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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.