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2009-R-38 RESOLUTION NO. 2009-R-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AUTHORIZING CONSTRUCTION OF THE SOUTHEAST SERVICE AREA GROUND STORAGE TANK AND PUMPING STATION PROJECT AND AWARDING BID #09-PW-OIO TO MASCI CORPORATION; AUTHORIZING EXECUTION OF THE AGREEMENT AND ASSOCIATED DOCUMENTS RELATED TO CONSTRUCTION; REPEALING RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, has made the following determinations: WHEREAS, the City has determined that the Southeast Water Storage and Pump Station Project which includes construction of a one million gallon ground storage tank and pumping station to improve the water pressures and quality are in the best interest of the citizens of Edgewater; and WHEREAS, bids were solicited for construction of the Southeast Water Storage and Pump Station Project pursuant to Bid #09-PW-OIO; and WHEREAS, the City of Edgewater conducted bidding process where competitive bids were solicited and received, opened and publicly read; and WHEREAS, the Florida Department of Environmental Protection (FDEP) has authorized funding of the construction project with ARRA funds with up to eight-five percent (85%) of the construction and technical services project costs being eligible for principal forgiveness. WHEREAS, the City finds that Masci Corporation, is the lowest and best responsive bidder. NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida as follows: #2009-R-38 PART A. STIPULATIONS. Section 1. City Council hereby determines that the Southeast Water Storage and Pump Station Project which includes construction of a one million gallon ground storage tank and pumping station is in the best interest of the citizens of the City of Edgewater. Section 2. The City of Edgewater conducted the process wherein competitive bids were solicited and received (Bid #09-PW-OI0), opened and publicly read. Section 3. The City Council finds that Masci Corporation, is the lowest and best responsive bidder. Section 4. The City Council hereby awards, contingent upon funding approval by the Florida Department of Environmental Protection (FDEP), Bureau of Water Facilities Funding, an agreement to Masci Corporation in the amount of $1,678,497.00 to construct the Southeast Water Storage and Pump Station Project in accordance with the bid documents prepared by Quentin L. Hampton Associates, Inc. Section 5. City Council hereby authorizes the City Manager 'and/or Mayor to execute the agreement and all associated documents relating to this Project. PART B. SEVERABILITY AND APPLICABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. PART C. CONFLICTING PROVISIONS. All resolutions, or parts thereof that are in conflict are hereby repealed. PART D. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. #2009-R-38 2 PART E. ADOPTION. During the December 14, 2009 Council meeting, a motion to approve was made by l'Olr\(lil",CU\Qo(){)Qr with Second by CO\lY\{\l\UJC\I\-lCL/\ ?.~odes. The vote on this resolution is as follows: AYE NAY Councilwoman Debra J. Rogers x , X X X X Mayor Mike Thomas Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this 14th day of December, 2009. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA ~~a \ l~~~D Bonnie Wenzel City,.~lefi{Y, 1/' . .' ~ "............ " ,.... ".. ~ . . - : " r";} ..' . . . ~.. ro- . · 1.... I ." 7 ..../; f ....1 .. .... I . ( : 'l'~.- : :;::<:. 'I f . ~ ~ I . "'" " . ( t... . Of ~~ .. ... r" ..' ~... ., - '1/".../ "..... - r .f.!,.~ ~ ~~.-l.Y-C'J- ) Robin L. Matusick Paralegal F or the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire Approved by the City Council of the City of Edgewater at a meeting held on this 14th day of December, 2009 under Agenda Item No.8.d. City Attorney Doran, Wolfe, Ansay & Kundid #2009-R-38 3