HomeMy WebLinkAboutCity of Tamarac Resolution R-99-121Temp. Reso. #8611, April 29, 1999 1
Rev. 1 May 10, 1999
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 /je?-_I
A RESOLUTION BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 98-
26B TO THE LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER, R.J. SULLIVAN, INC. FOR AN AMOUNT OF
$502,001.00 FOR THE GREENLEAF FILTER
REHABILITATION AND IMPROVEMENTS AT THE WATER
TREATMENT FACILITY, AND APPROVE FUNDING FOR
THIS PROJECT FROM THE APPROPRIATE UTILITIES
OPERATIONAL ACCOUNT, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the mandate of the Utilities Department of the City of
Tamarac is operation of the water and wastewater utilities which requires the
treatment and distribution of potable water as well as the collection, transmission
and disposal of wastewater in a safe, efficient and economical manner; and
WHEREAS, a high level of water quality can be provided only if all the
components of the water treatment system are well maintained; and
WHEREAS, improvements to the Greenleaf Filter, a unit process at the
Water Treatment Facility, are required to ensure efficient operations and
compliance with water quality standards; and
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Temp. Reso. #8611, April 29, 1999 2
Rev. 1 May 10, 1999
WHEREAS, the variable speed drives on the accelators at the Water
Treatment Plant need replacement; and
WHEREAS, City Commission approved the Greenleaf Filter Rehabilitation
and Water Plant Improvements at the Water Treatment Facility as part of the
FY97 Capital Improvement Plan; and
WHEREAS, the Utilities Department retained the services of Hazen and
Sawyer, Inc., Consulting Engineers, to complete the design and provide
construction administration services in accordance with the City Consulting
Engineering Agreement as authorized by the City on July 10, 1996, Resolution
Number R-96-163; and
WHEREAS, the City of Tamarac advertised Bid No. 98-26B for the
Greenleaf Filter Rehabilitation and Improvements Project at the Water Treatment
Facility; and
WHEREAS, on March 24, 1999, the bids were opened and the lowest
responsive and responsible bid was submitted by R.J. Sullivan, Inc. in the
amount of $502,001.00; and
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Temp. Reso. #8611, April 29, 1999 3
Rev. 1 May 10, 1999
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WHEREAS, funds approved in the FY97 and FY99 CIP budget process
are available in the amount of $505,000;
WHEREAS, it is the recommendation of the Director of Utilities and
Purchasing/Contracts Manager that the project be fully funded and that Bid No.
98-26B be awarded to the lowest responsive and responsible bidder, R.J.
Sullivan, Inc.; 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
approve the award of Bid No. 98-26B for the Greenleaf Filter Rehabilitation and
Improvements at the Water Treatment Facility to R.J. Sullivan, Inc. at a cost of
$502,001.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
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.
Temp. Reso. #8611, April 29, 1999 4
Rev. 1 May 10, 1999
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SECTION 2: That the contract for the Greenleaf Filter
Rehabilitation and Improvements at the Water Treatment Facility is hereby
approved and that all appropriate City Officials are authorized to execute the
contract between the City of Tamarac and R.J. Sullivan, Inc. (attached hereto as
Exhibit "1 ").
SECTION 3: That the City Manager, or his designee, be authorized
to make changes, issue change orders not to exceed $10,000 per Section 6-
156(b) of the City Code, and close the contract award including, but not limited to
making final payment and releasing bonds when the work has been successfully
completed within the terms and conditions of the contract and within the contract
price.
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.
Temp. Reso. #8611, April 29, 1999 5
Rev. 1 May 10, 1999
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SECTION 7: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this &-day of
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND R. J. SULLIVAN CORPORATION
FOR CONSTRUCTION OF AUTOMATIC FILTER REHABILITATION PROJECT
BID NO. 98-26B
THIS AGREEMENT is made and entered into this day of 1999
by and between the City of Tamarac, a municipal corporation with principal offic s located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and R. J. Sullivan Corporation,
a Florida corporation with principal offices located at 2001 N.W. 22nd Street, Pompano
Beach, FL 33069 (the "CONTRACTOR") to provide for construction of Automatic Filter
Rehabilitation.
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
• (General, Supplementary, and other conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement as
if attached to this Agreement or repeated herein.
2) The Work
The Contractor shall perform all work for the City required by the contract
documents as set forth below:
Rehabilitation of existing 8MG Greenleaf Filter, including removal and disposal of
existing filter media; replacement of new filter media; removal and reinstallation of
filter bottom plates, furnishing new filter bottom plates as required, replacement of
control panel, furnishing and installing spray nozzles, replacement of vacuum
pumps, replacement of vacuum tank, painting all interior surfaces including interior
piping, and disinfection, replacement of variable speed drives on three upflow
clarifiers (Accelerators), including motors, drives, control panels, and electrical work;
disposal of removed items, and all appurtenant work, complete, tested and ready
for operation.
2. CONTRACTOR shall clean up and remove each day all debris and material created
by the work at CONTRACTOR's expense.
3. CONTRACTOR shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
CONTRACTOR shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. CONTRACTOR shall
at all times have a competent field supervisor on the job site to enforce these
policies and procedures at the CONTRACTOR's expense.
4. All equipment must be stored in a safe manner when not in operation. The CITY
shall not be responsible for damage to any equipment or personal injuries caused
by the CONTRACTOR's failure to safely store equipment.
5. CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
6. CONTRACTOR shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the CONTRACTOR, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
3) Insurance 0
CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance
in such form and amount as required by the City's Risk Manager, before beginning work
under this Agreement including, but not limited to, Workers' Compensation Insurance,
Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required
by law. CONTRACTOR shall maintain such insurance in full force and effect during the
life of this Agreement. CONTRACTOR shall provide to the CITY's Risk Manager
certificates of all insurances required under this section prior to beginning any work under
this Agreement.
CONTRACTOR shall indemnify and hold the CITY harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an
additional insured. CONTRACTOR shall be responsible for payment of all deductibles and
self-insurance retentions on CONTRACTOR's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than ten (10) days after the date of the official
Notice -to -Proceed. The Filter work shall be substantially completed no later than one
hundred twenty (120) days after the date of the Notice -to -Proceed.
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• The Accelator work shall be substantially completed no later than one hundred eighty (180)
days after the date of the Notice -to -Proceed. All work shall be completed no later than
thirty days (30) days after the date of Substantial Completion.
5) Contract Sum
This Contract Sum for the above work is Five Hundred Two Thousand and one
Dollars and no Cents ($502,001.00). The Contract Sum is determined by unit
prices for labor, materials and equipment as shown in the Contract Documents.
6) Payments
A monthly payment/progress payment will be made for work that is completed,
inspected and properly invoiced. The City shall pay the Contractor for work performed
subject to the specifications of the job and subject to any additions and deductions by
subsequent change order provided in the contract documents.
7) Waiver of Liens
Prior to payment of the contract sum, a final waiver of lien shall be submitted by all
• suppliers, subcontractors, and/or contractors who worked on the project that is the subject
of this Agreement.
8) Warranty
Contractor warrants the Automatic Filter Rehabilitation against defects for a period
of one (1) year from the date of completion of the work. In the event that defects occur
during this time, CONTRACTOR shall perform such steps required in Paragraph 2 of this
agreement to the affected areas. Contractor shall be responsible for any damages caused
by defects to affected areas or interior of structure.
9) Indemnification
The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss of life,
bodily or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or
independent contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of the
CITY or its elected or appointed officials and employees.
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The above provisions shall survive the termination of this Agreement and shall pertain to
any occurrence during the term of this Agreement, even though the claim may be made
after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive CITY's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
1 Q) Non -Discrimination
The CONTRACTOR agrees that it shall not discriminate against any of its
employees or applicants for employment because of their race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination.
The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this Agreement.
11) Independent Contractor
CONTRACTOR is an independent contractor under this Agreement. Personal
services provided by the CONTRACTOR shall be by employees of the Contractor and
subject to supervision by the CONTRACTOR, and not as officers, employees, or agents
of the CITY. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the
CONTRACTOR.
12) Assignment and Subcontracting
Neither this contract, nor any portion thereof, shall be assigned, except by formal
approval of the City Commission. No such approval will be construed as making the CITY
a part of or to such assignment, or subjecting the CITY to liability of any kind to any
assignee. No subcontract or assignment shall, under any circumstances, relieve the
CONTRACTOR of his liability and obligation under this contract, and despite any such
assignment, the CITY shall deal through the CONTRACTOR only. However, if the
company is sold during the life of the contract, the buying agent must provide the CITY with
a letter signed by an officer of the new owner that can legally bind the company, stating
that they will continue to perform the requirements of the contract under all the terms,
conditions, and specifications so stated in the contract. This Agreement or any portion
thereof, shall not be subcontracted without the prior written consent of the CITY.
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0 13) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CITY
Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Robert J. Sullivan
President
R. J. Sullivan Corporation
2001 N. W. 22"1 Street
Pompano Beach, FL 33069
Contractor's License No. CGCO09603
14) Termination
This Agreement may be terminated by City or Contractor for cause or by the City
for convenience, upon seven (7) days written notice by terminating party to the other parry
of such termination, in which event the Contractor shall be paid its compensation for
services performed to termination date including services reasonably related to termination.
In the event that the CONTRACTOR abandons this Agreement or causes it to be
terminated, CONTRACTOR shall indemnify the CITY against loss pertaining to this
termination. Default by CONTRACTOR: In addition to all other remedies available to the
CITY, this Agreement shall be subject to cancellation by the CITY should the
CONTRACTOR neglect or fail to perform or observe any of the terms, provisions.
conditions, or requirements herein contained, if such neglect or failure shall continue for
a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect
or failure.
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15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
Should it become necessary for the CITY to engage an attorney to enforce this
Agreement, the CONTRACTOR will pay the CITY all costs, including a reasonable
attorney's fee.
16) Signatory Authority
The CONTRACTOR shall provide the CITY with copies of requisite documentation
evidencing that the signatory for CONTRACTOR has the authority to enter into this
Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The nonenforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the CONTRACTOR and
the CITY, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written document
executed by both the CONTRACTOR and the CITY.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, through its Mayor and
R. J. Sullivan Corporation, signing by and through its President, duly authorized to execute
the same.
A
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Carol Gold, C /AAE, City Clerk
Date: _& f f _
ATTEST:
Corporate Secretary
Anne T. Sullivan
Type/Print Name of Corporate Secretary
(Corporate Seal)
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CITY OF TAMARAC, FLORIDA
y
oseph Schreiber, Mayor
Date: _ a 1192
1
Robert S. Noe, Jr. City Manager
Date: l
R. J. SULLIVAN CORPORATION
President
Robert J. Sullivan
Type/Print Name of President
Date: -1 o i y
CORPORATE ACKNOWLEDGEMENT
STATE OF -F --oe (6A-
COUNTY OF S2OW4,0Lb
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Robert J. Sullivan. President of _ R. J. Sullivan Corporation a Florida
corporation, to me known to be the person(s) described in and who executed the foregoing
instrument acknowledged before me that he executed the same.
WITNESS my hand and official seal this
1999.
( personally known to me or
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William G. Pulsford
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Temp. Reso. #8611
TO: City Manager
FROM: Utilities Director
Recommendation:
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
DATE: April 29, 1999
RE: Award of Bid No. 98-26B for the
Greenleaf Filter Rehabilitation
and Water Plant Improvements
I recommend that the City Commission authorize the funding and award of Bid No. 98-26B in the
amount of $502,001.00 to R.J. Sullivan, Inc., the lowest responsive and responsible bidder for the
Greenleaf Filter Rehabilitation and Improvements at the Water Treatment Facility.
Issue:
The 8 million -gallon (MG) Greenleaf Filter at the Water Treatment Facility is in need of rehabilitation,
including rehabilitation of the structure and piping systems, and replacement of the filter media.
Background:
The filters at the Water Treatment Plant are part of the water treatment process. In 1988, the City
purchased and installed the 8 MG Greenleaf Filter. This filter is used in rotation with the six package
filters to maximize media life as well as maintain the interior of the filters. The Greenleaf Filter is
showing deterioration from age, rust, and chemical addition, and the filter media is in need of
replacement.
In addition, it is necessary to replace the variable speed drives on each of the three (3) Water
Treatment Plant's accelators. The accelator is the unit process that mixes the chemicals with the
water from the wells; the variable speed drives control the mixing of the chemicals in the accelator.
The Greenleaf Filter Rehabilitation and Improvements project includes improvements to the
Greenleaf Filter and the replacement of the accelator variable speed drives. The project was
recommended and approved in the FY1997 Capital Improvement Plan. The design, bidding and
construction documents for the Greenleaf Filter Rehabilitation and Improvements at the Water
Treatment Facility were prepared by Hazen and Sawyer as authorized by the City Commission.
The City of Tamarac advertised Bid No. 98-26B for the Greenleaf Filter Rehabilitation and
Improvements and received the lowest bid proposal of $502,001.00 from R.J. Sullivan, Inc.
C.
Temp Reso. #8611
Page 2 of 2
The bids received by the City were:
COMPANY NAME
TOTAL BID
R.J. Sullivan, Inc.
$502,001,00
Project Integration, Inc.
$522.495.00
Daca Environmental, Inc.
$542,150.00
Widell, Inc.
$577,899.00
Intrastate Construction Corp.
$593,820.00
CEM Enterprises, Inc.
$597,777.00
Marine Engineering Contractors, Inc.
$821,001.00
The Director of Utilities and Purchasing/Contracts Manager recommend approval of the funding of
this project and the contract be awarded to R.J. Sullivan, Inc. as the lowest responsive and
responsible bidder.
Michael Woika
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