HomeMy Public PortalAboutResolution No. 23-158 Repair for Pump Station 11C Bybass Pump EngineSponsored by: Interim City Manager
RESOLUTION NO. 23-158
AN EMERGENCY RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING CERTAIN
PURCHASES AND REPAIR FOR PUMP STATION 11-C BYPASS
PUMP ENGINE IN AN AMOUNT NOT TO EXCEED FORTY-TWO
THOUSAND, FOUR HUNDRED SEVENTY-SIX DOLLARS AND
EIGHTY-EIGHT CENTS ($42,476.88); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, due to the failure of two of the three required pumps at the Master
Pump Station 11-C ("Pump Station #11-C") within the City of Opa-Locka ("City") during
Hurricane Ian required the City was required to place an emergency diesel bypass pump
into daily rotation to provide continuous discharge of effluent to Miami -Dade County;
and
WHEREAS, Pump Station #11-C is designed to operate with three electric air-
cooled and one emergency diesel powered bypass pumps. This is necessary because it
conveys the effluent of eight (8) of the City's pump stations, including Pump Stations #6,
7, 8, 9, 10, 11-A, 11-B and 11-D; and
WHEREAS, failure to maintain operation of Pump Station #11-C will result in
sanitary sewer overflows in multiple locations, and
WHEREAS, because the emergency bypass pump was designed for short term
operation, extended daily use pushed it beyond its limits; and
WHEREAS, Pump Station #11-C is being operated with the three (3) air cooled
electric pumps. The diesel bypass pump is under repair; and
WHEREAS, when the radiator and water pump were replaced, upon startup it
was discovered that the radiator failed due to engine problems. Further, when the
cylinder head was removed for assessment, multiple cracks and several other failed
components were discovered; and
WHEREAS, the recommended course of action is to replace the engine. This will
ensure the pump station's continued operation in an emergency at a turnkey cost of
Forty -Two Thousand, Four Hundred Seventy -Six Dollars and Eighty -Eight Cents
(S42,476.88) and is deemed necessary to return this unit to full and dependable operation;
and
Resolution No. 23-158
WHEREAS, pursuant to the City's Purchasing Code, Ordinance 2020-07,
procurement in excess of Twenty -Five Thousand Dollars ($25,000.00) generally requires
competitive bidding; and
WHEREAS, the Interim City Manager recommends approval of an emergency
repair since it is difficult to find a vendor to take on the repair due to the Pump's current
condition and disassembled state, to have this major repair completed, in the amount of
Forty -Two Thousand Four Hundred Seventy -Six Dollars and Eighty -Eight Cents
($42,476.88), to place the bypass pump back in service; and
WHEREAS, three quotes were obtained from vendors and Millenium Machinery
Parts & Service Corp was the lowest quote; and
WHEREAS, the Interim City Manager recommends that the City Commission
authorize the Interim City Manager to enter into an agreement with Millenium
Machinery Parts & Service Corp for a Bypass Pump Engine and Repair, for an amount
not to exceed Forty -Two Thousand, Four Hundred Seventy -Six Dollars and Eighty -Eight
Cents (S42,476.88); and
WHEREAS, the Interim City Manager further recommends the City Commission
approve the waiving of the requirement for formal competitive bidding in this
procurement due to the unique circumstances involved; and
WHEREAS, the City Commission finds it in the best interest of the City and its
residents to enter into an agreement, attached hereto as Exhibit "A", with Millenium
Machinery Parts & Service Corp for a Bypass Pump Engine and Repair, for an amount
not to exceed Forty -Two Thousand Four Hundred Seventy -Six Dollars and Eighty -Eight
Cents (S42,476.88).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the Interim City
Manager to enter into an emergency agreement, attached hereto as Exhibit "A", with
Millenium Machinery Parts & Service Corp to purchase a Bypass Pump Engine and
Repair for an amount not to exceed Forty -Two Thousand Four Hundred Seventy -Six
Resolution No. 23-158
Jo. L a Flores, City Clerk
Dollars and Eighty -Eight Cents ($42,476.88).
Section 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, following review by the City Attorney, and without need of public hearing, by
filing a corrected copy of same with the City.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 11th day of October
TEST:
APPROVED AS TO FORM AND
LEGAL SU ICIENCY:
Burn: de ► e Norris -Weeks, P.A.
Moved by: Commissioner Kelley
Seconded by: Commissioner Williams
VOTE:
4-0
Commissioner Bass ABSENT
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
John H. Ta j or Jr., Mayor
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director Si nature:
'
City
Manager:
Darvin E. Williams
CM Signature:
—
if
Commission
Meeting
Date:
10/11/2023
Item Type:
(Enter in box)
Resolution
rdinance
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterX in box)
1st Reading
2nd Reading
x
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
x
x
Funding
Source:
Account# :35-
535340
Enterprise
Fund
(Enter Fund &
Dept)
Advertising Requirement:
(EnterX in box)
Yes
No
x
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:Piggyback
x
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
m
n
a
f_1
•
NO
Sponsor
Name
City Manager
Department:
Public Works Sewer Division
City Manager
Short Title:
A resolution of the City Commission authorizing a waiver of bid for pump station 11-C Bypass Pump repair
Staff Summary:
Issue / Recommendation: The failure of two of the three required pumps at the master pump station 11-C
during Hurricane Ian, required us to place the emergency diesel bypass pump in the daily rotation. to provide
continuous discharge of effluent to Miami -Dade County.
Background: Pump Station 11-C is designed to operate with three electric air-cooled and one emergency
diesel powered bypass pump, this is necessary since it conveys the effluent of eight (8) of our pump stations
these are 6, 7, 8, 9, 10, 11-A, 11-B and 11-D, failure to maintain operation of this station will result in sanitary
sewer overflows in multiple locations, and possibly multiple moratoriums. Because the emergency bypass
pump was designed for short term operation, extended daily use pushed it beyond its limits.
Current Activity: Pump Station #11-C is being operated with the three (3) air cooled electric pumps. The
diesel bypass pump is under repair. Three quotes were obtained from which Millenium Machinery Parts
&Service was the lowest bidder; the radiator and water pump were replaced upon startup it was discovered
that the radiator failed due to engine problems, the cylinder head was removed when checked multiple cracks
were discovered, in addition there are several other failed components. The most logical course of action is to
replace the engine.
This will ensure the pump station continued operation in an emergency at a turnkey cost of $42,476.88, is
deemed necessary to return this unit to full and dependable operation. We are therefore requesting a waiver
of bid for qualified professional services for this repair.
Financial Impact: This repair service will be funded through the Sewer Division Other Contracted Services
Account — 35-535340.
Proposed Action:
Staff recommend approval of this waiver of bid, to have this major repair completed in the amount of
$42,476.88, to place the bypass pump back in service.
Attachment:
1. Agenda
2. Repair Quotation
6600 N.W. 77th Court
Miami, Florida 33166
Phone
Fax
E-Mail sales@mmpas.com
786-513-2459
305-468-8787
Ship ToBill To
City of Opa-locka, Public Works
12950 Lejeune Road (42nd Avenue)
Opa-locka, FL 33054
Quote 0045591
City of Opa-locka, Public Works
12950 Lejeune Road (42nd Avenue)
Opa-locka, FL 33054
EBDBIFAIMBCFICEMEEHABGIAH
Date Quoted 9/8/2023
Millennium Machinery Parts & Service Corp
TEL:(305) 953-2828 /
GIOJTF14560 50%DEPOSIT / 50% SHIPPED
Sales RepEntered ByDelivery/EntregaIncoTermsShip ViaCustomer PO Payment Terms/Terminos de Pago
AmountQtyDescriptionProductUnit Price Total Line
Weight lbs.
TURNKEY PRICE FOR A COMPLETE ENGINE
FALLING UNDER -- S/N: JTF14560.
INSTALLATION INCLUDED TEST, OIL
CHANGE, NEW FILTERS, OLD MOTOR WILL
HAVE TO BE TAKEN OUT 3-4 DAYS OF
INSTALLATION AND REMOVING
BLOCK GP C ea 1 ea10R4144 1,250.9 $42,476.88 $42,476.88
THIS QUOTE IS ONLY FOR THE ENGINE,
ANYTHING HAVING TO DO WITH THE TRASH
PUMP WILL HAVE TO QUOTED AND
OBSERVED AFTER THE FACT OR
SEPERATELY
THIS QUOTE INCLUDED LABOR TO TAKE
OUT THE OLD ENGINE AND INSTALLATION
OF THE REBUILT ENGINE , ENGINE
REBUILD, ACCESSORY COMPONENTS
EITHER BEING REBUILT OR REPLACED.
THIS QUOTE IS A TURNKEY PRICE.
LABOR TO REBUILD ENGINE COMPLETELY,
REPLACING CRACKED HEAD. ENGINE WILL
BE COMPLETE, THE WATER PUMP THAT IS
CONNECTED TO THE ENGINE IS NOT
INCLUDED IN THIS QUOTE. CONTAINER
MUST BE CLEAN AND FREE OF DEBRIS IN
THE WAY TO BEGIN THE WORK.
APPROXIMATE BREAKDOWN OF SERVICES
AND PARTS
COMPLETE ENGINE APPROXIMATE PRICE --
$ 36412.16
LABOR TO TAKE OUT OLD ENGINE &
INSTALL REBUILT ENGINE APPROXIMATE
PRICE --$ 6064.72
Total Weight (lbs): 1,250.90
Total Weight (k): 568.59
Sub-total
Tax 0.00
USD 42,476.88
Shipping 0.00
Insurance 0.00
TERMS AND CONDITIONS OF ESTIMATE OR SALE
1. Consideraton: In consideraton of the premises and the mutual
representatons, covenants and conditons hereinafer set forth and for
other valuable consideraton the receipt and sufciency of which is hereby
acknowledged, the Partes, MILLENNIUM MACHINERY (“Seller”) and the
entty to which Seller’s ofer is made or the entty purchasing Products
from Seller (“Buyer”) hereby agree as follows:
2. Acceptance of Terms and Conditons: Seller’s sale of any Products is
expressly conditoned on Buyer’s ascent to these Terms and Conditons.
Any acceptance of Seller’s ofer is expressly limited to acceptance of
these Terms and Conditons. Any terms and conditons (previously,
contemporaneously or hereafer) provided by Buyer which add to, vary
from or confict with these Terms and Conditons are hereby expressly
objected to.
3. Delivery, Inspecton: All goods sold hereunder are F.O.B. Seller’s facility
unless otherwise stated herein. Seller retains a security interest in the
goods untl payment is received. Notwithstanding any agreement with
respect to delivery terms or payment of transportaton charges, the risk
of loss or damage shall pass to Buyer and delivery shall be deemed
complete upon delivery to a common carrier. All claims for shipping loss
or damage are Buyer’s responsibility. Where the scheduled delivery of
Products is delayed by Buyer or by a Force Majure event, Seller may store
the Products at the expense and risk of Buyer. Delivery dates are not
guaranteed, and Seller has no liability for damages that may be incurred
due to any delay in shipment of goods hereunder. Buyer shall inspect the
Products immediately upon delivery. If Buyer fails to notfy Seller in writng
within 10 days of receiving the Products of any alleged shortage, damage
or other nonconformity with respect to the Products the Product shall
conclusively be deemed to have been irrevocably accepted by Buyer.
4. Security Interest: Seller reserves and retains a security interest in the
delivered Products and the proceeds thereof untl Buyer has paid Seller
the full price. Seller shall have the rights and remedies of a secured party
under the uniform Commercial Code. Buyer authorizes seller to fle a UCC
fnancing-statement (with or without Buyer's signature) and to do any
other lawful act necessary in perfectng Seller’s security interest in the
Products. Buyer agrees to execute all necessary documents thereto
perfect such Seller’s security interest.
5. Taxes: The prices of the Products do not include taxes or any other
governmental charges which are excluded unless otherwise stated.
6. Payment: Payment terms are cash on delivery, unless credit terms are
established Seller’s sole discreton. If Buyer fails to pay any Invoice when
due, Seller may exercise all available remedies to it, including under the
Uniform Commercial Code and may withhold delivery untl receipt of
payment. Buyer agrees to pay Seller cost of collecton of overdue invoices,
including reasonable atorney’s fees. A service charge of the greater of
1.5% monthly or the highest legal rate allowable by law may be charged
on any amounts due and payable. All returned items are subject to a
handling charge of 25% of the Invoice amount plus return freight to
Seller’s locaton.
7. Returns/Cancellatons: All claims relatng to quantty or shipping errors
shall be waived by Buyer unless made in writng to Seller within ten (10)
days afer delivery of goods to the address stated. Buyer shall prepay
freight charges for any approved returns. Buyer shall be obligated to pay
for the porton of the order that has been delivered to Buyer or that is in-
process at the tme of cancellaton.
8. Force Majeure: Seller shall have no liability to Buyer for delay or failure to
perform due to any cause beyond the reasonable control of Seller.
9. Indemnifcaton: Buyer will at its own expense defend, indemnify and hold
Seller [and its agents, employees, ofcers, directors and successors and
assigns (Indemnifed Partes)] harmless from and against any and all claims
[demands, lawsuits, damages, liabilites, fnes, costs and expenses
(including atorney’s fees)], incurred, by or made against the Indemnifed
Partes that arise out of or result from: a) failure of Buyer to comply with
local, state and federal laws, rules and regulatons; b) any person’s bodily
injury, including illness and or death or any third partes tangible property
if such bodily injury or property damage arises out of or occurs in
connecton with any act, error, omission, negligence, or misconduct by
Buyer or any other person (other than the Indemnifed Partes) in
connecton with the Products.
10. LIMITED WARRANTY: SELLER HEREBY, WARRANTS SELLER’S
PRODUCTS FOR A LIMITED PERIOD OF 90 CONSECUTIVE
CALENDAR DAYS OR 1,000 CONSECUTIVE HOURS OF
OPERATION, FOLLOWING DELIVERY OF THE PRODUCTS TO
BUYER (“WARRANTY PERIOD”). THE PRODUCTS SHALL
CONFORM TO THE DESCRIPTION AND SPECIFICATIONS STATED
SUBJECT TO INDUSTRY TOLERANCES AND VARIATIONS.
11. DISCLAIMER OF WARRANTIES: SELLER SPECIFICALLY EXCLUDES
AND DISCLAIMS AND BUYER HEREBY WAIVES: ANY AND ALL
OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE
PRODUCTS WHETHER STATUTORY, EXPRESS OR IMPLIED,
SATISFACTORY QUALITY OR ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST
HIDDEN OR LATENT DEFECTS. THERE ARE NO WARRANTIES
WHICH EXTEND BEYOUND THE DESCRIPTION OF THE FACE OF
THIS DOCUMENT TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. THE ABOVE LIMITED WARRANTY IS
EXCLUSIVE, CONSTITUTES THE SOLE WARRANTIES PROVIDED IN
LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
ALL OTHER REMEDIES.
12. LIMITATION OF LIABILITY; LIMITATION OF REMEDY: SELLER’S LIABILITY
SHALL BE LIMITED, AT SELLER’S OPTION, TO REPAIR OR REPLACEMENT
OF NON-CONFORMING PRODUCTS OR REFUND OF PRODUCT’S PRICE.
THE FOREGOING SETS FORTH SELLER’S ENTIRE OBLIGATION AND
LIABILITY TO BUYER IN RESPECT TO THE PRODUCTS. BUYER ACCEPTS THE
SAME AS ITS ENTIRE RIGHT AND SOLE REMEDY IN RELATION TO ANY
BREACH BY SELLER OF THESE TERMS AND CONDITIONS.
13. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL SELLER, ACTING IN
THE CAPACITY OF THE PROVIDER OF THE PRODUCTS, BE LIABLE, WHETHER
IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR OTHERWISE FOR THE PRODUCTS FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (IN CLUDING LOSS OF PROFITS),
LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS
OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. AS A RESULT OF ANY BREACH, PERFORMANCE OR
NONPERFORMANCE INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND
STRICT LIABILITY BY SELLER OR ANY SUBCONTRACTOR OF SELLER UNDER
THIS ESTIMATE OR INVOICE (WHICHEVER IS APPLICABLE) TO BUYER (OR
CLAIMS OF ANY THIRD PARTY AGAINST BUYER). SELLER’S TOTAL LIABILITY,
TO THE BUYER ARISING OUT OF, RELATED TO OR IN CONNECTI ON WITH
THE PRODUCTS FOR ANY CLAIM SHALL NOT EXCEED IN THE AGGREGATE
AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID TO IT BY THE BUYER
FOR SAID PRODUCTS.
14. Miscellaneous: These Terms and Conditons supersedes all prior
discussion, negotatons, representatons, and agreements, whether
writen or oral, and consttutes the entre agreement between the Partes
relatng to the subject maters covered herein, and shall not be varied,
amended or modifed except by writen instrument duly signed by both
Partes. The constructon, validity and performance of these Terms and
Conditons and any controversy, claims or collecton actons arising out of
or relatng thereto, or the breach thereof, and which is not setled
between the Partes shall be governed by Florida Law, Venue shall be the
County of Miami-Dade, in the State of Florida, Jurisdicton shall be any
Court of competent jurisdicton, Service of Process may be efected by
Courier, delivering any document or formal Complaint on the other Party,
and the prevailing party in any enforcement or collecton acton of this
Invoice shall be enttled to recover all reasonable legal fees and costs and
other charges and damages including legal fees and costs of any appeals.