HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-075Temp. Reso. #12055
June 22, 2011
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- 7 > -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO PURCHASE ONE
CLORTEC CT-450 HIGH EFFICIENCY ELECTRODE FROM
CARTER & VERPLANCK, INC., PER THE QUOTATION
ISSUED ON JUNE 16, 2011, IN AN AMOUNT NOT TO
EXCEED $42,150.00; AUTHORIZING THE APPROPRIATE
BUDGET AMENDMENTS FOR SAID PURPOSE;
APPROVING FUNDING FOR THIS PROJECT FROM THE
APPROPRIATE BUDGETED UTILITIES OPERATIONAL
ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac owns, operates and maintains a Water Treatment
Plant located at 7803 NW 615t Street; and
WHEREAS, the City of Tamarac currently owns, operates and maintains a ClorTec
CT-900 Sodium Hypochlorite Generator system that was started up in March 2005 and is
rated to produce up to 900 pounds per day of equivalent chlorine; and
WHEREAS, the ClorTec CT-900 Sodium Hypochlorite Generator system has been
inoperable since October 12, 2010 due to the failure of one of the two ClorTec CT-450
high efficiency electrodes; and
WHEREAS, the City of Tamarac has significant capital invested in the ClorTec CT-
900 Sodium Hypochlorite Generator system at the Water Treatment Plant and this system
is the primary unit permitted by the Florida Department of Protection (DEP) and the Florida
Department of Health to produce sodium hypochlorite for the Water Treatment Plant
Temp. Reso. #12055
June 22, 2011
Page 2 of 4
disinfection process; and
WHEREAS, General Condition #6 of the WTP Construction Permit #0126705-082-
WC issued on Feb 27, 2004 by the Florida Department of Health to construct the sodium
hypochlorite systems states, "The permittee shall properly operate and maintain the facility
and systems of treatment and control that are installed and used by the permittee to
achieve compliance with the conditions of this permit as required by Department rules";
and
WHEREAS, while bulk 12.5% sodium hypochlorite has been utilized effectively for
the past 8 months at the Water Treatment Plant, it has resulted in increased chlorination
costs of $45.75/day or $16,700/year; and
WHEREAS, approved funding in the amount of $50,000.00 is available in the
adopted FY 2011 Water Treatment Plant Operational Budget under Account #441-6020-
533-46-14 which is sufficient to fund the cost of $42,150.00 for the ClorTec CT-450 high
efficiency electrode; and
WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing
and Contracts Manager that the appropriate City Officials purchase one (1) ClorTec CT-
450 high efficiency electrode able to produce 450 pounds/day of equivalent chlorine
utilizing the pricing, terms, and conditions contained in the quote from Carter & VerPlanck,
Inc., dated June 16, 2011 in an amount not to exceed $42,150.00 (a copy of which is
attached hereto as "Exhibit A"); and
WHEREAS, Carter & VerPlanck is the sole source for the purchase of ClorTec
replacement parts for the South Florida area; and
L
Temp. Reso. #12055
June 22, 2011
Page 3 of 4
WHEREAS, Article V, Section 6-151(3) of the Tamarac City Code permits the waiver
of purchasing procedures for instances where only one (1) viable source is available in the
marketplace for the purchase; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to waive competitive
purchasing procedures and to purchase one (1) ClorTec CT-450 high efficiency electrode
able to produce 450 pounds/day of equivalent chlorine utilizing the pricing, terms, and
conditions contained in the quote dated June 16, 2011 from Carter & VerPlanck, Inc., the
sole source for this part, in an amount not to exceed $42,150.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof and all exhibits referenced and attached hereto are incorporated
herein and made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to waive
purchasing procedures as outlined in Article V, Section 151 (3) of the Tamarac City Code
to purchase one (1) ClorTec CT-450 high efficiency electrode able to produce 450
pounds/day of equivalent chlorine from Carter and VerPlanck, Inc., the sole source for this
part, utilizing the pricing, terms, and conditions contained in the quote from Carter &
VerPlanck, dated June 16, 2011, in an amount not to exceed $42,150.00
SECTION 3: The $42,150.00 is approved to be funded from the appropriate
budgeted Utilities Operational account.
Temp. Reso. #12055
June 22, 2011
Page 4 of 4
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application; it shall not affect the validity of the remaining portions or applications of
this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of ,
2011.
ATTEST:
PETER M. J. RICH R SON, CRM, CMC
CITY CLERK.
-
ao ESTABLISHED o
1963
:0 SEAL • �:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO,.FORM.
SAMU EL S. GOREN
CITY ATTORNEY
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1:
COMM. SW SON �-'�--f- —"
DIST 2:
V/M GOMEZ �:=--
DIST 3:
COMM. GLASSER
DIST 4:
COMM. DRESSLER '
"EXHIBIT A"
CARTER I VERPLANCK TR #12066
POST OFFICE BOX 24169 Phone; 813,287,0709
TAMPA, FLORIDA 33623 Fax; 813.282,8216
www. ca rterve rpla nck, com
f'y
Quotation
To: City of Tamarac, FL
Attn: John Fletcher
Date: June 1.6, 2011
Electrode Replacement
..WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
1 I ClorTec CT-450 high efficiency electrode, able to produce 450 Ibs/day of free available chlorine
including labor to install, freight and start-up in one trip.
�42,15Q.00
(price Does Not Include Sales Tax)
P/ease Note:
1, We afo not include sales tax pressure gauges, anchor bolts, wire cable, conduit, piping,
installation, hook-up, field testing, control panels or any other accessories or other ancillary
items which are not specifically called out in this scope of supply.
Z. Under no circumstances will Carter & VerPlanck, Inc. or its suppliers be liable for any
incidental, consequential, liquidated, special or late delivery damages whatsoever.
3. Payment terms are 100% net 30 days from installation with approved credit. Our prices
based upon no r t ina e.
4. Pricing is based upon Carter & VerPlanck, Inc. and the manufacturer's Standard Terms and
Conditions of Sales. Copies of these documents are attached herewith for your review and
reference. No other terms or conditions of sale will apply unless accepted in writino by an
officer of th cam
TERMS: 100°/o Net 30 days after invoice date
-WITH CREDIT APPROVAL
QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX
PAYABLE UNDER ANY STATE OF FEDERAL STATUE
Page I
CARTER & VERPLANCK, INC.
BY Xen "1Va(ker, P.T.
CARTER d VERPLANCK
POST OFFICE BOX 24169 Phone: 813.287.0709
TAMPA, FLORIDA 33623 ! Fax: 813.282.8216
www.cartetverplanrte com i.
y
Quotation
To: City of Tamarac, FL
Attn: John Fletcher
Date: June 16, 2011
Electrode Replacement
WE ARE PLEASED Tp (knj YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 36 DAYS
TERMS & CONDITIONS OF SALE
1) Neither Carter & VerPlanck, Inc. nor the manufacturer(s) will be liable for damages of any kind, whether direct, consequential, incidental, special or
liquidated.
2) The quoted price may include systems or components from more than one vendor. Carter & VerPlanck, Inc., will provide separate prices for
individual systems or components upon request, although the total price of all items quoted may vary as a result.
3) Price does not include any gauges, gauge cocks, tools, lubricants, installation, anchor bolts, spare parts, start-up service or other items not
specifically called out herein,
4) Price does not include any motor starters, controls, or power factor correction devices other than as specifically called out herein.
5) THE WARRANTY EXTENDED BY THE MANUFACTURER(S) IS IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES OR WARRANTIES OF MERCHAN-
TABILITY, FITNESS OR OTHERWISE, EITHER EXPRESS OR IMPLIED, BY FACT OR BY LAW, AND STATES OUR ENTIRE AND EXCLUSIVE LIABILITY AND
BUYER'S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OR FURNISHING OF GOODS OR PARTS, THEIR
DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATION. WE FURTHER SPECIFICALLY EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES
REFERENCE UNDER FLORIDA STATUTE #718,203. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
6) NOT INCLUDED, Unless specifically set forth in the scope of the quotation, this offer does not include:
- start-up assistance or field services
interconnecting wiring and/or conduit
installation labor
installation supervision
motor control equipment
motor starters or contactors
power distribution equipment
miscellaneous mechanical and mounting hardware
7) FREIGHT:
A) All prices are F.O,B. factory or suppliers' shipping point with freight prepaid and included to the jobsite,
B) Title and Risk of Loss passes to CONSIGNEE Al SHIPPING POINT.
SELLER prepays freight charges.
SELLER bears freight charges,
CONSIGNEE must file claims for loss or damage, (if any).
C) Seller will not consider any claim for damage or shortage unless it is noted on the bill of lading at time of receipt, It is the responsibility of the
CONSIGNEE. to verify that all items contained on the bill of lading are received prior to accepting shipment.
8) TAXES:
The prices quoted are exclusive of, and Purchaser shall pay and make all returns for, any Federal, State, or local sales, use, transfer, or similar taxes
applicable to the equipment and material once the same have been delivered as provided herein.
9) VALIDITY OF PRICING;
The prices stated herein are contingent upon receipt of a firm order, or letter of intent, in an acceptable form from Purchaser within 30 days from the
date of this offer, and Purchaser's willingness to accept delivery when the factory is prepared to ship, If a responsive firm order is not received by the
above date, Seller shall have the right to withdraw this quotation and to revise the prices and shipping dates provided herein.
10) PAYMENT TERMS:
Seller's payment terms are that all invoices are due and payable within thirty (30) days of the date thereof with approved credit. Interest on the unpaid
balance at the rate of 11/2%per month, or the maximum permitted by law, whichever is less will be added to all outstanding invoices which are not paid
within 30 days. Our price is based on no retainage.
Page 2
C.
CARTER I VERPLANCK
POST OFFICE BOX 24169 Phone; 813,287.0709
TAMPA, FLORIDA 33623 Fax: 813.282,8216
www,carterverplanck.com
Quotation li,xY
To: City of Tamarac, FL
Attn: John Fletcher
Date: June 16, 2011
Electrode Replacement
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
11) DELIVERY;
The shipping dates provided herein are based on Seller's current information as to availability of material and components and our best estimate as to
dates on which we will be able to ship, These dates are subject to revision or postponement because of unavailability of material and components or
because of events beyond our control,
If Purchaser requests postponement of previously agreed to shipping date(s), Seller may invoice the Purchaser, or then require payment for all of such
equipment and material as is then ready for shipment; and, from and after the date that such equipment and material or any portion thereof is ready
for shipment, any expenses or other charges Incurred by Seller in regards to the same shall be at Purchaser's expense and Purchaser shall promptly pay
any invoice rendered by Seller in regard thereto.
12) SERVICE:
No start-up assistance or field services are Included unless specifically called out in our offering, If so included, the Seiler will furnish Field Service
Engineer(s) as described in our proposal, at the time of start-up, to inspect the completed system, to advise In regard to placing the system in Initial
operation and to Instruct operating personnel on the proper use of the equipment and material. The proper installation, start-up and operation of the
system and any further changes to be made in the system, responsibility for servicing, and all labor costs thereof, shall be the responsibility, under the
control and at the risk of the Purchaser. At the time start-up service is requested we ask you to be completely prepared, Including where and as
appropriate, the availability of power, water, flow, access, etc. so that start-up may proceed as anticipated. Any return trips to the site or additional time
required as a result of failure to be so prepared, will be charged to the customer at the prevailing demand service rate.
If service additional to that provided for therein is required, Seller, if available, shall furnish at the expense of the Purchaser, competent service
engineers at Seller's then prevailing rates, plus travel and living expenses, to assist in additional service in regard to the equipment and material or in
regard to equipment furnished by Purchaser. All charges in connection with such service shall be billed by the Seller and shall be due and bear Interest
at the Company's normal payment terms unless Seiler shall require other payment terms and conditions.
13) GENERAL;
The descriptions, terms and conditions contained in this Proposal and the terms and conditions contained in the Manufacturer's Standard Terms
attached hereto, which are incorporated herein by reference, constitute the quotation of the Seller. To the extent that the descriptions, terms and
conditions contained in the Proposal are Inconsistent with the Manufacturer's Standard Terms, the Manufacturer's Standard Terms are modified by this
Description,
14) No order shall be deemed 'accepted by the Manufacturer until the Purchaser is notified of its acceptance by the Manufacturer. Carter & VerPlanck,
Inc., is not an agent or employee of the Manufacturer(s) and is not authorized to accept orders in its (their) behalf.
15) Any suit or proceeding brought by purchaser to enforce this agreement, to resolve any dispute over Its terms, or to sue for damages for its breach
shall be brought only in a state or federal court of appropriate jurisdiction in Hillsborough County, FIDrdda. Purchaser expressly waives any objection that
venue in Hillsborough County is inconvenient or Improper.
16) In any suit or proceeding brought to enforce this agreement, to resolve any dispute over its terms, or to sue for damages for its breach, the
prevailing party shall recover a reasonable attorneys' fee in addition to costs of suit.
Page 3