacement regional sewage pumping station and calculating sewer flows for the contributing area and it will exclude any analysis of the CIPCs sewer infrastructure, The CITY shall furnish sufficient data (i.e. water meter readings, current and future property uses, etc.) for the purpose of determining the capacity of the replacement regional sewage pumping station. The project shall proceed in accordance with the schedule of tasks and deliverables set forth herein and in Exhibit "B" attached hereto. Upon approval of the construction plans by the CITY, .ATLAS shall obtain bids for the replacement regional sewage pumping station prior to proceeding with the Construction services. Should the bids received exceed the station budget,the CITY and ATLAS reserve the right lo either amend the station budget amount or cancel the upgrade. The CITY shall retain ownership of all plans, designs and construction documents for the • replacement regional sewage pumping station. Should the CITY cancel the replacement regional sewage pumping station project, ATLAS shall be reimbursed immediately for all engineering, surveying and plan review and permitting costs incurred during the design and plan approval process. Upon acceptance of the bid for Construction services by both the CITY and ATLAS, ATI.AS will proceed with the construction services. Upon completion of the replacement regional sewage pumping station, the CITY shall repay to ATLAS the station budget or amended station budget in two (2) payments. The first payment shall be one hall of the station budget or amended budget, not to exceed One Hundred Thousand Dollars (5100,000,00) and shall occur upon conveyance of the replacement regional sewage pumping station to the CITY by ATLAS The second payment shall occur one year after the conveyance of the replacement regional sewage pumping station, in an amount not to exceed One lhindred Thousand Dollars ($100,000.00). In the event that the CITY does not repay the station budget to ATLAS in full within twelve (12) months from the Pain 5 of I • . . . . • 0 0 • date of conveyance of the replacement regional sewage pumping station, the CITY shall pay ATLAS interest on the unpaid outstanding balance calculated at 0.5% percent over ATLAS's financing rate as locked in twelve(12 months after the date of conveyance with a readjustment every six (6) months thereafter. However, the station budget must be paid in full within twenty-four(24)months after the date of conveyance. 13. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the sewer facilities contemplated herein for CITY ownership, the CITY shall provide conveyance documents, which may include bills of sale, releases of lien, grants of easement, and warranty deed for execution by ATLAS. The properly executed documents shall be delivered to and accepted by the CITY prior to the rendition of sewer service by the CITY. ATLAS shall pay for all recording fees and for all • documentary stamps. These conveyances shall be accompanied by copies of paid bills and/or lien waivers, releases, or satisfactions from all persons who performed work on ATLAS' property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently. ATLAS shall furnish the CITY with one (1) set of as-built drawings showing specific locations and depths among other things,of all facilities as located by a licensed surveyor, along with four (4) prints of the as-built drawings which have been sealed by a surveyor and certified by the engineer of record as otherwise consistent with the City code, if applicable. Three (3) sets of the appropriate manuals for operation of any sewage pumping station and other mechanical and electrical equipment to be owned by the CITY along with three (3)certified surveys for the sewage pumping station site, after completion, shall also be included, in addition, a letter from Miami-Dade County Department of Environmental Management certifying the station will be required. Approval by the CITY of all required conveyance documents for the pump station, drawings and survey specified herein shall constitute final acceptance by the CITY of said faciliies. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the CITY and under the exclusive control and operation of the CITY 14. WARRANTY AND MAINTENANCE. ATLAS warrants that the replacement • regional sewage pumping station to be owned by the CITY shall be free from defects in materials and workmanship for a period of twelve (12) months from final acceptance by the CITY. Simultaneously with the conveyance Of the replacement regional sewage pumping station. ATLAS shall deliver to the CITY an executed maintenance bond, which guarantees the warranty. If it becomes necessary to repair and/or replace any of the replacement regional sewage pumping station during the initial one (1) rear period, then the warranty as to those items repaired and/or replaced shall continue to remain in effect for an additional period of twelve (12) months from the date of final acceptance by the CITY Of those repairs and/or replacement • Nge 1 • 0 0 15. TERM OF AGREEMENT. Both ATLAS and the CITY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if ATLAS fails to comply with any of the following conditions, where applicable: • After execution of this Agreement, work on the replacement regional sewage pumping station shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced and be in active progress when engineering drawings are submitted to the CiTY for review and approval,and upon the CITY'S issuance of said approval, a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the replacement regional sewage pumping station throughout the day on each full working day,weather permitting. • Once ATLAS commences work on the replacement regional sewage pumping station,said work cannot be suspended,abandoned,or not in active progress for a period exceeding one hundred eighty(180)days. • The remedies specified herein are cumulative with and supplemental to any other rights which the CITY may have pursuant to the law or any other provision of this Agreement. In. INDEMNIFICATION CLAUSE. ATLAS shall indemnify and hold harmless the CiTY and its officers, employees, attorneys, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Agreement by ATLAS or its employees, agents, servants, partners, • principals, contractors and/or subcontractors. ATLAS shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments. and attorneys fees which may issue thereon. ATLAS expressly' understands and agrees that any insurance protection required by this Agreement or otherwise provided by ATLAS shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. 17. FORCE MAIEURE. Should either party be prevented from performing any obligations herein, including but not limited to water and/or sewer service, due to or resulting from a force majored or inevitable accident or occurrence, such party shall he excused from performance. As used herein, force majeure shall o mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods,washouts,storms,hurricanes,fires, earthquakes, landslides, epidemics. explosions or other forces of nature. inevitable accidents or occurrences shall mean those which axe unpreventable by either party and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades. acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action,civil disturbances,explosions,conditions in federal,state,county • and local permits, bid protests, manufacturing and delivery delays,unknown or unanticipated soil, water or ground conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 18.USE OF FACILITIES BY CITY. The CITY reserves the right to make hull use of the water and/or sewer facilities to be owned by the CITY as contemplated herein to serve other customers at any time. 19.OPINION OF TITLE. With the execution of this Agreement,ATLAS at its own expense shall deliver to the CITY an opinion of title for ATLAS'property,issued by a qualified attorney licensed to practice law in the State of Florida, which states that ATLAS owns fee simple title to the property referred to herein. 20.ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service commitment provided for in this Agreement shall be transferred. assigned or otherwise conveyed to any other party without the express written consent of the CITY or its designee except as noted below. The consent of the CITY shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property. including but not limited to a bona fide purchaser,lessee, resident or occupant. The intent of this paragraph is to require consent of the CITY for assignments or transfers of and water and sewage disposal capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of ATLAS' property, so that the CITY can adequately determine the demand for water and sewage disposal capacity and plan for the fair and equitable allocation of water and sewage disposal capacity among users. If ATLAS` property is transferred or conveyed, ATLAS shall remain liable to the CITY for all sums of money and all obligations due hereunder unless released in writing by the CITY. 21. ENTIRF. AGREEMENT. This Agreement supersedes all previous agreements and representations,whether oral or written,between ATLAS and the CITY. Fe e8+:f i3 1 ,11u • • 22 NOTICE. All notice given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page two (2) of this Agreement or addresses otherwise properly furnished. D. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami-Dade County. Florida, for the particular purpose of placing all owners and occupants. their successors and assigns, upon notice of the provisions herein contain. ATLAS shall pay all recording fees. (This space intentionally left blank) SIGNATURFS AFFER THIS LINE 0 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CI1Y OF OPA-LOCKA ATTEST. BY: Deborah SIrby, ity Clerk J...-1..-Firane,Interim City Manager APPROVED AS TO FORM: Burnadette Norris-Weeks,City Attorney ci( Page if) A?" . ' 0 0 ATLAS PACKAGING,INC. WITNESSES: Atlas Packaging,Inc. . , . Authorized Representative , . R -\-- UA' 4. (-A-4,, ifS ‘,.,. 1)4',I) k) - /4.1,, 41.. , . SHIELDS LLC WITNESSES /1. Shields LLC Authorized Representative 1 ,F-k, 3N'.--4, , ATTEST: l, / e , Hit/ 4 ,-( - 1 0 1 . .......... AIIFST. ;1 A II or f i A IRI DA ) COUNTY OF MIAMI-DADE) BEFORE MEI an officer ci,utyauthonzed by al,v i„,,admintsteir tiaths anti lake acknowledgments, pemonally appeareii 41: i,'"t.-4 t s4 ",i ' I.„„c4..,.' ,of'; i t", .,15'3.,-a Honda corporation.and acknowledged executed the foregoing Agieenient as the proper official of ir 4';. ,,,0 I..(or the use and purposes mentioned tri it and affixed the official SCAt of the corporation.and that the irtsfrument is the act and deed of that corporation. IN WI)NF OF DE FOREGOING, I have set my hand and official seat at in the State and County aforesaid on this iliday of t .....„,2009 A NOTARY PUBLIC My Commission Expirtc it i..h:..,■"41 biers 1125/2011 /1/(1/:_ '■A, Norma wrote/AA* 0 Exhibit"As' Map and Description of Atlas ProN_rtv rage 2 :3 %.0( Pro»city Information Map 0 0 :'age I t 1 My Nome Miami-Dade County,Florida MIAMIDADE ' lam'da•e.goV 1111111111111111111111111.1111111111111111 1110 Property Information Map Summary Details: N, Far*"ic., i5.212.8.010-01'5 Prxerrr. 13166 NW 36 AVE IYiallag SHIELDS t I C Aderesx , 13165 14W 33 AVF DPA IOCKAit. 33054453„ Property PrOperLy Info,maUon: Pri.4,ary za-,e 400 INDUSTRIAL I PARK GIUC 0032 LIGH1 'ANtJFA'C'URIV;'• Bees:Baths NY0 F{awx, 1 ' Lhl 1.20r4..1.20r4.. .0 _ .^... ...... AOj 4FOQ{age:'21,031 II ! ,��. ~ r .f r Adi SAT '21 030 50 F7 DescLat'rca•BuK. 1861 '1,LEJEUNE- C jG:AS ±^ .. ., w«. 4 CeOai 0T 3 2LK.2:O7:0 1ZE �� 026 G6G0 3 CGC 20H r .+ r? Sato Information r i• ' '3 - _ ��,,4��, i, ,..+-.` i i ..7 a Seta O1R. 122040204 f all fer4 i ti 1` ;grim-'0. 1 " r- sate oats' 7,18541 1 k ff t t►"` Sate Amaafc L4450 00 x'" ' '` Assessmentlnfonnation: Ote O teoMotes'arer.2007 124 a 'fear. 2006 2027 Th s.nap wax 7eated ar'125,2003 A$3.21 PM WA rete.ara,a nf229es u,y 11449:g Vat 5347 1S347,6AC 93uYCrg VaM.,r 53417su YSa7,.z4[ Web Ere C 20022 Msaam-0224 C,2-dy.A}1Naas moaned Marks:Va2se. S1,244 508$783 140 sealed Vah.4 S1 244 500 5783 141 Taxable Value Information: iii Year. 2008 2007 A07 ea Ap00e0 Tung A-Jr.,;,y F.lit" 7 E°Tar P1',,Z'•' Oa rrnewe Taaue Vakoa vxab Re,44,0nra 31,0444.4450$04763,14' Cvrg $1 Q441.5 3 505783.'4, City 410` SC/733.141 $1 644,5:2 S»hAd Boaro' St.Clt'„rG0 ST4"dl'AC 4 L ' v 0 0 Exhibit"B" :Shedule Of tasks And Deliverables //c) 0 EXHIBIT°B" SCHEDULE OF TASKS&DELIVERABLES TASK 1 -DESIGN PHASE Atlas Packaging Inc, should cause for the proposed improvements under this agreement to be designed according to the all applicable Miami-Dade County and City of Opa-locka requirement.Copies of the construction documents should be submitted at 60% and 90% to..City staff for review and approval prior to submittal for permitting. At a minimum the design phase shall include the following: • Preliminary Engineering • Field Investigations • Existing Conditions Analysis • Survey • Basis of Design • Final Design The maximum disbursement under this phase shall not exceed 6% or 512,000.00 for reimbursement purposes. TASK 2-PERMITTING • Obtain all permit approvals from DERM and City of Opa-locka Building Dept tment An allowance of S 2000 is available under this task for reimbursement purposes. TASK 3-BID AND AWARD • Preparation of bid documents • Selection and award 01 contra(I At the completion of the bid process, prior to award and construction, Atlas Packaging inc. shall provide to City staff a minimum of 3 bids with attached project schedules for skti' .�u4