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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-060Temp. Reso. #8931 Page 1 February 23, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- (nD A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 00-09B TO SHORELINE FOUNDATION, INC. FOR THE CONSTRUCTION OF A RIP -RAP BREAKWATER AND MANGROVE PLANTER AREA IN THE SOUTH FORK NEW RIVER FOR WETLANDS MITIGATION RELATED TO THE HIATUS ROAD EXTENSION PROJECT; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $123,900; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On November 13 1996, the City Commission of the City of Tamarac, Florida passed Resolution R-96-259 authorizing the execution of a Joint Funding Agreement with Broward County for the construction of the northern portion of the Hiatus Road Extension from Westpoint to McNab Road, a copy of said Agreement is attached hereto as Exhibit "A"; and WHEREAS, the aforementioned Agreement included environmental mitigation as part of the Hiatus Road Extension Project to compensate for the unavoidable disturbance the construction would have on approximately seven (7) acres of herbaceous and forested wetlands; and WHEREAS, the Broward County Department of Natural Resource Protection requested that the City of Tamarac undertake the design, permitting and construction of a Rip -Rap Breakwater and Mangrove Planter along the South Fork of the New River to compensate for the aforementioned wetland disturbance; and WHEREAS, after careful review of the County's request, City staff determined that the construction of a Rip -Rap Breakwater and Mangrove Planter along the South Fork of the New Temp. Reso. #8931 Page 2 February 23, 2000 River was the most feasible and economical alternative to compensate for the aforementioned wetland disturbance; and WHEREAS, the City of Tamarac, on January 16, 2000 and January 23, 2000, publicly advertised Bid No. 00-09B for the construction of a Rip -Rap Breakwater and Mangrove Planter in the South Fork New River, a copy of said Bid is attached hereto as Exhibit "B"; and WHEREAS, on February 16, 2000 five (5) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications, a bid tabulation is attached hereto as Exhibit "C"; and WHEREAS, the results of the bid opening were as follows: Shoreline Foundation, Inc...........................................................$123,900 Subaqueous Services, Inc..........................................................$145,569 Omega Contracting, Inc..............................................................$224,500 Custom Built Marine Construction, Inc . ...................................... $267,500 Native Technologies, Inc............................................................ $301,511 WHEREAS, Shoreline Foundation, Inc. submitted the lowest responsive and responsible bid; and WHEREAS, available funds exist in the General Fund for said purpose; and WHEREAS, the Public Works Director and the Purchasing and Contracts Manager recommend that the award of Bid No. 00-09B to Shoreline Foundation, Inc. for the construction of a Rip -Rap Breakwater and Mangrove Planter along the South Fork of the New River in an amount not to exceed $123,900 be approved; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the [J F I Temp. Reso. #8931 Page 3 February 23, 2000 best interest of the citizens and residents of the City of Tamarac to award bid #00-09B to Shoreline Foundation, Inc forthe construction of a Rip -Rap Breakwater and Mangrove Planter along the South Fork of the New River, in an amount not to exceed $123,900. 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. SECTION 2: The award of Bid #00-09B to Shoreline Foundation, Inc. for the construction of a Rip -Rap Breakwater and Mangrove Planter along the South Fork of the New River is HEREBY approved. SECTION 3: The appropriate City Officials are HEREBY authorized to execute an agreement with Shoreline Foundation, Inc. for the construction of a Rip -Rap Breakwater and Mangrove Planter along the South Fork of the New River in an amount not to exceed $123,900, a copy of said agreement being hereto attached as Exhibit "D". SECTION 4: The City Manager or his designee is HEREBY authorized to close the bid award, including but not limited to making final payment and releasing of funds upon the satisfactory completion of work. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications Temp. Reso. #8931 Page 4 February 23, 2000 of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2000. f JOE SCHREIBER MAYOR CITY-2LERK RECORD OF COMMISSION MAYOR_ SCHREIBER DIST 1: COMM. PORTNER r I HEREBY CERTIFY that I DIST 2: V/M MISHKIN qWroved this DIST 3: COMM. SULTANOF /R11,96LUTIONzs to fJ orma DIST 4: COMM. ROBERTS MITC HK-L SJr CITY ATT N 1 AGREEMENT THIS AGREEMENT is entered into on 2000, between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (hereinafter "City") and Shoreline Foundation, Inc., a Florida corporation with principal offices located at 3121 W. Hallandale Beach Boulevard, Suite 107, Hallandale, FL 33009, (hereinafter "Contractor"). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that it has carefully examined the Bid Specifications and all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. The CONTRACTOR 0 agrees to comply with the requirements of the specifications contained in the Request 15 : . 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the proposal price of One Hundred Twenty Three Thousand, Nine Hundred and Noll 00 Dollars ($123,900.00) includes all costs and expenses and is the total compensation required to be paid by the CITY for the satisfactory completion of the contract requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: -0 AGREE-1 11 CONTRACT DOCUMENTS Invitation to Bid, General Terms and Conditions, Special Conditions Proposal Forms, Bid Forms, Bid Bond, Performance & Payment Bonds, Non -Collusive Affidavit Bidder's Qualification Statement & References Certification Supplemental General Conditions Plans/Drawings Addenda numbers One to Two , inclusive, and Any Modifications, including Change Orders, duly delivered after execution of this Agreement. If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: (1) The Agreement (2) Any Addenda (3) Plans/Drawings (4) The Special Conditions; (5) The Technical Specifications; (4) The Instructions to Bidders and General Terms and Conditions; 4. This project shall be completed within 120 days after receipt of the Notice to Proceed letter. 5. 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. CIN1 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 AGREE-2 C, With a copy to the City Attorney at the same address. CONTRACTOR James A. Royo President Shoreline Foundation, Inc. 3121 W. Hallandale Beach Boulevard Suite 107 Hallandale, FL 33009 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 7. CONTRACTOR represents and warrants that the computer system used to carry out the obligations set forth in this Agreement ("the System"), and all interfaces to • the System, including, but not limited to, interfaces with other systems and data entry interface for the System, are Year 2000 compliant. Year 2000 compliant means information technology that accurately processes date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries and the years 1999 and 2000 and beyond including leap year calculations. Year 2000 compliant also means that the Year 2000 compliant information technology, when used in combination with other information technology, shall accurately process date/time data when other information technology exchanges date/time data with it. This warranty shall survive the expiration or termination of this Agreement. AGREE-3 10 8. CONTRACTOR agrees to indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) including but not limited to, loss of life, bodily or personal injury, or property damage, and loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the failure of CONTRACTOR's System to be Year 2000 compliant. 9. CONTRACTOR and its employees, volunteers and agents shall be and remain independent CONTRACTORs and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 10. The CITY and the CONTRACTOR each binds themselves, their partners, • successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. This Agreement shall be governed by the laws of the State of Florida as are Now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 0 AGREE-4 10 10 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTES . Carol Gold, AAE/a8c Citv. Clerk hell S. Ki Attorney WITNESS: (Print or Type Name) (Print or Type Name) (Corporate Seal) AGREE-5 CITY I TAMARAC, FLORIDA By: ` oe Schreiber, Mayor By: Jeffre . Mi (er City Manager SHORF.LINE FOU-NDATION, INC. IA. Royo, Plv-s Tent or Type Name and Title) CORPORATE ACKNOWLEDGEMENT STATE OF f0;�(�4 COUNTY OF ; 0042d The foregoing instrument was acknowledged before me this day of 2000 by 16� qPvS 1'cL41" (name of officer or agent, title of officer or agent) of f%r-22c,- v.),4-71% (name of corporation acknowledging), a :J -A ._ (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me /Uo-1411 � (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 5:—J ,c-��I Q�e)c�4 Print, Type or Stamp Name of Notary Public AGREE-6 140 e nN S NO" 8ehoo" * * My c4m"ftom CC"5= N"N/ Exom 080me e - f; no CORPORATE MINUTES A corporate meeting was held on Thursday, March 2, 2000 at approximately 10:30 am to authorize James A. Royo, President to execute a contract with the City of Tamarac, for the project known as "The Construction of a Rip -Rap BreakWater and Mangrove Planter Area in the South Fork New River for Wetlands Mitigation for the Hiatus Road Extension, Northern Section, Westpoint to McNab Road, Bid no. 00-09B". Further, the contract is in the amount of $123,900. All corporate officers were in attendance and agree to this authorization by issuance of their signature below. S. Michael Betancourt, Vice President J Barry S. ice President/Treasurer ce President/Secretary Date Date Date