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HomeMy Public PortalAbout13-8517 Change Order for Atlas Packaging, Inc for Additional work Completed at Pump Station 14 Sponsored by: City Manager RESOLUTION NO. 13-8517 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A CHANGE ORDER FOR ATLAS PACKAGING, INC., FOR ADDITIONAL WORK COMPLETED AT PUMP STATION 14, DUE TO UNFORSEEN CONDITIONS, IN AN AMOUNT NOT TO EXCEED $30,000.00, TO BE ISSUED UPON FINAL RELEASE OF LIEN OF PUMP STATION 14, PAYABLE FROM ACCOUNT 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the original design for Pump Station 14 was based on the flow data provided by the City to the Engineer of Record; and WHEREAS, the pumps selected were based on the City-provided design flow data, which proved to be inadequate due to undocumented flow and other unforeseen conditions; and WHEREAS, Pump Station 14 needed modification, as it was determined after installing the wet well, that the flows were excessive and needed to be modified to comply with DERM standards; and WHEREAS, the additional work was performed, and the cost thereof was negotiated, and Atlas Packaging Inc., agreed to accept a Change Order in the amount of Thirty Thousand ($30,000), approximately two-thirds of what was originally requested.. 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 Commission of the City of Opa-locka hereby approves the Change Order negotiated with Atlas Packaging, Inc., for additional work on Pump Station 14, in Resolution No. 13-8517 an amount not to exceed $30,000.00, to be issued upon final release of lien of Pump Station 14, payable from Account 35-535630. Section 3 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of January, 2013. 1 ai ir RA ,AYLOR MAYOR Attest to: t t I I anna Flores •ity Clerk Approved as to form and legal sufficiency: á1IL,aA .�. gig /_ . A Josl . o7er it. Cit tto ey Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES C O 9 ,0 %kir--•;#. 0," City of Opa4Locka Agenda Cover Memo Commission Meeting 01/09/2013 Item Type: Resolution Ordinance Othei 1 v Date: (EnterXin box) I Fiscal Impact: Ordinance Reading: Ist Reading 2nd Reading (EnterXin box) (es No (EnterXin box) x Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No 35-535630 (EnterXin box) X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (EnterXin box) Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational n Bus. &Economic Dev 0 Will resolve the payment Public Safety L_:, issues with Atlas Packaging, Quality of Education 0 Inc. Qual.of Life&City image FIA Conununcation 0 Sponsor Name Department: City Manager Public Works Short Title: Change Order for Atlas Packaging for Pump Station 14 Staff Summary: At the completion of the construction Atlas Packaging requested for a change order in the amount not to exceed forty six thousand dollars ($46,000.00) for the additional work at the station due to unforeseen conditions at the station. A negotiation meeting was held with Atlas Packaging and a change order for thirty thousand ($30,000.00) dollars was settled. Proposed Action: L Staff recommends approval in order to resolve the payments issues for Atlas Packaging, Inc. City has received a letter from Hydra Services that Rose Engineering Contractors owes them $30,000. Rose Engineering Contractors was hired by Atlas Packaging for the rehabilitation of pump station 14. The check in the amount of$30,000.00 will not be issued to Atlas Packaging, Inc. without final release of lien from Hydra Services, Inc. Attachment: 1. Agenda 2. Contract 3. Meeting Minutes 4. Change Order Request by Atlas Packaging 5. Special Invoice 6. Copy of Resolution 11-8254 fTt 411a L. o ih 9pOpA-( 0° Memorandum To: Mayor Myra L. Taylor Vice Mayor Joseph L. Kel e Commissioner Tim ihy Hol s 1 Commissioner Doro by Joh n ' Commissioner Luis E San, i g 1 �� - ) I:s. . FROM: Kelvin L. Baker, City Manage DATE: December 18,2012 RE: Change Order for Atlas Packaging for Pump Station 14 Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, REQUESTING APPROVAL OF THE CHANGE ORDER FOR ATLAS PACKAGING, INC. FOR THE ADDITIONAL WORK COMPLETED AT PUMP STATION 14 IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000.00) PAYABLE FROM ACCOUNT NO. 35-535630. THE CHANGE ORDER IS FOR ADDITIONAL WORK DUE TO UNFORSEEN CONDITIONS AT THE STATION. THE CHECK IN THE AMOUNT OF $30,000.00 WILL BE ISSUED UPON RECEIPT OF FINAL RELEASE OF LIEN FOR PUMP STATION 14. Description: The City of Opa-locka was rehabilitating Pump Station (PS) 14 since September/October 2010. After the new wet well was installed (February 2011) the flows to the station were found to be excessive and the original design had to be modified to comply with DERM's standards. The original design was based on the flow data provided by the City to the Engineer of Record and during construction it was discovered that the flow data provided by the city was significantly lower than the actual flow into the station. As the pump was selected based on the city provided design flow data the pump capacity was inadequate and the station failed to handle the actual flow. Also during the construction phase it was observed that there was high strength sewer as well as undocumented sewer flows into the gravity system being served by PS 14. This caused additional problems during the construction phase (pumps damaged beyond repair from high strength sewer), overflows of the station (failed pumps & excess unaccounted sewer flow).This resulted to stop the construction and temporary by-pass system was installed to keep the station in operation. The engineer of record was assisted by the city engineer for the accurate design flow and calculations to select the appropriate pumps for the station. The new calculations required station upgrade for more capacity and required an additional funding of $198,097.58. During the redesign process Republic Metal Corporation submitted plans for expansion (the addition of a building with a projected workforce of 100 people) and requested connection to the City's sewer system. In order to upgrade of PS 14 Republic Metal contributed $198,097.58 for the construction completion by teaming up with Atlas Packaging, Inc. Upon the actual flow determination the upgrade to the station was completed and the station was certified C.O.Pump Station#14 Page 1 to be placed into service, and the station was accepted by DERV. At the completion of the construction Atlas Packaging requested for a change order in the amount not to exceed forty six thousand dollars ($46,000.00) for the additional work at the station due to unforeseen conditions at the station. A negotiation meeting was held with Atlas Packaging and a change order for thirty thousand ($30,000.00) dollars was settled. Account Number: 35-535630 Financial Impact: $30,000 Implementation Time Line: As soon as possible. Legislative History: Resolution 11-8254 Recommendation(s): Staff recommends approval in order to resolve the payments issues for Atlas Packaging, Inc. City has received a letter from Hydra Services that Rose Engineering Contractors owes them $30,000. Rose Engineering Contractors was hired by Atlas Packaging for the rehabilitation of pump station 14. The check in the amount of$30,000.00 will not be issued to Atlas Packaging, Inc. without final release of lien from Hydra Services, Inc. Analysis: Lift station 14 was designed by the Cherokee Consulting, Inc. being funded by Atlas Packaging, Inc. per agreement with a condition to be reimbursed from the City of Opa-Locka in the future. City provided required pump capacity data to the design consulting firm per the contract agreement with Atlas Packaging Inc. The selected pump based on the City provided data was not sufficient to handle the flow at the station and this caused the engineer of record and the City to reevaluate the pump strength and wet well capacity that was previously designed for station 14. The other pump stations discharging into station 14 and also force main network from station 14 were not provided to the design engineer by the City Staff due to lack of information and inaccurate Sewer Atlas. A complete reevaluation of the flow data and also comprehensive analysis of the sewer network was made to address the design flow, head loss and proper pump selection to resolve the pump station 14 design and construction issues. As a result the design flow had to increase by 100%+/- . The most challenging part was to increase wet well capacity as it was completed by interconnecting the old and the new wet wells at the bottom. The existing 4" force main (20'+/- ) along with valves box and fitting upgrades from 4" to 8" were completed as was required due to station capacity increase. An air release valve was also installed due to unforeseen vertical drop of the existing force main from the station. Please see below the summary of costs and payments Summary of cost: 1. Original Contract Amount $210,000.00 a. Rose Engineering contract $198,720.00 b. Cherokee Consulting Fees $13,800.00 c. Permitting fees $2,000.00 C.O. Pump Station#14 -..W. ._. ,. ... .. ..... _Page 2 d. Miscellaneous fees $480.00 e. Credit for early distribution of funds (-$2,000.00) 2. Increase in Construction Cost Contributed by Republic Metals: $198,097.58 a. Flow Monitoring (instrument recording device) $19,950.00 b. Existing Force Main System Evaluation $3,500.00 c. New& Existing Wet Well Interconnection (redesign phase) $61,890.00 d. Pumps, Control Panel & Electric Upgrade (redesign phase) $112,757.58 3. Change Orders (requested alter completion of project) $45,064.04 Description Cost Comment Removal of vegetation and dead trees requested by $2,127.00 Initial Phase the City after the start of construction Relocation of an existing fire hydrant requested by $768.00 Initial Phase the City after the start of construction Site excavation to hand dig around existing $1,659.00 Initial Phase underground utilities that were not a part of the original design Repair of existing force main connection $3,169.00 City's as-built information was wrong Submersible pump damaged by high strength sewer $9,590.00 12 11(irr I 11()1 1.)1,-111 Maintain pump station during repair of damaged $17,265.86 Rai t I ,, force main, pump failure (initial construction phase), determination of excess sewer flows, pump out wet well and transport wastewater to City approved discharge point to eliminate sewer overflows during the aforementioned conditions Addition of a bypass pump out connection w/ valves, $6,477.04 Was required for box and fittings (upsized from 4" to 8" during the station capacity redesign phase) increase Upgrade the discharge piping, valve box, check $9,184.50 Was required for valves etc. from 4" to 8" station capacity increase Construction Administration Cost $5,024.00 DEP Plan Review Fee $500.00 Flow Data Review $300.00 Total $56,064.04 Contribution by Atlas Packaging $10,000 Net Change Order $46,064.04 C.O. Pump Station#14 Page 3 Summary of Payments to Dated 1. Total cost of project $46=1,161.98 2. Contribution by Atlas Packaging (-$10,000.00) 3. Contribution by Republic Metals (-$198,097.58) 4. Payment #1 by City to Atlas Packaging (-$140,000.00) 5. Payment#2 by City to Atlas Packaging (-$70,000.00) �inOti i I)ut h \Ili l'aCk I!1 hV ( I?_A [row 1. ii iii11e (11i, 11.1i S-46,4)64.04 CHANGE ORJ)ER DUE TO SETLLF.MENT: $30,000000 A TTA C H MENT(S) 1. Contract 2. Meeting Minutes 3. Change Order Request by Atlas Packaging 4. Information in chronological order with related time of occurrences 5. Special Invoice 6. Copy of Resolution 11-8254 7. Documents from Hydra Services, Inc. PREPARED BY: Mohammad Nasir,PE,Asst. Public Works Director/City Engineer END OF MEMORANDUM C.O.Pump Station#14 �� Page 4 Sponsored by: City Manager Resolution No. 11-8254 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE TERMS OF THE AGREEMENT WITH ATLAS PACKAGING,INC.,FOR THE CONSTRUCTION OF PS 14 FOR AN ADDITIONAL ONE HUNDRED AND EIGHTY DAYS AND T11, MODIFY THE PAYMENT TERMS, "AYABLE FROM ACOUNT NUMBER 35=535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING AN EFFECTIVE I}ATE. WHEREAS, the City of Opa-locka ("City"), pursuant to Ordinance No. 09-22, entered into an Agreement with Atlas Packaging, Inc., for the construction of Pump Station 14; and WHEREAS, pursuant to Resolution 10-8072, the city modified the terms of the Agreement; and WHEREAS, Atlas Packaging has completed 80% of Pump Station 14, but due to unforeseen complications, completion of construction has been delayed; and WHEREAS, it is necessary to resolve certain issues with Pump Station 14, before construction can be completed; and WHEREAS,the City Commission of the City of Opa-locka desires to adjust the terms of the Agreement with Atlas Packaging, due to the unforeseen delays with Pump Station 14. 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 20 The City Commission of the City of Opa-locka hereby authorizes the City Manager to amend the Agreement with Atlas Packaging for the construction of Pump Station 14 to allow an additional one hundred and eighty days for completion and to modify the payment terms so that one-third is payable immediately, one-third is payable upon completion, and one-third is Resolution No. 11-8254 payable twelve months after completion, payable from Account Number 35-535630. Section 3. This resolution shall take effect immediately upon adoption. "ASSED AND ADOPTED THIS 22"DAY OF AuLe,2011. t /1 frMMYYM TAYLOR MAYOR Attest to: 14 Approved as to form and legal sufficiency:„, `.// s .I Deborah S. Irby Jos-.. S. to ler City Clerk C. I Atto :ey Moved by: COMMISSIONER MILLER Seconded by: VICE MAYOR JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 5961899 v1 LO .(p: i '9t. ;,t.2 I to. Memorandum T$: Mayor Myra Lo Taylor Vice-Mayor Dorothy Johnson Commissioner �} Timothy I-Holmes Commissioner ,/ , Rose Tydus missioner Gail Miller FROM larance-''ate -con,City Manager sI ATE: June 16,2011 RE: Atlas Packaging Contract Amendment 'equest: A RESOLUTION OF THE CITY C I'MMISSION OF THE CITY SF OPA-LOCKA, FLORIDA, REQUESTING APPROVAL TO ALLOW THE CITY MANANGER Tit AMEND THE TERMS OF AGREEMENT WITH ATLAS PACKAGING FOR THE CONSTRUCTION OF PUMP STATION 14 FOR AN ADDITIONAL ONE HUNDRE I AND EIGHTY (180) iI,AYS AN I TO MODIFY THE PAYMENT TERMS. Description: The City of Opa-locka has a developer's agreement with Atlas Packaging for the construction of Pump Station 14. Whereas construction has commenced and is approximately 80% complete the project has been halted due to complications of unidentified flow into the station. As it is necessary to identify the source of the flow before completion of the station, the City accepts the responsibility of this delay and is recommending to adjust the terms of agreement for payment and construction time. Financial Impact: The current agreement specifies payment terms to Atlas of 50% on completion and 50%, twelve months after completion. This request is to modify the payment terms to include 1/3 of amount immediately, 1/3 on completion and 1/3 twelve months after completion. Implementation Timeline: The agreement specifies that work cannot be suspended, abandoned or not in active progress for a period exceeding 180 days. The contract amendment is to extend this period for an additional 180 days. Leeislative History: Ordinance No. 09-22; Resolution 10-8072 Recommendation(s): Atlas Packaging has performed satisfactorily in its obligation to the contract. Given the delay is due to an unforeseen circumstance, beyond the control of Atlas it is proper that the amendments recommended be allowed so as not to further encumber the progress of the project. Analysis: To date the contractor is approximately 80%complete. As per the current terms a pro-rated payment would be in the amount of 40% of the contract price. The payment of 33% requested immediately is within reason. 1 ATTAC iMENTS 1. Atlas Agreement 2. rdlnance No,09-22 3. ]Resolution 10-8072 PREPA' V: Judeen Johnson,Project/Utilities Engineer 2 St 1 Reading: 10/28/2009 2"Reading 11 /12/2009 b/O Public Hearing 1 1 /1 2/2009 Adopted: 11 /12/2009 Effective Date: 1 1 /1 2/20 0 9 Sponsor: City Manager ORDINANCE NO. 0 9-2 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING T! •E 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 $200,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE ATE 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 ($200,000.00); 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 Cpa-loiria ait liwiz he City .1 „i into an agreement . _ _ 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 1. 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. If any 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. Ordinance No. 0 9-2 2 2 PASSED AND ADOPTED this 12 day of NOVEMBER , 2009. r` s --' � ' JOSEPH La KELUJX ii/if A'T( _ Attest: Approved as to form and legal suff ciency: i ' Debora S. Irby Burnadette NotrisVeeks City Cler City Attorney ~='--." Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES AGREEMENT FOR WASTEWATER INFRASTRUCTURE IMPROVEMENT "PUMP STATION 14" BETWEEN THE CITY OF OPA-LOCKA, FLORI IPA AND ATLAS PACKAGING INC. AND SHIELDS LLC • ijj THIS AGREEMENT, made and entered into at the City of Opa-locka, Florida, this V\ day of,0 4\00, 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: 13165 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 2 of 13 F° � 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 CITY'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 Bounty. 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 County 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 line 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 8 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"B" 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 limited 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 CITY's responsibility to obtain the proper zoning approvals. 6. INSPECTION. The CITY shall have the right but not the obligation to make engineering inspections of all the construction work performed by ATLAS under Page 3 of 13 f' the terms of this Agreement. Such inspections shall not be construed to constitute any guarantee on the part of the CITY 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 accordance 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. 7. 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 be 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. 8. 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. 9. CITY AS PERMITTEE. 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 permittor, 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 losses incurred by ATLAS as a result of actions by regulatory bodies which are related to capacity allocation. ,st/'0 Page 4 of 13 J 11. FACILITIES EASEMENTS. If 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 designed, 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 CITY's 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 to 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, ATLAS 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 half of the station budget or amended budget, not to exceed One Hundred Thousand Dollars ($100,000.00) 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 Hundred 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 Page 5 of 13 �I( 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 facilities. 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) year 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. Page 6 of 13 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. 16. 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 attorney's 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 MAJEURE. 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 be excused from performance. As used herein, force majeure shall .. o Page 7 of!3 e' 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 are 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 full 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 any 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. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations,whether oral or written,between ATLAS and the.CITY. Page 8 of 13 1� 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. 23. 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) SIGNATURES ONLY AFTER THIS LINE • • Page 9of13 A / 1 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OPA-LOCKA ATTEST. .0%1 '41•11°— BY: Deborah Si.Irby,City Clerk } .Finiiie1 Interim City Manager APPROVED AS TO FORM: Burnadette Norris-Weeks,City Attorney Page 10 of 13 ATLAS PACKAGING,INC. WITNESSES: k \ \/'*---: 042.�. r` �� Atlas Packaging,Inc. / Authorized Representative r�a- L _ i i- i a ('v '4t5 1r im `c;c '4<.✓ V71_ Li . } . `- Ut,3 , (0 r�� _ I;EST: !_, I j 1641 4-3) kliPan/e (1 A•1'1'h - SHIELDS LLC WITNESSES: _ 44 .4-"--C /1:311L' -924-4-i2) ( ' I Shields LLC i _ Authorized Representative w - it , i l / ( A— 5f ,ice i-0 1 ✓At TTEST: .i./. . ta'- Di0.0 I a.tm . ATTEST: STATE OF FLORIDA ) ) SS: . COUNTY OF MIAMI-DADE) ' BEFORE ME, an officer duly authorized by Jaw to administer oaths andLtake acknowledgments, personally appeared-,'-','',t i1p�i".'4):- z r , t-�Z.�,,(t t r,l of'�HL;e-`,t;cf e-1 a Florida corporation, and acknowledged executed the foregonlg agreement as the proper official of-Thlq Orx,ai'Ygor the use and purposes mentioned in it and affixed the official seal of the corporation,and that the instrument is the act and deed of that corporation. . IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this�L1 clay of h i. ,v ,2009. I ) 1r .; • ` r � ii�!�iL� i�r, NOTARY_I�UBLIC My Commission Expires: easesese eeeeseaeaeaQeaaes sueeeesssesseessoseo MARY=8ETH HAWKINS 1 1 3 3 Page 11 of 13 € 1tZ®11 I --- ,./ Roam NI:mom.trta 3 (07 man eeeesaoaaoaaeoeeeaeae0eaeaeaeeacoaaeoa® Exhibit"A" Map and Description of Atlas Property • • r Page 12 of 13 Property Information Map Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DAD"dadeygla IAMI-DAD Property Information Map ( r,",,,' Summary Details: Folio No.: (15- 129-010-0110 Pro perty: 13155 NW 38 AV e ailing SHIELDS L L C r` __revs: I, '•, pu13165 NW 38 AVE CPA s FL 33054-4530 Property Information: 's Primary Zone: 7400 INDUSTRIAL 1. PARK ¢LUC: 0032 LIGHT MANUFACTURING a Beds/Baths: 0/0 j' _I Floors: 1 ' P;i: i ; 1141 Living Units: 0 ---"'`` ' - - Adj Sq Footage:21,901 - Lot Size: 43,680 SD FT _ Year Built 1881 r"f" LEJEUNE-DOUGLAS IND PARK PB 115-99 '.'( - Legal LOT 3 BLK 2 LOT SIZE Description: 43560 SO FT OR 14665•• !r' 628 0890 3 COC 25299- 3889 01 2007 5 � Sale Information: i r' .; -` Sale O/R: 122040904 :,,I,,:„/ 1 ! Sale Date: 711984 i'` ',_ . i .�s.Iiai l iii :. _ ,il 4.1/; Sale Amount $450,000 Assessment_Information: Digital Orthophotography-2007 0 -�® 124 ft 'Year. 2008 2007 This map was created on 12/9/2008 4:50:21 PM for reference purposes only. Land Value: $698,960 435,600 Building Value: $347,540 $347,540 Web Site©2002 Miami-Dade County.All rights reserved. Market Value: $1,044,500$753,140 Assessed Value: _$1,044,500$783,140 Taxable Value Information: dit' Year 2008 2007 Appied Applied - Taxing Authority Exemption! Exemption/ Taxable Taxable M1.,C10 u Value: Value: Regional- $0I$783,140 $1,04444,,500 County: $1;44,600 30/$783,140 City: $0!44,5 $0%$783,140 $1,000 School Board: $1,044,500 $0/$783,140 //i/(ji:/ly ,,,,/, i, Exhibit"B" Schedule Of Tasks And Deliverables Page 13 of 13 �� V�3�' 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: o Preliminary Engineering o Field Investigations o Existing Conditions Analysis o Survey o Basis of Design o Final Design The maximum disbursement under this phase shall not exceed 6% or $12,000.00 for reimbursement purposes. TASK 2-PERMITTING O Obtain all permit approvals from DERM and City of Opa-locka Building Department An allowance of$2000 is available under this task for reimbursement purposes. TASK 3-BID AND AWARD O Preparation of bid documents O Selection and award of contract 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 !` r � O '� EXHIBIT :." „age 2 i ff 2 review and concurrence. Firms shall be all in good standing with no previous disbarment history or disciplinary issues with the City of Opa-locka. TASK 4 o CONSTRUCTION Upon concurrence and award of the contract, Atlas shall cause the pump station construction to begin and the work take place according to the minimum steps outlined in tasks 4 & 5. The maximum budget authorized under this phase shall not exceed T,1 R6,000 00 o Construction of new station • Continued operation of existing station o Coordination with City for construction inspections TASK 5 e COMMISSION AND CONVEYANCE o Start up by pump manufacturer o Transmission of station manuals o Submission of as-built drawings to City • Final certification of station by DERM Sponsored by: City Manager Resolution N .10-8092 A S t+LUTION OF THE CITY COMMISSION OF TIE CITY OF OPA.LOCKA, FL•O'IDA, 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 Pc'OJECT COST BY $10,000; PROVIDING FOR INCORPORATION OF RECITALS; PROBING 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, ;1 E IT DULY RESOLVED :'Y THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section I. 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 ADO J PTED THIS 26th DAY 'IF M, ; , ._-,f Flo — .11 fir i , l'i , i i/ Deborah S. Irby L -'=',h s.. eller City Clerk t ty t�t orney 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 vi Memorandum TO: Mayor Joseph L.Kelley Vice-Mayor Myra L.Taylor Commissioner Timothy is olmes Commissioner ,r' Dorothy Johnson i mrniesio a er ose Tydus rte/ „•r FROM: arance Pate -11, my anger DATE: May 19,2010 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. Recommendations) 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 CONT? •\CT COST: Design Cost $ 14,000 Construction Cost + $186,000 TOTAL — $211,000 J JUS TI;D COSTS: ;Design Cost $ 14,000 Construction Cost $198.720 Total Cost e $212,720 Additional Cost: $12,920 City's contribution to additional cost: $10,000 Attac penis: 1)Ordinance 0942 2) Atlas Packaging,Inc Agreement 3)Atlas Packaging Change Order Request 4)Total of Four(4) ;tads Procured by Atlas Packaging for r oject PREPARE ED F Y: Judeen Johnson END OF MEMORANDUM 2 AT S Packaging&Dieplays O,ra>si4 b Change Order Request Date: 05/07(2010 Project Name: Wastewater Infrastructure lmpro.cment"Pump Station 14" Uiinifisct Date; November 19.2009 Vendor Company Name: Atlas Packaging,Inc. Contact Name: Chip Miessner Telephone Number: 305-688-5096 E-mail Address: chinsi-atlaspackaainginc.com Address: 13165 NW 38 Ave.,Opa Locka,FL 33054 Change Requested By: Chip Meissner.President,Atlas Packaging,inc. Requested Changes to Contract and Reason for Change: 1. The contract requires that work commence within 180 days from the execution date (1119%2009). 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 DERM,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 5-1912010 1.180 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$299356.5243,000,$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 he added to the budget to cover increased costs. Sincerel , ,1(0 Chip Miessner President. Atlas Packaging Inc. 13165 NW 38th Ave •Mi ,ni FL 33054 Pk 305 688.509E FAx 305 685 0843 ww.®q ,gpec ra s Cxi 01.11001.1•00 • To:Cherokee Ct uitirra ---7 Phona:(305)205-2351 fie:03130110 5821 SW 51e Tar Fax Miami,FL 33155 k.oroceftatt:net ( Job Name, City of Opa Locke Pump Station � I PVas posal/Con tab -eot.as,P T. ! ,oropwee to ttanlah fetw.equImcnt,end raotoft r.y4x,c,soru fop cap= nanovalions and Waders o te to tudaline taw sort.All wok tail ho conaireetd as dawn on gam des • Chercftr.o CotiraaaBi r'B ••nom!1110110.A basalt orm b alludt=likw your radow, Fa=Motrt Manta Total $dc ,38:8.6i1 Note 1 Project MI need the cooperation of the service provider We propose hereby to furnish material and labor-compete in accordance with the above specifications,e,for the sum of Two hurtdrod R1fn ty-rtlne thousand Three hundred Ftf reix and 00/100 Dollars 0200,3U.00) Payment to be made as flows'Bed on the 25th of the month,payment due by the 10th of the foaceiang month. A se vice charge of 1 5%wni be charged on all accounts over 30 days past due AU costs incurred by b9 V R,T,Inc for collection of moneys owed shalt be added to betance due Acceptance of Proposal - The above priors. All material is guarani to be as specified. Alf neac to be f specifications and conditions are satisfactory and are hereby completed in a professional manner occonfing to standard accepted You are authorized to do the Wed as specified pr 'O Any alterations. deviations. or additions from Payment esil be made as ottened above probed plans or specifications all Involve extra costs and approval Ai agreements contingent upon strikes.accidents or delays beyor d our control ignature- i `-ems— ubmitted by �� ills• _ Rene W ar yipr Nolo This proposal may be withdrawn by us R not accepted ;.eta within 20 days 1 North Krorno Ave Suite 100 Homestead,Fl.33030 306-247-0833 fax 305-23022 1 i ; I Ii I 1 To g ® $ A ti s Sss , , 6 396 36 6 sss4sssisss 1 8 1! 8 8 8 s 8 8 8 8 8 8 8 8. 88888888g 8 I $ lid Q gg I 8 i ,. f 6 i Il �� x 5 8 I° GgBe SR 88B B3 S g81 : 6e $ $ 08 o A 0 I F $ 8 838g O C OM 8 33 3 0 0 0 0 8 0 8 8 O S -( BOYS ENGINEERING li,INC. 2625 W.78th St..Unit 2 I -6.3!e:ah =1nrida 33016 Pi4C t,...5 :If6)C33-0559 • FAX(7960 C3-1 C6.7,3 ,,,,,, a • ilas1.1-5s.net , 4,E,Mr. •. ,•.:,(Wrli.1,AI., D.Efic9LEE camsATANgs sci s w 5 1 TERR Cir.,CR ORA:LOCO.P.:-AlP SCA,-.2.'4 14A1A1 FL.13,55 12-1EINE Afit)I lt 5, I OPA,C1C.ItA.PL 477t.t. KEN --- i Sette■Trodt A..b KA I-_/.4,RI 0•IERCIKEE rtmr.tilst, AITST REVS Oh t0,C4 r.Zy S'or•t:, C. r-IRJ C-2 E.. ..fil44,1 3 241,07 C‘C •I I . r 4OCIA.0 1.1,T ST Alla%642'SQUARE YAIV5 VIM.' 'I I., •••'•r U.52 UP POLYLIWO P 1 I • iNC.`..I.JDZS MUMS AND CIANSINAT AROUND CIF"ST AT-Cd. • EUErtGZA:CY PUMP CUT CONNVC7,C■ti Ft ECSPRICN.CONTRO1PA44F.0.57AuF.0'ArTHiN A•Cl R.A.Utur Cf THE 5TATlQ' 1 ,INCi ODES • ...:.COSTS OR DEPosP-5 RrEC241RE•0 Br:P54.F0,1 r--EIR SERN:ICES P tItlAIT',EFS Mina ASSI uagit • r..e.0,......x244 t4•401,..t;n._.OA I • 411 Ii,..II:11.,...11 WI 66,43.1,2 7, ...",-TIAFTc.C. K..._,V7‘,X14 • MA WEAL.OH IA.,.Or It.A&7 1 SI,vle....,kMsv....%51 I • .-■•,,ENICPTC.0->a,tafta CA..P7ktnza•>;_,,,-e4c;;•,osu•-r,4s - ......, CA.,{1.6..-:r,VE.:r. .. • Ar,r..LocA To.:K11.44,/k4'X.:NIV,...C#144,,Er_Trxii trru-iFs,,,,,,.1.0_-...ro...::A4-7,0 A,7.1,,,v e"....“1....,.,,e.CL!,4(As.-.,.....u. AN.TRU OF-Kblirt5'KM.413LOYAL.''41.....Cr,"Ok.C.,Ma■V_Fir.....,,.7.1 MN 47.0,71744'5,,IAL ry-S,...,-,..1'..,,,,,,,,_-.1...■•_•,..4...24,4.,,,,,r.,,,or AA,....klahtS CA .r■V 71..0'.....,.,.....0.1".2.,./..,,C.5 L,..7,. I Al'.. ..--,.Dlose.,..3.-,,,,,. ' I I I Acscs I4,44-r..44r.4,... I I 1! 1 I I. I I , PLANS AND PROCESSING SY OTHERS. _ __. ^,s;...,e,tenrcR,'iik,F 14:,SA44, . . PECJ•iisMCN 4 . ....--.... _ _ C.,-.....' X I. .Z., ■-.,...-;.).....;-:-: ••■--......----- •'7' \■', ■. I: - —- i i I .,.... - TV 7 to•t.7'..,,R.I.i.--•,....i. 1.--i ROSE ENGINEERING CONTRACTORS 8295 NW 93 Street,Medley, FL 33134 Teti (3051 885 Sot Fax 305-885-8287 is .<....,. RD,,.Ica Pum•Station Pr..osai Data: 04!14110 Data 14- .-10 PROPOSA1SU8 ' DiO: «PH• :305888-5098 f�� Atlas Packaging a Displays FAX: 305.685.043 STREET JOB NAME: Oceloctra Pump Station 14185 N 38 Ave LOCATION: NW Le Jeune 8132nd.St. CITY,STATE,ZIP CODE Opebcka,Ft. Miami FL 33054 ATTN: Chi tam A c y�s n s+u auwy g(�gg 02 following Pump Station Mobilization Wet well Valve vault New Top for existing wet we Pump package lira.Acoess 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 Remove existing vegetation as needed to install new improvements Oft site disposal of excess spoils Asphalt drive I"water service RIOT Light on 8`light pole 8"z 8°tapping sleeve/valve instead of if z 90 bend 8"line stopper between existing station and new tapping sleeve Remove existing pumps.top slab Fence Hedge and sod As-butts This price assumes that the area is not to the footprint of the old dump site and that the sods are native to the area. Handling and disposal or any burled man-made debris and/or contaminated soils N!C Permit fees NC No Bonding Lump sum price $ 198.%20.00 Tilts proposal is toad for 30 gaps f rom the'Proposal Mae shown above. No ro ate hasaby to rum,ell Sabin and inatxys in saordanx with the above it Ina anti One Hundred NtneteyEight Thousand Seven Hundred Twenty Dollars and no Cents S1 88,720.00 ACCEPTANCE OF PROPOSAL ran avow mesa.scare eseoftwaaa;aims and sxwtte a ere se.sra+o,., w9 ova n2T0.r srm{}aC la se M1Fr a tea to P•aarec Mar OW w(n.Gaaoane COQ. Drwj4 S4el4et Signature. Date: David Sheller•Estimator Prnt Name Page 1 of 1 i 0vairmirotte IER c t TUBS EC®mpcDf$f8DIIn I c..t: SOUTHWEST 143 COURT-MIAMI.FtO2}OA 33186•PHONE {305j 232.230•FAX 13051 25e.1161 �Hpi'CY. 5 TO .T,iGti w, CAVIrAL UILDERS GROUP/MIKE UHRE 9 154.410-4023 27-Apr.10 ' i1."(1383 SAWGRASS CORPORATE PARKWAY r°a WA LOCKA PUMP STATION 6 14 c- s1 : .I E, �x SUNRISE, 33166 muhre jgpstalbuiktersoroun net Page 1 o13 Le JeuneiDougias Conneeio!Rd WW i 32nd Slreet•OFa locke.FL ii DEMOLITION: 2 BU&KTi1N Ue4 DESCRIPTION 72 IF Fence Removal 1.0 LF Pipe Removal 0 1 EA E)ectrlcat Service Removal I EA Remove Eei$ling,_ift Sianon Pipe F Pumps SUBTOTAL: $ 5,00916 1 iPAVEMENT: QUANTITY UM DESCRIPTION 50 SA, 12'S?abilized Sub i1e 50 SY 8-Rocs.Base 50 SS' I 'IT Type S-41 Aspt-ac . 1 LS Surrey ' SUBTOTAL: $ 1,987.6 FORCE MAIN: fi d_eNTTY UfM DEscsta oP! E 240 LF 4"Forcvmain DIP z 240 IF Paint to'Forcemain Pape 1 E A a:"30 Bend wI Meg-A-Lug t 2 EA 4 ,0 Bend w/Meg-A-Lug 1 1 EA d x 4 Reducer wt Mea-A-Lid I EA 8'Sold Sleeve 1 EA Excavate&Connect 1 t S Su.ey S As-Suites ISUBTOTAL: $ 12.911.13 4 . . . .., II...orit..Eugbn-.•ria:4..r1,•.rul..11 • . (r 1 i 2 i SOUTHWEST 143 COURT■MIAMI.FLORIDA 33186•RHONE t30 5)232.2340•FAX 130S'256-1'6■ • 110 I I 8If'hg r •%.s 9 PROW9 p tLL aS GROUP/MIKE LfRE Pioaabs4.4 104023 [war 27 Ar tO STYi l t ape nerd 1 323 SAAWORAS$CORPORATE PARKWAY UFA LOMA PUMP STATION a 14 a cm SUtdAf FtOR1OA 331 BS Pk'` 171100919111adiggglagarE ,' Page 2 of 3 I LIFT STATION: I QUANTITY u7&1 MSC f YyK)¢I r 1 LS By-Faso Pumping I EA Freeform Wash Exist Wet WeR 1 1 EA Remove Esdating Top Slab 1 EA tnetatl New Top Slab wl Hatch 2 EA Coredrill Exist Manhole A Connect 12114 1 1 EA Retold Exist Mardrote Invert 9 CY Namable Fill 1 24 SY Base ReatoraUon wi CLR 24 SY Pavement Restoration LS Survey&As-Btetts SUBTOTAL: 5 210,317.53 i • i S 1 V g� yy . _ f i6, o nril.,hc i a...sink I wr P.,"I.n f QDowan€ondcI [Frmgonneeu-In g C®t°}zelre horn 1 a241 sOUTt:.%IST 1,13 COURT•MtA/A1.FLORIDA� 333.tri—it4QNEE;3051 32-2340••FAX 1x05:"i 5,3 11 SI P11601 il�5A11-d • c cL.FGlA:Sf.ih51'1l0 TO Prd�rE • D+<.rE CAPITAL BUILDERS GROUP/MIKE UHRE - 954.410-4023 27-Apr-10 crstti s 1CR N p1 583 SAWGRASS CORPORATE PARKWAY OPA LOCKA PUMP STATION t/14 SUNRISE,FLORIDA 33166 muhre @_caoAuRdersoroup net Page$of 3 SUMMARY: fl OEMOLiTH)N: 3 5,009.96 PAVEMNENTt S 1,967.4R •_ rOOCE MAIN: _ 12411_:9 LIFT STATION: $ 210,317.53 LUMP SUM: $ 229,726.00 PLANS, By Cherokee Consulting,Inc Shen 1 cf.3,n0 date.no reurslons S-heet 2 of 3.dated 1/1000,revised 1114109 • Sheet 3 of 3.dated 1/1000.revised 114/09 NOTES. I errnit costs,;irons densities,proctors.impact tees,pot cemfcat,on,no included ! &ey•st,remove,relocate,or hold existing utilities other than specifically noted not included 3 Removal:or replacement of unsu6able materials or specat bedthng due to unsuittables not included 4 Removal or hauling of trash,debris.ha=ardaas or excess materials,not included. • Bid predicated onDownrite having a clear,safe unobstructed work area with no c-veihead hazards 6 Footings walls,cares,slabs.fences,conduits.etc,nat included ,ft'in mops,signaiiccobon work,street Lghts candults,pull boxes,not included S finch pavers andror turf block,paver bands colored concrete,not included cil-Wing it re rr ru' to be pain for by owner 1u _rh Station and prve nodules vice and electrical service within 20'ladtus. nor included in proposal are generator Nog,generator,teternern,RTU and SCACA. Eresion con*.rat,s„fences,hay bales dual control,pording water rainwater conuoi,rot.n•:luded Ann projec.bid by ORE that nas earthwork writ be checked for the accuracy of the topo oefore bang G started if there are any charges,the owner wit be held responsible. 1 :2 Any mcreascs in rr atertal costs wit be paid by owner.prcper documentation shat'be submitted to cosh chant and corsuttant for approval an executed charge order to be reauirec for any increases tailor to Cher ins+allahon 13 I'o•n not specitca ly Shown and rowed an ORE proposal is not includes 14 •131.t dire or preen+um time■ olk ponce,ti ghway patrol,traffic police,net nctuded 15 0 C I Fennit if redurred,not included $ to if this pno;ect Is awarded to ORE,Auto C.ADD files must ce ploy.ded prior to cornfience'rrsnt dl,•..;... i 1' T his hid prr.pr sat is good for 30 days on'.; d I I .. a It...a nriie t.u:ia.'.•rru_C.n•pot.:nfun Kathy Phillips From: Kathy Phillips Sent: Monday, December 17, 2012 1:41 PM To: Directors; Antonio J. Sanchez (OLPD); Leslie Osborne Cc: City_Manager; Florence West; Mindy Santos; Christine Banks; cdp temp; Clancy Huckelberry (OLPD) Subject: Re: SPECIAL Staff Meeting Called by City Manager, Friday 12/21/12 @ 10:00am Importance: High Department Directors: Please be advised a has been called by Mr. Baker, CM on CM Conference room to discuss several items of importance. A notice was sent to your calendar Thank you for your attention and attendance Cc: Administrative Liaisons Kathy Phillips, Exec. Secretary t c)h.i I„rka )trio 't the i it AI,toaect "8(1 I i�h/ ?trer1_ 1 11,,,t ka. I Irx1a 33 H4 3O3.983 382i )tti, 3u 933 28Th F9 'Hie Great(..itv' kph)llips(opalockat1 goy Vvlv NA,.opalockatt oA.. the best form of f./atery 1 Kathy Phillips From: Kathy Phillips Sent: Monday, December 17, 2012 1:41 PM To: Directors; Antonio J. Sanchez (OLPD); Leslie Osborne Cc: City_Manager; Florence West; Mindy Santos; Christine Banks; cdp temp; Clancy Huckelberry (OLPD) Subject: Re: SPECIAL Staff Meeting Called by City Manager, Friday 12/21/12 @ 10:00am Importance: High Department Directors: Please be advised a has been called by Mr. Baker, CM on CM Conference room to discuss several items of importance. A notice was sent to your calendar Thank you for your attention and attendance Cc: Administrative Liaisons Kathy Phillips, Exec. Secretary laic( Olc ! tr. A,I,,n.tL, -81∎ I 1.1),in) 14,,,r ( tpi 1<,cka. I i■ r1.I. :))(1,-1 �mh Q 2831 mtha 3(15. 9)3 :The Great (atl' kphillip ICUopalockattzo‘ v>r-vt opalockatl.go� best.form ,f Pottery Tracking: 1 Recipient Read Directors Antonio J. Sanchez(OLPD) Leslie Osborne City_Manager Florence West Read: 12/17/2012 1:45 PM Mindy Santos Christine Banks cdp temp Clancy Huckelberry(OLPD) Howard Brown Read: 12/17/2012 1:41 PM Nelson Rodriguez Read: 12/17/2012 1:41 PM Charmaine Parchment Read: 12/17/2012 1:43 PM Shirley Freeman Read: 12/17/2012 1:45 PM 2 ' :\ ... ...._, ,,,. ATLAS Packaging& Displays ('hh a nQ 1 (-)1 c=ue-r R P qi_l - r. Different by Design Mr. Walter Shields, and Mr. Chip Meissner from Atlas Packaging, along with their Engineer,Mr. Ken Groce,met with Mr.Kelvin Baker,Dr.Ezekiel Orji,Mr.Mohammad Nasir and Mr.David Chiverton from the City of Opn_ ockn regardina additional sts incurred by Atlas in the construction of Pump Station 14. Below is a summary of the discussion. In 2009,Atlas Packaging, a corrugated box manufacturer located in Opa-Locka,desired to build an addition to their existing facility. Atlas has been at their present location in Opa-Locka since 1983. During the permitting process it was discovered that Pump Station 14 which Atlas needed to connected to,was under moratorium and needed to be rebuilt. Atlas contacted the City to see what could be done to expedite this. At the time,the Operations Manager of the Public Works Department was Mr.Fernand Thony. Mr. Thony suggested that in order to solve this problem quickly,Atlas could 1 contract with the City to rebuild the pump station themselves. Atlas could put the money out up front, and the City could reimburse Atlas later. The rebuild would be under the supervision of the City. On November 19, 2009 an agreement was worked out for Atlas to rebuild the pump station and a contract was signed by the City for$200,000. The design phase then began and when the design was complete to the satisfaction of the City and DERM,bids for construction were obtained. Four bids were obtained,but the lowest bid was$13,000 more then the maximum contracted for. On June 9,2010,the City modified the Agreement to increase the contract by$10,000. With that,construction began to move forward. As construction was moving forward, a member of unusual events occurred in September 2010. First,the old above ground pumps both failed,and a submersible pump was installed in the old wet well. This submersible pump should have had plenty of capacity to keep up with the flows that were expected from the flow data provided by Mr. Thony during the design phase. For some unknown reason(at the time),the submersible pump could not keep up. This caused a number of emergency situations where additional costs were incurred, as detailed in the attached change order. Ultimately it was determined that the original flow data provided by the City and used in the original design,did not account for significant rain water infiltration,but even more importantly,did not account for unusual and potentially illegal hazardous waste disposal •;316„--3 NW S81:11 Avc. ,!i©rnF, ?;5.,. 3305 2 --1 -:1,'r 3.5v96 c . ic5.,,:i f2- www,atlaspackag¢rrginc,coni 1 I by a nearby business. This unplanned for discharge would at times overwhelm the pumping system,mostly in the late evening. In addition,this waste was so full of chemicals and petroleum products that it actually ate through and destroyed the submersible pump. The odor from this waste was so strong at times that workers were concerned for their safety. At this point, construction went on hold and the City began maintaining the flow at the station until a new plan could be developed. During this time,Mr.Thony left the employment of the City and Mr.Mohammad Nasir was hired as the new City Engineer. With his guidance,new plans were developed to handle the new and greatly increased flow data that he collected,as well as dealing with the unusual hazardous waste disposal. This new plan required significantly increased well capacity,larger pipes and larger pumps. Multiple bids were obtained by Atlas for this large revision and after selecting contractors for the various parts,the total came to an additional$198,000. At this time, another business in the area,Republic Metals,was also trying to expand their business. As the pump station was still under moratorium,they could not complete their expansion either. After reviewing the situation,Republic Metals volunteered to contribute all of the money for this major revision. So instead of going back to the City for an increase in the budget,the revision proceeded at no cost to the City. The pump station was finally completed in May of 2012 and has been running to the satisfaction of the City ever since. The purpose of this meeting was that Atlas is requesting reimbursement for the unusual and unexpected cost they incurred while dealing with the unexpected infiltration and hazardous waste disposal,including their emergency cleanup costs and emergency attempts to upgrade various parts of the system rapidly during this time to prevent sewage overflows. Atlas is donating$10,000 towards these additional expenses to help the City, but an additional$46,065 is still requested. In addition Atlas is requesting to be paid for the remainder of the contract ASAP. They have put out a significant amount of money for this project for much longer then expected,and with a very bad economy,they need all of the cash they can get,in order to help them weather this difficult time. tien I‘AL ' SSA ' 1 .- It ;Hit,,.., aT Q 11V '- " * �t i1 f rii` Meeting Minutes Attendees: Atlas Packaging Inc.: Chip Meissner City of Opa-locka: Ezekiel 0. Orji, Ph.D., Mohammad Nasir, PE,Arshad Vigar, PE Date: October 31, 2012 (2 pm) Re: Change Order for Pump Station 14 A meeting was held on October 31, 2012 at the Finance Department Conference Room of the City of Opa-locka in reference to change order by Atlas Packaging, Inc.for the construction of pump station 14.The following items and related cost for each items listed below were discussed: Change Orders: Description Cost Comment Removal of vegetation and dead trees requested by $2,127.00 Initial Phase the City after the start of construction Relocation of an existing fire hydrant requested by $768.00 Initial Phase the City after the start of construction Site excavation to hand dig around existing $1,659.00 Initial Phase underground utilities that were not a part of the original design _ Repair of existing force main connection $3,169.00 City's as-built information was wrong Submersible pump damaged by high strength sewer $9,590.00 Raider Environmental is suspected Maintain pump station during repair of damaged $17,265.86 Raider Environmental is force main, pump failure (initial construction suspected phase), determination of excess sewer flows,pump out wet well and transport wastewater to City approved discharge point to eliminate sewer overflows during the aforementioned conditions Addition of a bypass pump out connection w/ $6,477.04 Was required for station valves,box and fittings (upsized from 4"to 8" capacity increase during the redesign phase) Upgrade the discharge piping,valve box, check $9,184.50 Was required for station valves etc.from 4"to 8" _ capacity increase 1 iEr;,';,+,r'IT Y '- d.. �' TAN LY ° d u Construction Administration Cost $5,024.00 DEP Plan Review Fee $500.00 Flow Data Review $300.00 Total $56,064.04 Contribution by Atlas Packaging $10,000 Net Change Order $46,064,04 After detailed discussion on each of the items listed above Mr. Chip Meissner agreed to accept City's offer of thirty thousand dollars ($30,000.00) to close the requested change order. Atlas Packaging/Shields LLC Invoice for Full Payment for Completion of Pump Station 14 6114/2012 Original Contract Construction Contract with Rose Engineering 198,720.00 Discount for prompt payment -5,000.00 Permitting 2,000.00 Contract with Cherokee Consulting for Engineering &Other Services 13,800.00 Contingencies 480.00 Total Original Contract 210,000.00 Major Modification Due to Revised Flow Readings and Abnormal Hazardous Waste Discharge Force Main Evaluation 19,950.00 Design and Permit Modification 3,500.00 Wet Well Interconnection 61,890.00 Upgrade of Pumps, Control Panel,Valve Boxes, Pipes&Pump Base 112,757.58 198,097.58 Change Orders Billed by Cherokee Consulting (not in original contract) DEP Plan Processing Fee 500.00 Additional Flow Readings 300.00 800.00 Change Orders Billed by Rose Engineering (not in original contract) Clear and grub entire site(stump and root removal) 2,127.00 Exploratory excavation to find underground utilities not on plan 1,659.00 Replace fire hydrant 768.00 Repair force main breaks 3,169.00 Upgrade existing 4"force main to 8"with valves&fittings 9,184.50 Add bypass pumpout box with fittings and valves 6,477.04 Manage(pumping out overflowing lift station, hauling sewage to off-site dumping locations, cleaning up after sewage overflows, after-hours and weekend callouts, hire additional pumping capacity) abnormal sewage flows consisting of illegally dumped ' hazardous/contaminated substances, excess flows from storm events and illegal dumping,and force main capacity limits 17,265.86 Compensation for Rose's submersible bypass pump that was destroyed by the toxicity of the sewage effluent 9,590.00 Total Additional Change Orders 50,240.40 Administrative overhead on additional change orders at 10% 5,024.00 Total Cost of Project 464,161.98 Funds Donated by Republic Metals (198,097.58) Funds Donated by Atlas Packaging (10,000.00) Net Total Cost of Project 256,064.40 Paid To Date by City (140,000.00) s, l' Net Due 1 Year from Completion (70,000.00) tl1?g to, Net Due From City 46,064.40 .rr 1' �1 0 { i �--z. _._—_. ,...... __ .. ....: .... ....... ....._r:a.a r. ..:....r.. _..5._izro ..-:w•l:: 'sJ:..u.. TT..N .Y.r. ...hi.w..........T9YJieT.... 01GINAL 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 \C1 day of kkveuAgy 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: 13165 NW 38 Avenue, Miami,Florida 33054-4530. YV 1 1 !0' E S S E 1 ii: 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 2 of 13 - /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 CITY'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 �- g Gtiivi.i� fo the new •^•p _.. �__ic-`i -- Vis P ,ltiplie ' by app ca le r.`,`.tes established by Miami Dade County 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 line 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 8 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"B" 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 limited 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 CITY's responsibility to obtain the proper zoning approvals. 6. INSPECTION. The CITY shall have the right but not the obligation to make engineering inspections of all the construction work performed by ATLAS under Page 3 of 13 ` A� the terms of this Agreement. Such inspections shall not be construed to constitute any guarantee on the part of the CITY 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 accordance 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. 7. TESTS, During- construction and at the time when various tests are required or requested by CITY, the CIT. Y'S engineer or its aut horized representative, together with ATLAS' engineer and contractor,shall jointly be 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. 8. 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. 9. CITY AS PERMITTEE. 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 losses incurred by ATLAS as a result of actions by regulatory bodies,which are related to capacity allocation. Page 4of13 11. FACILITIES EASEMENTS. If 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 designed, 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 CITY's 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 to 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, ATLAS 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 half of the station budget or amended budget, not to exceed One Hundred Thousand Dollars ($100,000.00) 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 Hundred 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 • Page 5of13 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 Al LAS'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 olds of sae releases of Mien grants, nAUt_1 L.1 l_It 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 b 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 facilities. 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) year 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. Page 6 of 13' 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. o 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. 16. 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 attorney's 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 MAJEURE. 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 be excused from performance. As used herein,force majeure shall Page 7 of 13 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 are unprev,entable 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 sou, 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 full 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 any 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. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations,whether oral or written,between ATLAS and the,CITY. Page 8 of 13 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. 23. 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) SIGNATURES ONLY AFTER THIS LINE Page 9 of 13 4(14)\ IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OPA-LOCKA ATTEST: 1rrire b��`t ' °�---� BY: �fa Drab S.Irby, i L Clerk B ue,Interim City Manager APPROVED AS TO FORM: Bumadette Norris-Weeks,City Attorney • • Page 1 0 of 13 ATLAS PACKAGING, INC. Wi'INESSES: I I( ,\,r, 4(--\ V Atlas PackaRelprielslecntative ng,...„...a)1/4.1 Authorized vikt.. .st,t,,, Ito_ .k, Loccq cv.c,Aes Iii a 11A bI: 1 *0 'I, D i n I ► Q r� 4� k'i.lEsY SHIELDS LLC WITNESSES: , � ' !�� *7" - / i v."' 1 Shields LLC [t)1 kr _ : Cilkii- 1" N--.._ Authorized Representative, YL _ ATTEST: 1 Al°1'EST: STATE OF FLORIDA ) . ) SS: COUNTY OF MIAMI-DADE) BEFORE ME, i officer ul' authorized by,law to ad list,oa and take acknowledgments, personally appeared- °� '�_ s. IN�(QY of �3,t _ (�� corporation,cl�L �. �r ��a Florida co oration, and acknowledged execute �o `Jgoi` g gr, � rwas propel/ o, l� ` ��the fore out A Bement as the ro er of�i'ci of�Q h(y-var■,tztor the use and purposes mentioned in it and affixed the official seal of the corporation,and that the instrument is the act and deed of that corporation. IN WITNESS O }SHE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of UV ,2009. 1-114/4141.1A-L-b- °- -- p --)._.16"J. -4: '''' NOTARYYZUBLIC My Commission Expires: ;.ascac�s �c:ace_acaassaosauaaaea Y-SE 1.1�H�,Ay{WKINS x,,23;,!gt Gomm# S JAY i. Page I I of 13 =• _ Expires ltrfia111 4,<,/, kaaansase a massage$%®9pafa0a 6aBfaBDapaa j-- Exhibit"A" Map and Description of Atlas Property Page 12 of 13 (V6/ . 1� r property. Lnfottttation Map Page 1 of 1 My Home Miami-Dade County, Florida MIAMI DADS tie. Property Information Map "S -, ,.';‘,.-"4-.,t f t r / I. y?t °�.�•i ' ' !, can„ - x 1 , , c,,� ,_ / _;' Summary Details: =,-.--' = Sit. +t , . l};`; ..r -. r i s a Folio No 08-2129-010-0110 f S- .11`=,,i3','"'_-_,: ` _l , _c E'' }1 ` " , , I ,' Property. 13165 NW 38 AVE � t,1 $' ' ' a wailing SHIELDS L L C r /. t. 4e Address: 9„I r !3t l %J;-�� arm +, ; Ya 13165 NW 38 AVE OPA s 1 s I •. LOCCA;L `' = ')",',4,-"., c, ' 'c , ii s l i ';..-_•,-`-, Y rS y I )33054 4530 I Y 4 ” 4' ?;, + ., Property Information: I-' f' U 400 INDUSTRIAL 111: ` ' r.t+� 4 -, "� 1 t'7rJ a Primary Zone: PARK Ili .'` v 1.s-,J] d s tr t- ; Z ' Yi., 0032 LIGHT s , i "'Li'.7 r ,-l• i ,r r-, Be CLUC: 8 fir,'':'!" tF �t ' , +� I � }` MANUFACTURING t, ��? �S;fir c/ I. 1 L''..-.4...:: , - -Beds/Baths: 0/0 lt. J 1 - r c Floors: 1 �t�'1 rte`,,'4,''''.' :� 1 ��., � � � � � , ��� r t f +S ( n I '''''/-CA Living Units: 0•` + a, �t7t t 5 .} i+h 1 - v s`_ '. AdjrBuilt age: 21,901 I 11.1'i 1 ::1-'''''''''`:F 7 ` F aid r Gna!1 a Lot size: 43,560 SQ FT tI :6-,:=-714,-f � 6 , �si Year Built 1981 I I ° I:7. 7 LEJEUNE-DOUGLAS 1,4t?....; .,.::' -5 s:i ` ;i■f, I r IND PARK PB 115-99 tyf :r } ' , `' I i t, > �-• a Legal LOT 3 BLK 2 LOT SIZE 1+ y i'? 1 �_ F,`��.rgl Description: 43560 SQ FT OR 14665- a �T a�1 dj -'1';.--,,,,-;C'..J?r 62808903 COG 25299- r' / i ,_t a� cr tai.� �I -- :--_---1,-,.'1 `I e�� 'li� .-,�� 3689 D1 2007 5 1 I r ''-'-.1"-t Sale Information: ++ ': '^` /' t 1 I r 1 --'i t f 1 ==.1, .5 '- t5 tl,f; ,rr Sale 0/R: 122040904 Jr,},,-/ r '-n .• r y t t Pt. i li 3{r' �. ., Sale Date: 711984 ! dr , „ ,�r�.�.' -{� z4`c kr✓` .L. .. _4).,.t i� 4� ...I .._' _e' Sale Amount $450,000 Assessment information: Digital Orthophotography-2007 0 124 ft 2008 2007 Land Value $696,960 $435,600 This map was created on 12/9/2008 4:50:21 PM for reference purposes only. Building Value: $347,540 $347,540 Web Site©2002 Miami-Dade County.All rights reserved. Market Value: $1,044,500 '783,140 a. ssessed Value: $1,044,500 .783,140 Taxable Value Information: Year: 2008 2007 Applied Applied Exempt on/ Exempt on/ r ,_. TaxingAuthort' Taxable Taxable les ' Value: Value: Regional: $1,044,500 $01$783,140 County: $1,044,500 $0!$783,140 City: $1,044,500 $0/$783,140 School Board: $1,044,500 $0/$783,140 V V Exhibit"B" Schedule Of Tasks And Deliverables Page 13 of 13 V V EXHIBIT "B" SCHEDULE OF TASKS &DELIVERABLES TASK 1 - DESIGN PHASE improvements is limier this Atlas Packaging Inc. should cause for the proposed �u.r�v�������.�� --_=�__ 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: o Preliminary Engineering • o Field Investigations o Existing Conditions Analysis • Survey o Basis of Design o Final Design The maximum disbursement under this phase shall not exceed 6% or $12,000.00 for reimbursement purposes. TASK 2- PERMITTING o Obtain all permit approvals from DERM and City of Opa-locka Building Department An allowance of$ 2000 is available under this task for reimbursement purposes. TASK 3 -BID AND AWARD o Preparation of bid documents o Selection and award of contract 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 EXHL':IT "B" Page 2 of 2 review and concurrence. Firms shall be all in good standing with no previous disbarment history or disciplinary issues with the City of Opa-locka. TASK 4 P CONSTRUCTION Upon concurrence and award of the contract, Atlas shall cause the pump station construction to begin and the work take place according to the minimum steps outlined in tasks 4 & 5. The maximum budget authorized under this phase shall not exceed $186,000.00. = Construction of nc--,'w station o Continued operation of existing station G Coordination with City for construction inspections TASK 5 - COMMISSION AND CONVEYANCE o Start up by pump manufacturer ® Transmission of station manuals e Submission of as-built drawings to City • Final certification of station by DERM Sponsored by: City Manager, Resolution No. 10-8072 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING TjT CITY 11.f a.RT 1 l'Tf Tr A1'711-s-; JT PLrI+ t f TP a �v.vt i an 1, 'c..i I A 1YtfTl lrt,Jajn t t.i L Iti .%{ad3 Lvii i i�iAV l 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$210,000. I - . Resolution No. 10-8.072 Section 3, This resolution shall take effect immethatety upon adoption. PASSED AND ADOPTED THIS 26.th. DAY OF). ,,t.' 1.Q. ______.------------ . , _. 14\le Jr0StRa L-, ;CELLI Y 1 I n „....• ,-.-7_1.45 - ! ) , At - . 4 1 , ''° ‘ : _..,,i , ,: '-- , , .1:67-017,tft.''elder - .:, w w v Clboriti'S. 11-.14 City-Clerk • Movz.d,I# ICIIiliWON Stc-ondeiS,Iiy,; KOliMiES i - CorturtMfoil vote: 5::-0 CO Mrt115.silo rig:$.10,117tg.s; YES Commissioner Wiltsa:- YES Corn4s5kIntr,%Au,s;: YES Vice,klaiy,oglavIvr: YS. MalOr Kat q,,i: i 1 • tas604.4 v/ ADDENDUM TO AGREEMENT FOR WASTEWATER INFRASTRUCTURE IMPROVEMENT "PUMP STATION 14" BETWEEN THE CITY OF OPA-LOCA AND ATLAS PACKAGING, INC. AND SHIELDS, LLC This Addendum to Agreement for Wastewater Infrastructure Improvement"Pump Station 14" between the City Of Opa-Locka and Atlas Packaging, Inc. and Shields, LLC ("Addendum") is made and entered into effective as of June e . 2010 by and between the City of Opa-Locka, a political subdivision of the State of Florida (the "City") and Atlas Packaging, Inc., a Florida corporation and Shields, LLC, a Florida limited liability company (collectively"Atlas"). Whereas_ the City, and Atlas entered t ^___-- en _ --_- Q�;: �.a����-+urnc�nr ivr vi�iucTCi�i]*cr Infrastructure Improvement "Pump Station 14" between^the parties dated November 19,2009 (the"Contract") and desire to amend said Contract. Now, therefore, in consideration of the mutual covenants contained herein and in the Contract, the receipt and adequacy of which is hereby acknowledged, the Contract is hereby amended in the manner set forth below. 1. The Recitals are true and correct and are incorporated herein by reference. 2. In the event of any inconsistency between the terms of terms of the Contract and the terms of this Addendum, the terms of this Addendum shall control. 3. The Contract costs, pursuant to paragraph 12, of the Contract is hereby increased from $200,000 to $210,000. 4. The term of the Contract, pursuant to paragraph 15 thereof, is hereby extended for an additional ninety (90) days. 5. This Addendum may be recorded in the public records of Miami-Dade County, Florida for the purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions contained herein. Atlas shall pay all recording fees. 6. This Addendum may be executed in counterparts each of which taken together shall constitute one and the same instrument. 7. Except as hereby amended, the Contract is ratified, confirmed and stated to be in full force and effect. SIGNATURES ONLY AFTER THIS LINE ATTEST: CITY OF OPA-LOCKA BY:OZZ'A-41-64-1r-e(171-6bid-el-y-7 _...-- Deboraf 5. Irby, City Clerk Clarance Patterson, City Manager APPROVED AS TO FORM: affi /1, -Caft ./11, h JosephVG�fler, City Attorney \Ifi/ 2 C�� ATLAS P CKAGING, INC. WITNESSES: i By: ' 5 • Atlas Packaging, Inc./ Authorized Representative ATTEST: Y/U/A.-1 KnITTEST: Ii SL I_I ELD II ; WITNESSES: By: L '/ - t ( Shields, LLC AI Authorized Representative ATTEST. ATTEST: 1 STATE OF FLORIDA COUNTY OF I� 7)— C :SS the foregoing instrument vas acknowledged bef me this day of U I , 2010, by ��(S�2.h'x) ' -c'en0Y3 L of atal Packaging, Inc., a Florida corporation who is 0 personally known to le o = .:,<= : ced as identification. Coma COM3275 Expires 9/ 099 Notary PC1bIk-State of ": Printed Nadme of Notary STATE OF FLORIDA ) COUNTY OFhria'Yii-:i' .,yc1 - jss II The foregoing instrument was acknowledged before me this i da of , 2010, byTL(.WH -,9 iii2f;15 as ha }r m...... ... .�:. . •war- Florida limited liability company who is Q personally known to me or O! = % prediacflAcumws as identification. =kt moires 1/251201i Ii / / fa s es .euw.aae.aa;sail ugraaaav [rotary P 6Iic- St to of � ri/k Printed Nailne of Notary 1482120 vl , 3 Pump S attolo 11 11/2009 Original Agreement Signed 03/17/10 DEP Plan Review Fee 500.00 04/2010 Final bids obtained and agreement modified for additional time and money 210,000.00 nr/nnAV NN_1__1_1_ vvi_U i v Viaici is i3 vii.i i 08/11/10 Site preparation begins 08/11/10 Removal of vegetation.. 2127.00 08/13/10 Site excavation.. 1,659.00 08/16/10 Relocation of an existing fire hydrant. . 768.00 09/10/10 Repair of existing force main. 3,169.00 09/24/10- Beginning of problems maintaining station due to problems detailed earlier 17,265.86 10/26/10 09/28/10 Addition of a bypass pump. 6,477.04 09/28/10 Upgrade the discharge piping.. 9,184.5 10/26/10 Submersible pump damaged... 9,590.00 10/26/10 Project goes on hold to get better understanding of the problems 11/15/10 Atlas Engineer reviews new flow data obtained by former City Engineer. . 300.00 11/15/10- New plans developed and bids obtained to connect new and old wet wells with former City Engineer 03/22/11 03/22/11 New City Engineer takes over project 11/18/11 New plans approved and new contracts signed with subs and Republic Metals 198,097.58 04/25/12 Construction of new plans completed and pump station off moratorium 06/12/12 Replace temporary pumps with permanent pumps 1 r HST 250 Springview Commerce Drive SPECIALIST IN FLUID MOVEMENT I?e}3ary Ill 32?t3 `� Anne: (so0)323-1.731 abs Phone: (407)330-3456 Fax: (407)33U- 41 ioydr•raset 'ire.oe Wednesday, December 05,2012 Mohammad Nasir, P.E. Interim Director of Public Works Public Works & Utilities Department City of Opa Loelea, 12950 NW 42 Avenue Opa 7.oek n.,.Pp 3305'.1 REF: Pump Elation 14—Contractor Rose Engineering still owes our company 530,000 I want to thank you for taking the time this past Tuesday to meet with me. As we discussed,please find attached the invoice and copies of the checks received from Rose Engineering for the equipment supplied for Pump Station 14. As you know the invoice is dated 1-19-2012. As of to date the balance owed is $30.000. My corporate office has been desperately trying to collect this balance for months and months with no results. l have been told to communicate with you on this matter so you can help us. Both Republic Metals and Atlas Packaging have stated that they have already paid Rose Engineering in full.As we have discussed, Rose still owes us a balance of$30,000. I have been communicated that Rose Engineering has submitted a bill to Republic Metals outside of the original scope and that they have in turn submitted this bill to the city of Opa Locka for approval. See the copy of the email correspondence attached. Please consider this letter as a formal request to direct that payment to us Mohammad..As you know this is our only and last means to obtain payment from Rose Engineering without resourcing to a legal venue. We want to settle this matter promptly and definitely with your help. We appreciate gr,eatly your help on this matter. Respectfully, f / /r j •. Arturo rcia Regioi1 Manager Ilydraa Service LSI Inc. 250 Spningview Commerce Drive DeBary FL 32713 Phone: 407-330-3456 Fax: 407-330-3404 SPEcekes W FWU)MQvEMEr4T Hydra Service (S), Inc. Invoice P.O. Box 365 Customer Number 2104 Highway 160 188306 Warrior AL 35180 205-647-5326 Invoice No 11856 BM To: JAMES ROSE Ship To: ROSE SEPTIC TANK CO., INC. ROSE SEPTIC TANK CO., INC. DBA:ROSE ENGINEERING CON. DBA:ROSE ENGINEERING CON, 8295 N,W. 93 ST, 82.95 N.W. 93 ST. MIAMI FL 33166 MIAMI FL 33166 Date Salesperson Order Date Order No Purchas.e Order o Special Instructions , 3131 ao 1 2 J 842 L 1119/2012 1 02803 I 111214-1A&REV1 j SE FREIGHT i SHIP DiRECfi[iI Qty.Shipped UN Description/Stook Number Code Unit Price Amount PROJECT:CITY OF OPA LOCKA PS# 14 QUOTE: 111214-1AG-REV1 1.00 EA ABS MODEL XFP150G-CB1.3-PE185/4, 1505 I $000 24.8HP, 230113-460Hz,49FT CABLES DUTY POINT: 500GPM(g 62 TDH PN: 08958195 SN:0003971 1.00 EA ABS MODEL XFP1500-C61.8-PE16514, 1505 $0.001 24.8KP,230V/3,460Hz,49FT CABLES DUTY POINT:8000PM @ 52 TDH PN:08956198 SN:0003972 2.00 EA ADDER FOR CORROSION PROTECTION ON 1502 $0.00i POVVER/CONTROL CABLES FOR BOTH PUMPS:VA25 CABLE SLEEVES,49FT CABLES 2.00 j EA ADDER FOR CORROSION PROTECTION ON 1502 $0.001 PUMPS:ZINC ANNDOES PN: 13905000 2.00 EA ADDER FOR CORROSION PROTECTION ON 1502 $0.00: PUMPS:EPDXY COATING FOR PUMPS; le milsOFT 2.00 EA 61705.092 REPAIR KIT,XFP PE3 1502 $0.00 2.00 J EA 61240170 SEALMINDER RELAY, 115V 1502 $0.001 2.00 EA 62320655 GUIDE RAIL ASSY WI INTEGRAL 1502 $0.001 ELBOW, 6"DISCHARGE,2"SINGLE RAIL 2.00 EA ADDER FOR ANODES FOR INTEGRAL. 1502 $0.00 ELBOW 2.00 1 EA ADDER FOR EPDXY COATING ON GRA 1502 I $0.001 2.00 HR ZINC ANNODE MOUNTING 1107 $0.001 2.00 EA HARDWARE KIT(PUMP TO SLIDE BRACKET) 1502 PN:62306250, , . Hydra Service (5),.Inc. Invoice P.O. Box 365 Customer Number 2104 Highway 160 I 186306 Warrior AL 35180 205-847-5326 ! -- Invoice No. 11856 .._ BIll To: JAMES ROSE Ship To: ROSE SEPTIC TANK CO., INC. ROSE SEPTIC TANK CO., INC. DBA:ROSE ENGINEERING CON. DBA:ROSE ENGINEERING CON. 8295 N,W. 93 ST. 8295 N.W. 93 ST. MIAMI FL 33166 MIAMI FL 33166 _ Data Salesperson Order Date Order No. Purchase Order No Special InstiuctionsJ 5.131/9012 1 s49 1 1/19P012 : 1"11(11 111214-1AG-RE"' 1 QE FREV=HTISHIP DIRECT PUM Qty Shipped Shipped UM Description i Stock Number Code Unit Price Amount 2.00 ' EA 82036171 UPPER GUIDE, 2" SNGL RL, 31e58 1502 p0.00 2.00 EA 82036452 2"SING. RL,INTERMED,6"DISC 1502 0D0, 40.00 FT 82047007 GUIDE RAIL,2", 3168S, SCH40 1502 $0.001 NOTE:2 STICKS OF 20Fr EACH 1.00 EA 82036159 CABLE HOLDER/FLOAT BRACKET 1502 $0.00 4,00 EA 82046995 50'NO FLOAT SWITCH, MERCURY 1502 S0.00 8.00 EA 82047022 ANCHOR BOLT,5/8"X 8",31658 1502 10.00 EA 82047020 ANCHOR BOLT, 3/8"X 3", 31688 1502 WOO, 50.00 FT 82047058 CHAIN, 5/16"DIAMETER, 31e53 1502 $0.001 MATERIALS NOTE:2 LENGTHS OF 25FT EACH 2.00 EA 82047015 SHACKLE 5116",31688 MATERIALS 1502 1.00 EA 82020035 MODIFICATION OF EXISTING 1502 $0.001 PANEL, 25HP,230V,3—, 70.7A, PER ELECTRICAL PLANS PROVIDED, OPA LOCKA P814 1.00 EA $2020037 MODIFICATION OF EXISTING 1 0802 $0.00 PANEL,28HP,230V,3—, 70,7A, PER . INSTRUCTIONS PROVIDED,with UL and ARC i I FLASH,and DRAWINGS,OPA LOCKA PS_14 (aoonrci from 82020034 panel) 1.00 EA ENIGNEERING SUPPORT 1502 $0.00 1.00 EA 62047065 SOFT FLOAT SWITCH, MC., 1502 $0.00 MERCURY 1.00 EA TOTAL PRICE INCLUDING FREIGHT AND 1505 $51,915.00 $51,915.00 START UP START UP-TWO DAY 1.00 HR Service Cali Sanford-TRAVEL TIME-ROUND ' 1108 TRIP 1.00 MI Service-Mileage Sanford Fl.-ROUND TRIP 1109 $0.00 1.00 HR , Service Call Sanford-ON SITE TIME 1108 . $0.00 1 Payment/Terms: Net 30 Due by 6/30/2012 Subtotal $81,915.00 6.000% Tax .q.164.90 Freight Charges Received By: x , f Total Amount Due II579. 5,06'0 . 0 — DEPOSIT i 1 .., 1111111111111:11 ' I 1 A"'"•• TICKET TOTAL ITEMB loll __i_ I 'I' . , . / 111111111111111 ClIEPtralar Arrg if= '.1>) --,...„. _ WAL i I l 1 , :.■1.1 L..:434::) 1 i 1 f 1 . i i t I ■ . , • I ' ' ' 1 , 1 '• ' _ . REIMER MANI)TOTAL R: : 1 ..--..., . , • , ,,:, ,. ea n l a 0 0 to.: 0 44 n ri tt it A 1111 .Et 0 N't 410 IN SCREENED DIDEES HYDRA.SISIWIC14/11)lite P..0,BOX Y55 A/ARFbOri,AL aS180. BBVA Compass ct:::--ft-:' 0:13i; 200 111311.1 307 73'4S OP &O 4.0=000 liA0 OM=f0710TP5010 Mr=01,0-If 00:30,C:OT,PP,R002,A.rea003 POA DiR01T 00,..3 TK 00000 Dra.e orrona■C0-060:01.teMDE ktzta AM,xarve..ozA CaLM704A01004017: Bank of America"'to?, Cashier's Check No. 8 6 38 6 64 1;t i.,1411-,,,biin ,1■,/ 1111a..,d 01.4.4 .1.14. 1 te.r.mr:5 r-,,,,,s,sa74,,c711.:....71,.. . NOVEMBER Di-,.,2ola 4-,- -3114)H-RI . 1 .10■11,:n ' ,-11.1 ra''''>"' '' '.. 11.-ell• `: '7 , 4 F Winking MEDLEY 2 s Center , . 0002732 00005 .0008630664 ROSE.SEPTIC TANK CO INC Q Remitter(PureItasod/Ay) Q. rd 11874.74** ... cp Pay "'ELEVEN THOUSAND EIGHT HUNDRED SEVENTY FOUR DOLLARS AND 74 CENTS*4 $ ne NTo '7 -.. Th. i ‘ ...A (k. "HYDRA SERVICE,SERVICE, INC`"Of II++.1 Autherimst$igna—t se / .. D.Q£ofAsnerit "H e.KA- VOM AFTER 9*DAVE sks• Antonia,Teaa$ 086 366E,I,tr* 4 r`: I. Lit0000 L CIP: 00 i 6 ill &00 206 2ir W In ORIGINAL DOCUMENT HAS REFLEZTIVE WATERMARK ON THE BACK_ THE ORIOIHAI.dX)CUMENIT HAS REFLECTIVE WATERMARK ON THE DACE I , - , - , , DEPOSIT J__ J ; 1 l' 1, I i . , I TICKET _l___ , , TOTAL!TEldl.,5 A 3 . 1 i ' I ' 1 / ---- ! CS. i i I . T , • i - , 1 , _j DEFESITEMArNar BE AYMMILE FOR 1 : r f , , . 1 ■ 1 . 1 . 1 r . ilig ibtafe09117 WIMNLAPIAL I I 1 j ggr, - r2C4 `1.7sQl z U i ' I 4g !r• ' til j 1 - ! , ,..,. ..... 1... A.*e......., , ■ i I I i A ! 11-',' Z 0,0 • "4-',- iA,711 A raig I% - ntrcZEGNReaottkECTI HYDRA ti:E.-SIVICE(S)INC P.0,BOX 3C5 WARR1GP.AI. :35 1 t-..4.1 8 WA Compass =-'''''9Z" .2,' 3 Q D\STI l„, 10 ECO 1, &ELI°. 10 ? ? 3F15 010 ' 0 ,,.,,,,,,„,,...,,,3,73 es.e,..•,ty_7.r,I.:-.,170,F,1 man,7.,..,-.9125.7:g CtsgC, ,..g.)nignrrw...,; =,......,2,eco,asm,... .. 1.1..z,..1 rt.,a.m.,.,'L'.,, •fe tle 04 4,/c.:1N,,,a,...,,W..:1. 7,4 41.,■,...?..p...,£14.-rx.tEc.ra,i,. ..17..rt ,,._____ 'I.L1_01,11.1T,44TED MATIY3KAL 5A1-q:- ,,'4,f LAYZS e,ANY.WC., •E'ITEP. N 0(---; '..3, Packa.sin-s g, D'Epkays Fil Pil'AM ...6,,KiSr.F.IVE- FLORIOA 3,1i1= pLA 1...i,:_, 3,-,__ ( , Different by Deign 3 3 11 ti5:We,341.h AvE,. Miami,F.E..3:30:=1,4 _53...33.4 VO Yet:I:AM XI.?-.5 479S TEN THOUSAND TWO HUNDRED FIVE AND 16/100 DOLLARS CHECK NO, DATE AMOUNT PAY f3279 08/10/12 *t***10,205.1f TO THE HYDRA SERVICE INC ORDER OP_ ,,, t ATLAS PAZIAADING A OtSPLAis- ,-- 0 0 6 2790 I:0 6 700,-ig,4 60: 00 ? 113 730 1 ilo BANK Of AMERICA: 048645 JACKSONVLLE,FLORIDA ROSE ENGINEERING CONTRACTORS A OPASION OF ROSE SEPTIC TANK CO ,INC. 53-053c 0295 NW 93RD STREET MIMAI,FL 33166 305-85-9405 -.- Three Thousand and 00/100 Dollars PAY DATE AMOUNT '0 THE HYDRA SERVICE (S} , i\-IC. Aug 16, 2012 P 0 130X 364 3RDER , -:-A--: WARJEtIOR, AL 35180 ..-..".' ''... • -•-'''—'6.-en.,CV 617 (>- (-:..,,.,._.., :14) Al.T1.51". .7F--:f'41C,Na--...e.Sf- '------- c . G hww.atlaspackaging nc_cc m Day id Shetler. Estimator Rose Engineering Contractors 305-885-9405 office 305-281-9812 cell Original Message---m From:Arturo Garcia To David Sheeler(davidsCreseengineering.com • Sheeler Oavld ,r seenciineeringAbeilso.utr.net Cc: ?. E Mohammad t as r mnasir; Oralockar :a ' Pau. P b nsnn , ken A, 3roce ;. i Zachari S a;r ; (.h;p Meissner Sent: Friday, November 02,2012 11:31 AM Subject: Opa Locke PS 14 -Promise of full payment from Rose Engineering Jim: This email is to confirm your promise to pay the balance owed for PS 14 for 541,874,74 by Friday Nov 9,2012. in the form of a cashier's check according to the phone conversation you have had with Paul Robinson,General Manager,yesterday afternoon and this morning.In those discussions you have asked our company to waft until Friday Nov 9 by 5PM and have promised to pay the full amount owed. I will personally take the time to come into your office to pick up the check. We need a reply to this email as confirmation in writing with copies to all participants listed above as a commitment of your promise. Sincerely, Arturo Garcia Regional Manager Hydra Service(5)Inc. 15751 Sheridan Street, Suite 120 Ft. Lauderdale FL 33331 Office: (954)436 4748 Fax: (954)436 1151 Cell: (954) 240 9359 Cell: (954)483 9269 Email: agarcahvdraservice,net Visit us:at www.hvdraserviae net Olt —SeecIAL—ua w Ft+ao h+lesvF.nnErr, 2