HomeMy WebLinkAboutR-2022-148 Boromei Construction, Inc. Bid Award for Accelator Cleaning and Upgrades (RE-BID) (ITB 22-024) RESOLUTION NO. 2022-148
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID
("ITB")NO. 22-024 "ACCELATOR CLEANING AND UPGRADES (RE-BID)"
TO BOROMEI CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED
FOUR HUNDRED FIVE THOUSAND DOLLARS ($405,000.00); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the lime softening accelators were last refurbished in 2013 and will now
require regular cleaning and maintenance for the proper functioning of the critical lime
softening process; and
WHEREAS, the City Commission approved Resolution No. 2021-003, authorizing the
Public Services Department (PSD) to issue ITB No. 22-017 for the Accelator Cleaning and
Upgrade Project; and
WHEREAS, on May 20, 2022, the City received one (1) response to ITB No. 2022-017
that was rejected by the Bid Committee due to a lack of clarity in the bid specifications, which
resulted in a revision of bid documents and a re-issuing of the Invitation to Bid on June 30, 2022;
and
WHEREAS, on July 28, 2022, the City received two (2) responses to ITB No. 2022-024
"Accelerator Cleaning and Upgrades (RE-BID)", shown below:
1. Boromei Construction, Inc $405,000.00
2. Razorback, LLC $839,712.00; and
WHEREAS, the Bid Committee agreed with the consultant project engineer's review,
resulting in the selection of Boromei Construction, Inc. as the lowest and most qualified bidder;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute
an Agreement with Boromei Construction, Inc., which Agreement is attached and incorporated
in this Resolution by this reference, for the Accelator Cleaning and Upgrade Project in an
amount not to exceed $405,000.00.
Section 3. That funding will be appropriated from the Water Fund/Infrastructure
other than Buildings Account Number 401-33-03-533-63-10 for a total amount not to exceed
$405,000.00.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective upon its passage and adoption.
PASSED AND ADOPTED on September 14, 2022.
ATTEST:
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THOMAS SCHNEIDER, CMC T• ARA JAME
CITY CLERK ,w, e` MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
E A. B UTSIS
IT ATTORNEY
2 RESOLUTION#2022-148
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND BOROMEI CONSTRUCTION, INC. FOR SERVICES RELATED TO
THE LIME SOFTENING ACCELATOR CLEANING AND UPGRADES,
AS FURTHER DESCRIBED IN THE CITY'S INVITATION TO BID
("ITB") NO. 22-024, ENTITLED "ACCELATOR CLEANING AND
UPGRADES - REBID".
This is an Agreement ("Agreement") dated , 2022,
between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its
principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida
33004 and Boromei Construction, Inc. ("Contractor"), a Florida corporation with an address of
420B NW 3rd Street, Okeechobee, Florida 34972.
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon, the parties agree to the following:
1. This Agreement between the Contractor and the City under the City of Dania Beach
Invitation to Bid ("ITB") No. 22-024, is effective upon execution by all parties and
will terminate after completion of the project or on April 30, 2023. A copy of ITB
No. 22-024 is attached as Exhibit "A" and made a part of and incorporated into this
Agreement by this reference) and shall be considered as part of this Agreement.
2. The Contractor has submitted their Scope of Services and Bid Form in response to
ITB No. 22-024 which is attached as Exhibit "B" and is incorporated into this
Agreement by this reference.
3. The cost of this project is a total amount not to exceed Four Hundred Five Thousand
Dollars ($405,000.00).
4. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on
Sovereign Immunity bars all claims by Contractor against the City other than claims
arising out of this Agreement. Specifically, the Contractor acknowledges that it
cannot and will not assert any claims against the City, unless the claim is based upon
a breach by the City of this Agreement. Further, the Contractor recognizes the City is
a sovereign with regulatory authority that it exercises for the health, safety, and
welfare of the public. This Agreement in no way estops or affects the City's exercise
of that regulatory authority. In addition, the City retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The Contractor
acknowledges that it has no right and will not make claim based upon any of the
following:
a. Claims based upon any alleged breach by the City of implied warranties or
representations not specifically set forth in this Agreement, as the parties stipulate
that there are no such implied warranties or representations of the Contractor. All
obligations of the parties are only as set forth in this Agreement;
3 RESOLUTION#2022-148
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners,
attorneys, administrators, Contractors, agents, or any Contractor employee;
d. Claims based upon an alleged waiver of any of the terms of this
Agreement unless such waiver is in writing and signed by an authorized
representative for the City and Contractor.
5. Financial records. The Contractor shall maintain accurate and complete financial
records of its activities and operations relating to this Agreement in accordance with
generally accepted accounting principles. Contractor shall maintain adequate records
to justify all charges and costs incurred in performing the services for at least three
(3) years after completion of this Agreement. Contractor agrees that the City, or its
authorized representatives, shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent transaction, activity, or records relating to
this Agreement during normal business hours. All such materials shall be maintained
by Contractor at a location in Broward County, Florida; provided that if any such
material is located outside Broward County, then, at the City's option the City shall
pay Contractor for travel, per diem, and other costs incurred by Contractor to
examine, audit, excerpt, copy or transcribe such material at such other location. The
City shall make a reasonable effort to maintain the confidentiality of such audit
report( s).
6. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes (2018), and that it is not engaged in a boycott of Israel. The City may
terminate this Agreement at the City's option if Contractor is found to have submitted
a false certification as provided under subsection (5) of section 287.135, Florida
Statutes (2018), as may be amended or revised, or been placed on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel.
7. Verification of Employment Eligibility. Contractor represents that Contractor and
each Subcontractor has registered with and uses the E-Verify system maintained by
the United States Department of Homeland Security to verify the work authorization
status of all newly hired employees in compliance with the requirements of Section
448.095, Florida Statutes, and that entry into this Agreement will not violate that
statute. If Contractor violates this section, Municipality may immediately terminate
this Agreement for cause and Contractor shall be liable for all costs incurred by
Municipality due to the termination.
That in all respects, the terms of Exhibit"A" and Exhibit"B" apply to this Agreement.
SIGNATURES ON THE FOLLOWING PAGES
4 RESOLUTION#2022-148
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED AS TO FORM
AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
5 RESOLUTION#2022-148
tember 14, 2022.
ATTEST:
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THOMAS SCHNEIDER, CMC T• ARA JAME
CITY CLERK ,w, e` MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
E A. B UTSIS
IT ATTORNEY
2 RESOLUTION#2022-148
WITNESSES: CONTRACTOR:
BOROMEI CONSTRUCTION,INC.
a Florida corporation
Signature Signature
PRINT Name PRINT Name
Title
Signature
Dated: , 2022
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, on , 2022 by
as of Boromei
Construction, Inc, a Florida corporation. He/she is personally known to me or has produced
as identification.
My Commission Expires: Notary Public, State of Florida
Print Name:
6 RESOLUTION#2022-148
E A. B UTSIS
IT ATTORNEY
2 RESOLUTION#2022-148