Item 8AAGENDA ITEM # 8A
JiJNE 14, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sewer Rehabilitation in Salt Air Subdivision
SUBMITTED BY: Donna Kaluzniak, Utility Directo
DATE: May 28, 2010
BACKGROUND: The City's Sewer Master Plan Update recommended that the City use cured-in-place pipe
technology to upgrade the old, cracked clay sewer mains, and use lining to rehabilitate deteriorated manholes.
The City had limited funds available for sewer rehabilitation in the current fiscal year. Fortunately, staff was
able to obtain Hazazd Mitigation Grant Program funds, which will allow the City to complete a $400,000
project in the azea of the Salt Air Subdivision.
For past sewer rehabilitation projects, the City has piggybacked on existing JEA contracts. These are large
dollaz contracts that were competitively bid. JEA awazded a 3-yeaz, $9 million contract to Insituform
Technologies, Inc. There were two other bidders meeting qualifications, with Insituform as the low bidder at
approximately 26% below the other bidders. Insituform has completed several successful projects for Atlantic
Beach in the past.
For manhole rehabilitation, JEA has a 5-year, $4 million contract with Concrete Conservation, Inc.
Using the JEA contract unit prices for Insituform, the cost for cured-in-place pipe rehabilitation for the Salt Air
project is $340,000.
Using the JEA contract unit prices for Concrete Conservation, manhole rehabilitation is $149.25 per vertical
foot. For the 63 manholes (approximately 400 vertical feet), the cost for manhole rehabilitation for the project
is approximately $60,000.
BUDGET: A total of $282,000 from the HMGP grant and $118,000 of City funds are budgeted for this project
under account number 410-5506-535-6300.
RECOMMENDATION: Authorize Insituform Technologies, Inc. to provide cured-in-place pipe (CIPP) for
the Salt Air Sewer Rehabilitation Project in the amount of $340,000, using specifications and pricing in JEA
Contract No. 82768. Authorize Concrete Conservation, Inc. to provide manhole rehabilitation for the Salt Air
Sewer Rehabilitation Project in the amount of $60,000 using specifications and pricing in JEA Contract No.
88990. Authorize the City Manager to sign the contracts with Insituform Technologies, Inc. and Concrete
Conservation, Inc.
ATTACHMENTS: 1. Cost Estimate for CIPP using Insituform's JEA contract pricing
2. Agreement with Insituform Technologies, Inc.
3. Agreement with Concrete Conservation, Inc.
REVIEWED BY CITY MANA.~FR: QL __
AGENDA ITEM # 8A
JUNE 14, 2010
TASK SUMMARY /PRICING ESTIMATE -CIPP UNIT PRICE CONTRACT
PA #: o escrlptlon $ 339,984.10
Item
No. Spec
No. SC
No. Est.
Qty. Units Description
Atlantic Beach -Salt Air Unit Prices Total
Price
2
961.1
7,635
LF Furnish and install 8" CIPP lining, 6 mm
thick
$ 26.80
$ 204,618.00
3
961.1
1,426
LF Furnish and install 10" CIPP lining 6.0 mm
thick
$ 31.20
$ x4,491.20
4
961.1
425
LF Furnish and install 12" CIPP lining, 6.0
mm thick
$ 32.70
$ 13,897.50
44
963.4
221
EA Reconnect existing services using robotic
internal cutter
$ 175.00
$ 38,675.00
50 965 9,508 LF CCN and Li ht Clean 8" - 21" Dia i e $ 3.50 $ 33,278.00
7.3.16 Percent General Conditions 1.50% $ 5,o2a.ao
$ 339,984.10
5/28/2010 page 1 of 1
AGENDA ITEM # 8A
JiJNE 14, 2010
AGREEMENT
UTILIZING JEA CONTRACT # 82768
BETWEEN THE
CITY OF ATLANTIC BEACH
AND
INSITUFORM TECHNOLOGIES, INC.
FOR SALT AIR GRAVITY SEWER REHABILITATION
THIS AGREEMENT, made and entered into in duplicate this day
of , 2010 (hereinafter referred to as the "Effective Date"), by and
between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the
Constitution and the laws of the State of Florida, (hereinafter referred to as the CITY) and
INSITUFORM TECHNOLOGIES, INC., a corporation authorized to do business in Florida
with principal office at 6972 Business Park Blvd. Jacksonville, FL 32256 (hereinafter
referred to as the Contractor), for the Salt Air Gravity Sewer Rehabilitation (hereinafter
referred to as the Project).
WITNESSETH:
WHEREAS, effective August 1, 2007, JEA entered into Contract Number 82768
(hereinafter referred to as the "JEA Contract") with Contractor; and
WHEREAS, said Contract is in full force and effect until July 30, 2010 and has been
competitively procured and awarded by JEA as contracting authority according to Florida
law; and
WHEREAS, The Atlantic Beach Code, more particularly Section 2-336 (6), Code of
Ordinances authorizes and allows the CITY to use inter alia contracts of other local
governmental entities, including JEA, which have been competitively procured and awarded;
and
WHEREAS, the JEA Contract is broad enough to include the Project and Contractor
has agreed to allow the CITY to use its JEA Contract; and
WHEREAS, it is in the best interest of the parties to use the JEA Contract for the
Project and to add those contractual provisions the CITY is required to use by ordinance or
AGENDA ITEM # 8A
JUNE 14, 2010
policy; now therefore
IN CONSIDERATION of the premises and of the mutual covenants and agreements
hereinafter contained, and for other good and valuable consideration the parties agree as
follows:
ARTICLE 1: Incorporation of Recitals:
The above stated recitals are true and correct and, by this reference, are made a part
hereof and aze incorporated herein.
ARTICLE 2: Engagement of Contractor:
CITY hereby engages Contractor and Contractor hereby accepts said engagement for
the purpose of constructing Cured-in-Place Pipe for the Salt Air Gravity Sewer
Rehabilitation Project, as described in and according to the provisions of: the JEA Contract
and its exhibits, equipment descriptions and quotations made thereunder (hereinafter referred
to as the Work), and, by this reference, made a part hereof and aze incorporated herein; and in
accordance with the other provisions, required by law, ordinance or policy for the CITY,
contained in this Agreement. With respect to the Project, the provisions, terms and condition
of the JEA Contract shall apply unless specifically preempted herein. Therefore, any conflict
between the provisions of this Agreement and those in the JEA Contract shall be resolved in
favor of this Agreement, but only to the extent of any conflict.
ARTICLE 3: Coordination and Services Provided by CITY:
CITY shall designate a Project Manager who will, on behalf of the CITY, coordinate
with Contractor and administer this Agreement according to the terms and conditions
contained herein and in the Exhibit(s) attached hereto and made a part hereof. It shall be the
responsibility of Manager to coordinate all Project related activities with the designated
Project Manager. The CITY's Project Manager shall be: Tim Townsend, Special Projects
Manager (Telephone: 904-247-5839; FAX: 904-242-3475; E-mail: ttownsendncoab.us) or
other designee as directed by the Utility Director.
ARTICLE 4: Duration of Agreement/Pricing Available to Other Entities:
The term of this Agreement shall commence on the Effective Date and shall continue
AGENDA ITEM # 8A
J1JNE 14, 2010
and remain in full force and effect as to all its terms, conditions and provisions as set forth
herein, through a period of time which is the earlier of the Contractor's delivery and City's
acceptance of the Proj ect within the time period set forth in any purchase order or twelve (12)
months from the Effective Date.
ARTICLE 5: Payments for Services of Contractor:
5.1. Except as provided in Section 5.2 hereof, the CITY will compensate Contractor
for the Project in accordance with purchase orders issued and used by the City of Atlantic
Beach Purchasing Department; provided however, payment invoices shall be sent to the
authorized City representative as specified in said purchase order or other subsequent written
instrument signed by the City's Project Manager.
5.2. Notwithstanding any contrary provision, the maximum indebtedness of the
CITY for all fees, reimbursable items or other costs, to the Contractor for the Project,
pursuant to this Agreement, shall not exceed the amount of Three Hundred Forty Thousand
Dollars ($340,000) unless approved in writing by amendment to the Purchase Order.
ARTICLE 6: Notice:
Any and all required notice to the CITY under this Agreement shall be delivered by
certified mail, return receipt requested, or by other delivery with receipt to the following:
Donna Kaluzniak
Utility Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
dkaluzniak(c~~coab.us
ARTICLE 7: Conformance with Agreement Between City and Division of Emergency
Management:
The Project is being partially funded by the Hazard Mitigation Grant Program under a
contract with the State of Florida, Division of Emergency Management (Division), Contract
DEM No. IOHM-88-04-26-02-017. Contractor is bound by the terms of the Division's
-3-
AGENDA ITEM ~ 8A
JUNE 14, 2010
Agreement DEM No. l OHM-88-04-26-02-017. Contractor shall hold the Division and City
harmless against all claims of whatever nature arising out of the Contractor's performance of
work under DEM No. l OHM-88-04-26-02-017, to the extent allowed and required by law.
ARTICLE 8: Laws, Ordinances, Rules and Regulations:
In the construction of the Project, the Contractor must comply with any and all
applicable federal, state and local laws, rules, regulations and ordinances, as the same exist
and may be amended from time to time. Such laws, rules, regulations and ordinances shall
include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records
Law) and Section 286.01 1, Florida Statutes, (the Florida Sunshine Law), as they apply to the
Project contemplated in this Agreement. If any of the obligations of this Agreement are to be
performed by a subcontractor, the provisions of this Section shall be incorporated into and
become a part of the subcontract.
ARTICLE 9: Conflict of Interest:
The parties will follow the provisions of applicable ordinances and laws with respect to
required disclosures by public officials who have or acquire a financial interest in a bid or
contract with the CITY, to the extent the parties are aware of the same.
ARTICLE 10: Non Discrimination:
The Contractor represents that it has adopted and will maintain a policy of non
discrimination against employees or applicants for employment on account of race, religion,
sex, color, national origin, age or handicap, in all areas of employment relations, throughout
the term of this Agreement. The Contractor agrees that, if any of the Services to be provided
pursuant to this Agreement are to be performed by a subcontractor, the provisions of this
Article shall be incorporated into and become a part of the subcontract.
ARTICLE 11: Counterparts:
The parties agree that for the execution of this agreement, time is of the essence. Therefore,
this Agreement, and all amendments thereto, may be executed in several counterparts, each
-4-
AGENDA ITEM # 8A
JUNE 14, 2010
of which shall be deemed an original, and all of such counterparts together shall constitute
one and the same instrument. The parties further agree that facsimile ("fax") or a-mail
transmission of all signatures with originals to follow shall constitute and be evidence of an
executed Agreement.
(Remainder of page is left blank intentionally. Signature page follows immediately.]
-5-
AGENDA ITEM # 8A
JiINE 14, 2010
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF ATLANTIC BEACH: by
Jim Hanson, City Manager
ATTEST:
Signature
Print Name:
Title:
INSITUFORM TECHNOLOGIES, INC.: by
ATTEST:
Signature
Print Name:
Title:
Print Name/Title
-6-
AGENDA ITEM # 8A
JUNE 14, 2010
AGREEMENT
UTILIZING JEA CONTRACT # 88990
BETWEEN THE
CITY OF ATLANTIC BEACH
AND
CONCRETE CONSERVATION, INC.
FOR SALT AIR GRAVITY SEWER REHABILITATION
THIS AGREEMENT, made and entered into in duplicate this day
of , 2010 (hereinafter referred to as the "Effective Date"), by and
between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the
Constitution and the laws of the State of Florida, (hereinafter referred to as the CITY) and
CONCRETE CONSERVATION, INC., a corporation authorized to do business in Florida
with principal office at 9716 Florida Mining Blvd. W., Jacksonville, FL 32257-2028
(hereinafter referred to as the Contractor), for the Salt Air Gravity Sewer Rehabilitation
(hereinafter referred to as the Project).
WITNESSETH:
WHEREAS, effective March 25, 2008, JEA entered into Contract Number 88990
(hereinafter referred to as the "JEA Contract") with Contractor; and
WHEREAS, said Contract is in full force and effect until Apri130, 2011 and has
been competitively procured and awarded by JEA as contracting authority according to
Florida law; and
WHEREAS, The Atlantic Beach Code, more particularly Section 2-336 (6), Code of
Ordinances authorizes and allows the CITY to use inter alia contracts of other local
governmental entities, including JEA, which have been competitively procured and awarded;
and
WHEREAS, the JEA Contract is broad enough to include the Project and Contractor
has agreed to allow the CITY to use its JEA Contract; and
WHEREAS, it is in the best interest of the parties to use the JEA Contract for the
Project and to add those contractual provisions the CITY is required to use by ordinance or
AGENDA ITEM # 8A
JUNE 14, 2010
policy; now therefore
IN CONSIDERATION of the premises and of the mutual covenants and agreements
hereinafter contained, and for other good and valuable consideration the parties agree as
follows:
ARTICLE 1: Incorporation of Recitals:
The above stated recitals are true and correct and, by this reference, are made a part
hereof and are incorporated herein.
ARTICLE 2: Engagement of Contractor:
CITY hereby engages Contractor and Contractor hereby accepts said engagement for
the purpose of constructing Manhole Rehabilitation for the Salt Air Gravity Sewer
Rehabilitation Project, as described in and according to the provisions of: the JEA Contract
and its exhibits, equipment descriptions and quotations made thereunder (hereinafter referred
to as the Work), and, by this reference, made a part hereof and are incorporated herein; and in
accordance with the other provisions, required by law, ordinance or policy for the CITY,
contained in this Agreement. With respect to the Project, the provisions, terms and condition
of the JEA Contract shall apply unless specifically preempted herein. Therefore, any conflict
between the provisions of this Agreement and those in the JEA Contract shall be resolved in
favor of this Agreement, but only to the extent of any conflict.
ARTICLE 3: Coordination and Services Provided by CITY:
CITY shall designate a Project Manager who will, on behalf of the CITY, coordinate
with Contractor and administer this Agreement according to the terms and conditions
contained herein and in the Exhibit(s) attached hereto and made a part hereof. It shall be the
responsibility of Manager to coordinate all Project related activities with the designated
Project Manager. The CITY's Project Manager shall be: Tim Townsend, Special Projects
Manager (Telephone: 904-247-5839; FAX: 904-242-3475; E-mail: ttownsendncoab.us) or
other designee as directed by the Utility Director.
ARTICLE 4: Duration of Agreement/Pricing Available to Other Entities:
The term of this Agreement shall commence on the Effective Date and shall continue
AGENDA ITEM # 8A
JUNE 14, 2010
and remain in full force and effect as to all its terms, conditions and provisions as set forth
herein, through a period of time which is the earlier of the Contractor's delivery and City's
acceptance of the Project within the time period set forth in any purchase order or twelve (12)
months from the Effective Date.
ARTICLE 5: Payments for Services of Contractor:
5.1. Except as provided in Section 5.2 hereof, the CITY will compensate Contractor
for the Project in accordance with purchase orders issued and used by the City of Atlantic
Beach Purchasing Department; provided however, payment invoices shall be sent to the
authorized City representative as specified in said purchase order or other subsequent written
instrument signed by the City's Project Manager.
5.2. Notwithstanding any contrary provision, the maximum indebtedness of the
CITY for all fees, reimbursable items or other costs, to the Contractor for the Project,
pursuant to this Agreement, shall not exceed the amount of Sixty Thousand Dollars ($60,000)
unless approved in writing by amendment to the Purchase Order.
ARTICLE 6: Notice:
Any and all required notice to the CITY under this Agreement shall be delivered by
certified mail, return receipt requested, or by other delivery with receipt to the following:
Donna Kaluzniak
Utility Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
dkaluzniak(c~coab.us
ARTICLE 7: Conformance with Agreement Between City and Division of Emergency
Management:
The Project is being partially funded by the Hazard Mitigation Grant Program under a
contract with the State of Florida, Division of Emergency Management (Division), Contract
DEM No. IOHM-88-04-26-02-017. Contractor is bound by the terms of the Division's
-3-
AGENDA ITEM # 8A
JUNE 14, 2010
Agreement DEM No. l OHM-88-04-26-02-017. Contractor shall hold the Division and City
harmless against all claims of whatever nature arising out of the Contractor's performance of
work under DEM No. l OHM-88-04-26-02-017, to the extent allowed and required by law.
ARTICLE 8: Laws, Ordinances, Rules and Regulations:
In the construction of the Project, the Contractor must comply with any and all
applicable federal, state and local laws, rules, regulations and ordinances, as the same exist
and may be amended from time to time. Such laws, rules, regulations and ordinances shall
include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records
Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law), as they apply to the
Project contemplated in this Agreement. If any of the obligations of this Agreement are to be
performed by a subcontractor, the provisions of this Section shall be incorporated into and
become a part of the subcontract.
ARTICLE 9: Conflict of Interest:
The parties will follow the provisions of applicable ordinances and laws with respect to
required disclosures by public officials who have or acquire a fmancial interest in a bid or
contract with the CITY, to the extent the parties are aware of the same.
ARTICLE 10: Non Discrimination:
The Contractor represents that it has adopted and will maintain a policy of non
discrimination against employees or applicants for employment on account of race, religion,
sex, color, national origin, age or handicap, in all areas of employment relations, throughout
the term of this Agreement. The Contractor agrees that, if any of the Services to be provided
pursuant to this Agreement are to be performed by a subcontractor, the provisions of this
Article shall be incorporated into and become a part of the subcontract.
ARTICLE 11: Counterparts:
The parties agree that for the execution of this agreement, time is of the essence. Therefore,
this Agreement, and all amendments thereto, may be executed in several counterparts, each
-4-
AGENDA ITEM # 8A
JCJNE 14, 2010
of which shall be deemed an original, and all of such counterparts together shall constitute
one and the same instrument. The parties further agree that facsimile ("fax") or a-mail
transmission of all signatures with originals to follow shall constitute and be evidence of an
executed Agreement.
[Remainder of page is left blank intentionally. Signature page follows immediately.]
-5-
AGENDA ITEM # 8A
JiJNE 14, 2010
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
CITY OF ATLANTIC BEACH: by
Jim Hanson, City Manager
ATTEST•
Signature
Print Name:
Title:
CONCRETE CONSERVATION, INC.: by
Signature
Print Name/Title
ATTEST:
Signature
Print Name:
Title:
-6-