HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-060Temp. Reso. #8931
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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
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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
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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
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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
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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
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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
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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