HomeMy WebLinkAboutCity of Tamarac Resolution R-97-115Temp. Reso. # 7790
Page 1
May 15, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97 %/5-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE AWARD OF BID
NUMBER 97-10B TO HYDRO -PUMPS, INC. FOR
ELECTRICAL REPAIRS AND SAFETY IMPROVEMENTS TO
STORMWATER PUMP STATIONS IN AN AMOUNT NOT TO
EXCEED $35,578; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT
WITH HYDRO -PUMPS, INC. FOR SAID REPAIRS;
AUTHORIZING A BUDGET TRANSFER WITHIN THE
STORMWATER MANAGEMENT FUND; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Public Works Department maintains three stormwater pump
stations which control the elevation of City waterways to prevent residential flooding ; and
WHEREAS, electrical repairs and safety improvements are required to maintain the
operational effectiveness of these stations; and
WHEREAS, the City of Tamarac publicly advertised Bid No.97-10B for electrical
repairs and safety improvements to Stormwater Pump Stations in the Sun -Sentinel on
January 19, 1997 and January 26, 1997; and
WHEREAS, in order to solicit a competitive price the City invited nine vendors to
participate in the bidding process; and
WHEREAS, only one bid was received and that bid was publicly opened on
February 6, 1997; and
Temp. Reso. # 7790
Page 2
May 15, 1997
WHEREAS, this bid submitted by Hydro -Pumps, Inc. in the amount of $35, 578 was
reviewed by the Public Works Department and the Purchasing and Contracts Manager and
was determined to be fully responsive to the City's technical requirements; and
WHEREAS, a reference and qualifications check performed by the Purchasing and
Contracts Manager indicated that Hydro -Pumps, Inc. was fully qualified and highly
recommended to perform the requested work; and
WHEREAS, it is the recommendation of the Public Works Operations Manager and
the Purchasing and Contracts Manager that Bid No.97-1013 be awarded to the lowest
responsive and responsible bidder, Hydro -Pumps, Inc.; and
WHEREAS, available funds exist in the Stormwater Management Fund Budget for
said purpose; 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.97-10B for Hydra -Pumps, Inc., in an amount not to exceed $35,578.
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
upon adoption hereof.
Temp. Reso. # 7790
Page 3
May 15, 1997
SECTION 2: A budget transfer in the amount of $35,578 within the
Stormwater Management Fund from the account entitled "Contingency Special Projects"
to the account entitled "Repairs Machinery and Equipment" is hereby approved for correct
accounting purposes.
SECTION 3: The award of Bid Number 97-10B to Hydro Pumps, Inc. in the
amount of $35,578 is hereby approved, a copy of the bid opening hereto attached as
Exhibit "1."
SECTION _4: That the appropriate City Officials are hereby authorized to
execute an agreement with Hydro -Pumps, Inc., a copy of said agreement being hereto
attached as Exhibit "2."
5EQII- 55: Authorizing the City Manager or his designee to close the bid
award, including but not limited to making final payment and releasing of bonds, when work
has been successfully completed within the terms and conditions of the contract and within
the bid price.
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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 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.
1
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Temp. Reso. # 7790
Page 4
May 15, 1997
This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 29 day of M ,09- Y 1997.
ATTEST:
0 NO-.
CAROL.
I HEREBY CERTIFY that I
approved this
RE -SOLUTION as to form.
ITCHELL S-KF
CITY ATTORN
MAG:mf (Commission Mtg.5/28/97)
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR S HREIBER
DIST 1: COMM. MCKAYE`
DIST 2: V!M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: MM, ROBERTS
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"EXHIBIT 2
ORIGINAL Hydro Pumps, Inc. TEMPAES0.Na„Z7.,
P.O. Box 16295 6512 NW 13th Court
Plantation, FL 33318
Br6 d: (305) 583-3303 Toll Free (FL) 1-800-306-7867
Fax: (305) 583-3305 March 24, 1997
CITY OF
TAMARAC
• CONTRACT
DOCUMENTS
PUMP STATION
REPAIR AND
INSTALLATION
'pF TA_/l�9
�h
LINDA TYSON
Buyer
PHONE (954) 724-2450
FAX (954) 724-2408
7525 N.W. 88 Avenue
Tamarac, FL 33321-2401
e , � /is --
ORIGINAL TEMP. RESO. No..7 � q c,
0 AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND HYDRO PUMPS INC.
FOR PUMP REPAIR AND INSTALLATION
TO EXISTING PUMPS STATIONS 1, 2, AND 3
THIS AGREEMENT is made and entered into this I ? day of 1997 by and
between the City of Tamarac, a municipal corporation with principal offices located at 7525
N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Hydro -Pumps with principal offices
located at 6512 NW 13 Ct, Plantation, FL 33313 (the "Contractor") to provide for pump
repair and installation to existing pump stations at 8400 Southgate Boulevard (Pump
Station #1), 8801 Southgate Boulevard (Pump Station #2), and 10600 Southgate
Boulevard (Pump Station #3) located along the C14 Canal off Southgate Boulevard.
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary, and other Conditions), the 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 and as set forth below.
Contractor shall furnish all labor and materials for installation of parts and perform
all necessary repairs and additions to existing pump stations one (1), two (2), and
three (3) located along the C14 Canal off Southgate Boulevard.
2. Contractor shall be responsible for matching new parts for compatibility with existing
equipment already in place. All wire utilized for this project must be copper.
3. At each location, the Contractor shall be required to furnish and install a Square D
#8539 combination motor starter with Mag guard circuit breaker. The motor starter
0 shall include the following components: phase monitor; lightning protector; surge
protectors; HOA switch; 480/120V control transformer 500va to supply 120V contal
is rcuit; elapsed time meter; lockout capabilities (per OSHA requirements); motor run
light; automatic shutoff timers; and horn.
ORIGINAL
.Agreement between City of Tamarac
and Hydro Pumps
•
TEMP. REED. NO,
4. The contractor shall install new 110V/60w amber color motor running lights with
lxan lenses using new line leads. These lights must be visible from Southgate
Boulevard from all three pump stations.
5. The contractor will be required to obtain all necessary permits from the City of
Tamarac and is responsible for coordinating any power questions/problems with
FPL. The City's electrician and staff involved in the operation of the pumps must
be informed of any power problems. After complete installation, the contractor must
arrange and provide a walk-through with instructions of the new operating
procedures of each station for designated staff.
6. The contractor must supply and install two (2) 150 HP 460V three (3) phase foot
mounted enclosed fan cooled motors with space heater at 8400 Southgate
Boulevard (Pump Station #1) and 10600 Southgate Boulevard (Pump Station #3).
A total of 8 new belts to be supplied and installed by Contractor at each new
installation of new motors. Belt type - B.F. Goodrich C-144 Prime Mover Plus Belt.
7. The contractor will be required to work on one station at a time. The work must be
completed at one station before moving to the next station. This will allow
remaining pumps to be operational during heavy rain to control flooding or
emergency conditions.
8. The contractor shall provide a detailed construction time schedule before execution
of this agreement.
9. Contractor shall clean up and remove each day all debris and material created by
the work at Contractor's expense.
10. Contractor shall supervise work force to ensure that all workmen 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.
11. 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.
i►A
ORIGINAL
Agreement between City of Tamarac
and Hydro Pumps
TEMP.-RESO. No.
12. Contractor shall provide the City with seventy-two (72) hours written notice prior to
the beginning work under this Agreement and prior to any schedule change with the
exception of inclement weather.
13. 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
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, Worker's 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 shall be carried on at a rate to ensure its full completion
within Fifty -Six (56) calendar days after receipt of Purchase Order.
5) Contract Sum
The Contract Sum for the above work is Thirty -Five Thousand Five Hundred
Seventy -Eight Dollars and no cents ($35,578.00). The contract sum is determined by the
cost of labor materials and equipment necessary to complete the pump repair and
installation at 8400 Southgate Blvd. (Pump Station #1), 8801 Southgate Blvd. (Pump
Station #2), and 10600 Southgate Blvd. (Pump Station #3), located along the C14 Canal
off Southgate Blvd.
3
R OrRl-
IGINAL
.Agreement between City of Tamarac
and Hydro Pumps
•
6) Payments
TEMP, RESO. No. 7
The City shall pay in full the Contract Sum to the Contractor upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. 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
All work and equipment must have a minimum of a one (1) year warranty. All parts
shall be UL listed and all wire shall be copper. In the event that defects occurs during this
time, Contractor shall perform such steps required under Paragraph 2 of this Agreement
to the affected areas of the work performed. Contractor shall be responsible for any
damages caused by defect to effected area.
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 wilful misconduct of the City or its elected or
appointed officials and employees. 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.
4
(0.q - s
ORIGINAL
•
TEMP. RES0. No.
Agreement between City of Tamarac
and Hydro Pumps
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.
10) 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
Contractor shall not transfer or assign the performance required by this Agreement
without the prior written consent of the City. This Agreement, or any portion thereof, shall
not be subcontracted without the prior written consent of the City.
5
K5
ORIGINAL
TEWRES0. No. -7/0
Agreement between City of Tamarac
and Hydra Pumps
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
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRAQTOR
E.L. Canter
President
Hydro Pumps
6512 NW 13 Court
Plantation, FL 33313
(954) 583-3303/3305
14) Termination
Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to the Bidder, the CITY may without cause and without prejudice to any
other right or remedy, terminate the agreement for the CITY's convenience whenever the
CITY determines that such termination is in the best interest of the CITY. Where the
agreement is terminated for the convenience of the CITY the notice of termination to the
Bidder must state that the contract is being terminated for the convenience of the CITY
under the termination clause and the extent of termination. Upon receipt of the notice of
termination for convenience, the Bidder shall promptly discontinue all work at the time and
to the extent indicated on the notice of termination, terminate all outstanding sub-
contractors and purchase orders to the extent that they relate to the terminated portion of
the Contract and refrain from placing further orders and sub -contracts except as they may
be necessary, and complete any continued portions of the work.
6
C, J
ORIGINAL
Agreement between City of Tamarac
and Hydro Pumps
TEMR-RESO. No. �7 `/0
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.
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.
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 not 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.
7
f� `3 7- // s
ORIGINAL
Agreement between City of Tamarac
and Hydra Pumps
TEMP. RESO. No.�
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
HYDRO PUMPS, signing by and through its President, duly authorized to execute same.
ATTEST:
arol Evans, City Clerk
Date: May 28, 1997..
•
ATTEST:
Corporate Secretary
TH C+ L m ra M . (— 4�
Type name of Corporate Secretary
(CORPORATE SEAL)
E
8
CITY OF TAMARAC
By:
ayor
Joe.Schreiber
Date: May 28, 1997
"'� '--j— �- o
Robert S. Noe, Jr., City Ma ager
Date: May 28, 1997____
,Approved as to form and legal
/ sufiMncr
iMhell S. Kraft, C' y ttorney
HYDRO PUMPS
E.L. Canter, President
C.L. C.d N ;t--V—
Type/Print Name of President
Date: 71 A 2 �'t ci -7
ORIGINAL
Agreement between City of Tamarac
and Hydro Pumps
STATE OF FLORIDA
SS
COUNTY OF
TEMP. RESO. No. 77 c/0
I 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
(officer or agent and title) (name of corporation)
a _ Ft n r.l� Corporation, to me known to be the person(s) described in and
(State or place of corporation)
who executed the foregoing instrument and NE acknowledged before me that
A E executed the same,
WITNESS my hand and official seal this i 1 day of 01 A!Zc i;, , 19"V7.
NOTARY P(ILIC, State of Florida at Large
of Nciti,74RtMoPrint, Stamp, or Type
.v:ti
��Y C0"\1MI5.SI0N eYR FF.A.
Personally known to me or
( ) Produced Identification
Type of I.D. Produced
( ) DID not take an oath, or( ) DID NOT take an oath.
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Rr97- /i�
O R I G I NA L Hydro Pumps, Inc.
P.O. Box 16295 6512 NW 13th Court
Plantation, FL 33318
(305) 583-3303
(305) 583-3305
INSURANCE DOCUMENTS
CITY OF TAMARAC/HYDRO PUMPS, INC.
TEMP. RESO. No. �1
Toll Free (FL) 1-800-306-7867
HYDRO PUMPS' INSURER NATIONWIDE HAS PROVIDED THE CITY OF
TAMARAC WITH A CERTIFICATE OF INSURANCE NAMING THE CITY AS AN
ADDITIONAL INSURED WITHIN THE LAST 12 MONTHS.
OUR SUBJECT POLICIES EXPIRE APRIL 9, 1991 AT WHICH TIME, WE
LL CAUSE A NEW CERTIFICATE OF INSURANCE NAMING THE CITY AS AN
ADDITIONAL INSURED WITH DUE CONSIDERATION AS TO THE FACE AMOUNTS
REQUIRED.
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