Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

Agreement is effectively terminated to remove all or part of the remaining improvements in the Project Highway Area and restore to then current department standards at its own cost and expense. The City will own those improvements removed from the Project Highway Area. After the sixty ( 60) day removal period, if the City has not restored the right -of w - ay to then current Department standards, the Department then may take any action with the Project Highway Area or all or part of the Project Highway Area it deems best, with the City being responsible for any costs incurred, including restoration costs. 6. Subject to Section 768.28, Florida Statutes, the City covenants and agrees that it will indemnify and hold harmless the Department and all of the Department' s officers, agents and employees from any claim, ] loss, damage, rent, charge or expense arising out of any act, action, neglect or omission by the City during the performance of the Agreement, whether direct or indirect and whether to any person or property to which the Department or said parties may be subject, except that neither the City nor any of its subcontractors will be liable under this 2 Packet Pg. 16  8.2. a paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. Nothing herein shall serve to waive, alter, or affect the sovereign immunity of either party. 7. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8. This Agreement may not be assigned or transferred by the City except that the City may enter into a contract to have the services performed by a contractor. 9. This agreement shall be governed by and construed in accordance with the Laws of the State of Florida. 10. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex or telegram: a) If to the Department, addressed to: FLORIDA DEPARTMENT OF TRANSPORTATION POST OFFICE BOX 607 CHIPLEY, FL 32428 or at such other address as the Department may from time to time designate by written notice to the City Manager, City of Fort Walton Beach; and b) If to the City, addressed to: ROBERT T. MEARNS, CITY MANAGER CITY OF FORT WALTON BEACH 107 MIRACLE STRIP PKWY SW FORT WALTON BEACH, FL 32548 or at such other address as the City may from time to time designate. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments. 3 Packet Pg. 17  8.2. a IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION wo Department Approval as to Date, Tommy Barfield, District Secretary Form and Legality ATTEST: Executive Secretary CITY OF FORT WALTON BEACH, A Political Subdivision of the State of Florida M City Approval as to Date, Mayor Mike Anderson Form and Legality ATTEST: Helen A. Spencer, City Clerk 4 Packet Pg. 18  8.3 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 2010 Subject: Award of ITB No. 11 - 004 Removal of Digester Covers 1. BACKGROUND: 1. 1. In March 2010, the City of Fort Walton Beach started transmitting all of its raw wastewater to the new Okaloosa County Arbennie Pritchett Water Reclamation Facility WRF). 1. 2. Upon the completion of the raw wastewater interconnect with Okaloosa County, the City began the process to decommission the equipment at the wastewater treatment plant WWTP). 1. 3. So far, the City has emptied the headworks, the rotating biological contactor (RBC) units, secondary clarifiers, and chlorine contact chamber, and also dismantled the RBC units. 1. 4. City staff has also completed the removal of the sprinkler heads on the sprayfield on the property leased from the Air Force in order to return that property to the Air Force. 1. 5. Liquid still remains in the primary clarifiers, digesters, thickener, and holding pond. In order to remove the liquid from the digesters, the covers must be removed. 2. DISCUSSION: 2. 1. On October 20, 2010, the Purchasing Division issued Invitation to Bid No. 11 - 004 for the Removal of Digester Lids at the Sewer Plant. On November 19, 2010, two ( 2) vendors submitted bids to provide all labor, materials, and equipment to dismantle, remove, and dispose of all methane piping and covers for both digester units at the City of Fort Walton Beach WWTP. 2. 2. The two ( 2) vendors that submitted bid packages were McDaniel Associates of NW Florida, Inc. and Deco Industrial. 2. 3. Based on the bid package submittals the bid prices were $ 15, 600 from McDaniel Associates and $ 19, 98 from Deco Industrial. 2. 4. After reviewing the bid packages, it was determined by the Purchasing Division and staff that McDaniel Associates of NW Florida, Inc. is the lowest responsive and responsible bidder. 3. FINANCIAL INFORMATION: 3. 1. The Removal of Digester Lids at the Sewer Plant is related to the decommissioning of the WWTP, so funds from the 2005 Utility Bonds will be used to complete this project. Packet Pg. 19  8. 3 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 20110 Subject: Award of ITB No. 11 - 004 Removal of Digester Covers 3. 2. A budget amendment will be required to record the expense and use of bond proceeds. 4. RECOMMENDATION: 4. 1. Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Section 4. 01, Paragraph 4.01. 025 and the Purchasing Policies and Procedures, staff requests City Council authorization to award Invitation to Bid No. 11 - 004 for the demolition and removal of the digester covers and methane piping at the City' s WWTP to the lowest responsive and responsible bidder meeting all specifications, McDaniel Associates of NW Florida.,Inc. 4. 2. Authorize a budget amendment in the amount of $ 15, 600 from 2005 Utility Bond proceeds; revenue account: 401- 1600- 389- 9515 and expense account 401 - 5496 -535 -3400. ATTACHMENTS: BID TABULATION FOR IT13 11 - 004 DISMANTLE DIGESTER LIDS ( PDF) ITB 11 - 004 REMOVAL OF DIGESTER LIDS ( PDF) SIGNATURE BLOCK: Michael Beedie Completed 12/ 03/ 2010 11: 47 AM Finance Completed 12/ 03/ 2010 1: 08 PM Carole Jones Completed 12/ 06/ 2010 11: 17 AM City Manager Completed 12/ 07/ 2010 10: 00 AM City Council Pending Packet Pg. 20  8.3.a BID TABULATION & INTENT TO AWARD FOR ITB 11 -004 REMOVAL OF DIGESTER LIDS AT SEWER PLANT aa November 19, 2010 00 UU aa McDANIEL ASSOCIATES 66 4-4- OF NW FLORIDA, INC DECO INDUSTRIAL 00 oo 00 1 IBID AMOUNT: 15, 600. 00