HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-076Temp. Reso. #12517
June 20, 2014
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- 7&
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF TAMARAC AND CARDINAL
CONTRACTORS, INC., FOR AN AMOUNT OF $107,994 FOR
PURCHASE OF A CATERPILLAR TIER 4 COMPLIANT NON -
EMERGENCY GENERATOR AND CANCEL THE TIER 2
COMPLIANT EMERGENCY GENERATOR ORDER TO
COMPLY WITH MORE STRINGENT, CURRENT
ENVIRONMENTAL PROTECTION AGENCY AIR EMISSION
RULES; APPROVING FUNDING FOR THE PROJECT FROM
THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac owns, operates and maintains a Water Treatment
Plant located at 7803 NW 61St Street; and
WHEREAS, on August 28, 2013, the Tamarac City Commission approved
Resolution No. R-2013-84 authorizing the City Officials to execute the agreement between
the City of Tamarac and Cardinal Contractors, Inc., for an amount of $1,319,000 for
construction of the Water Treatment Plant Emergency Generator Replacement Project
(incorporated by reference and on file in the office of the City Clerk); and
Temp. Reso. #12517
June 20, 2014
Page 2 of 5
WHEREAS, Purchase Order Number 160952 was issued to Cardinal Contractors,
Inc., on September 17, 2013 and a Notice to Proceed was issued on November 18, 2013;
and
WHEREAS, Eckler Engineering, Inc., was awarded the contract for the sum of
$53,600 to provide professional services for Construction Management of the Water
Treatment Plant Emergency Generator Replacement Project under Task Authorization No.
13-05E approved by the City Manager on October 2, 2013; and
WHEREAS, the City of Tamarac was informed by Florida Power and Light (FPL) on
March 26, 2014 that all emergency generators existing at water treatment plants or
purchased in the future must comply with the new, more stringent Environmental Protection
Agency (EPA) Air Emission Standards to remain in FPL's Commercial/Industrial Load
Control Program (a copy of said correspondence is attached as "Exhibit A'T and
WHEREAS, the increased FPL electrical costs to the City of Tamarac would be
$150,000 annually if we failed to comply with FPL's Load Control Program; and
WHEREAS, calls were made to both Florida Department of Environmental
Protection (DEP), FPL, and our contractor, Cardinal Contractors, Inc., and it was
determined by Eckler Engineering, Inc., and the Tamarac Director of Public Services that
Temp. Reso. #12517
June 20, 2014
Page 3 of 5
the Caterpillar Tier 2 Compliant Emergency Generator on order and ready to ship Did Not
meet the Tier 4 Air Emission Standards and could not be run under FPL's Load Control
Program; and
WHEREAS, the decision was made by the Director of Public Services to cancel the
order for the Caterpillar Tier 2 Compliant Emergency Generator and order a Caterpillar Tier
4 Compliant Non -Emergency unit which met all EPA Air Emission Standards and FPL Load
Control Program contract conditions; and
WHEREAS, the increased cost for the Caterpillar Tier 4 Compliant Non -Emergency
Generator is $107,994; and
WHEREAS, it is the recommendation of the Director of Public Services and the
Purchasing and Contracts Manager that Change Order No. 1 to the agreement between
the City of Tamarac and Cardinal Contractors, Inc., dated August 28, 2013, be approved,
executed and funded; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
Change Order. No. 1 in the amount of $107,994 to the agreement between the City of
Tamarac and Cardinal Contractors, Inc., dated August 28, 2013; and
Temp. Reso. #12517
June 20, 2014
Page 4 of 5
WHEREAS, approved funds in the amount of $107,994 are available within the
Utilities Contingency Account #425-6001-536-97-02 for FY 2014.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1:
The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution
upon adoption hereof. The exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2:
The appropriate City officials are hereby authorized to accept
and execute Change Order No. 1 in the amount of $107,994 to the agreement between the
City of Tamarac and Cardinal Contractors, Inc., for the Water Treatment Plant Emergency
Generator Replacement Project (a copy of which is attached hereto as "Exhibit B").
SECTION I
An expenditure in the amount of $107,994 is approved to be
funded from Utilities Contingency Account #425-6001-536-97-02.
SECTION 4:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5:
If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application; it shall not affect the validity of the remaining portions or applications of
this Resolution.
SECTION 6:
passage and adoption.
2014.
Temp. Reso. # 12517
June 20, 2014
Page 5 of 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this qA- day of ,
HARRY DRESSLER, MAYOR
ATTEST:
PATRICIA TEUFE
CITY CLERK
CMC
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHN L
DIST 2: VICE MAYOR GOM�
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
Vi
n
f.,SAMUEL S. GOREN
CITY ATTORNEY
Ili
FPL*
March 26, 2014
CITY OF TAMARAC
6011 Nob Hill Rd
TAMARAC FL 33321
ATTN: Jack Strain Utilities Director
Attention: 2014 rate termination opportunity
"EXHIBIT A"
TR #12517
As we've discussed, recent changes in Environmental Protection Agency (EPA) rules
require owners of generators to comply with new, more stringent emission standards.
Customers who rely on these generators to participate in Florida Power & Light
Company's commercial load management programs must comply with the new rules.
Compliance may require that a generator be retrofitted with additional emission controls
or may require the purchase of a new generator.
Participants in FPL's commercial load management programs receive significant
financial benefits from these programs and we believe most participants will find that
these savings allow for a relatively quick payback for the costs associated with any
EPA --required equipment upgrades.
Normally, these rates require long termination notices —five years for Commercial /
Industrial Load Control (CILC) and Commercial Demand Reduction (CDR) and three
years for Curtailabfe Service (CS) — for a customer to end participation.
However, we recognize that the new EPA eules may make it cost -prohibitive for some
customers to continue voluntary participation in these programs. We want to reasonably
accommodate customer requests to exit the rate due to the impact of the EPA's new
rules. Therefore, we are offering affected customers an opportunity to discontinue
participation in these rates anytime in 2014 without incurring early termination charges.
Please evaluate your decision very carefully. As stated, your financial savings from
participating in these rates are significant. But, if you believe termination is necessary,
please complete the enclosed form and return it to me no later than December 31, 2014.
Please contact me if you have any questions. Thank you.
Sincerely,
Josh Wright
1
0
FPL.
Florida Power & Light
Commercial / Industrial Load Control
Commercial / Industrial Demand Reduction
Curtailable Service
14 EPA Change__i
lations
Rate
Termination_ Opportunity and Request Form
Summary
Recent federal regulations require owners of generators to comply with new emission
standards adopted by the Environmental Protection Agency (EPA). The standards are
known as (EPA) 40 CFR Part 63 Subpart ZZZZ and 46 CFR part 60, subparts IIII
and JJJJ. These new rules impact reciprocating internal combustion engines (RICE) of
all sizes, including generators participating in utility -sponsored demand side
management programs. It is the responsibility of generator owners to review EPA's
RICE rules and ensure that their generators comply with these new rules. If you use a
generator to participate in FPL's voluntary Commercial/Industrial Load Control (CILC),
Commercial Demand Reduction (CDR) or Curtailable Service (CS) rates, you may be
affected by these new rules. ,
We encourage customers to carefully evaluate their specific circumstances with respect
to the new EPA regulations. Many customers are likely to find that continuing
participation in the CILC/CDR/CS rate will be cost-effective taking into account the
significant annual savings that these rates offer along with the costs of complying with
the new EPA regulations. But, for some customers, the costs of complying with the new
rules may not make continued participation cost-effective. The rates typically require
termination notice of five years for CILC or CDR and three years for CS. In light of the
significant compliance challenges the new rules may present to some customers, FPL is
providing customers an opportunity to exit the rate due to the impact of the new EPA
rules.
H
Customers who wish to exit the CILC/CDR/CS rates due to EPA rule compliance issues
may do so in 2014 without incurring early termination charges. If you determine that
termination is necessary, please submit this completed form to your FPL account
manager no later than December 31 st, 2014.
If you do not elect the termination option, then:
1. Your service will continue on the currently applicable rate
2. Your generator must comply with all local, state and federal regulations; and
3. All other rights and obligations under FPL's CILC/CDR/CS rates, as specified in
the applicable agreement, remain in effect
Termination Request
The*termination option allows you to discontinue participation in FPL's CILC/CDR/CS
rate upon receipt of the request by FPL. If the termination option below is chosen, your
FPL account will be returned to the applicable Firm rate and you will no longer be
subject to participating in FPL load control events.
0 1 choose to Terminate the FPL account(s) listed below from the CILC/CDR/CS rate
and be placed on an applicable Firm service rate effective with the next billing period
following the date of this request. Deadline for submitting this request is
December 31't 2014.
Signature
On Behalf Of
FPL Account(s) Number
Date
PJ-
City of Tamarac
CHANGE ORDER
DATE OF ISSUANCE: 06-20-14
OWNER: CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, FL 33321-2401
BID NO. 13-16B
CONTRACTOR: Cardinal Contractors, Inc.
Purchasing & Contracts Division
CHANGE ORDER NO. 1
PROJECT NAME: Water Treatment Plant
PROJECT NO.
P.O. NUMBER
Emergency Generator
Replacement Project
UT-12A
160952
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE
FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND
SPECIFICATIONS:
DESCRIPTION: Purchase a Caterpillar 800 KW Non -Emergency Generator at an increased cost of
$107,994 and cancel the Caterpillar 1000 KW Emergency Generator to comply with more stringent Tier4
Environmental Protection Agency Air Emission Standards.
PURPOSE OF CHANGE ORDER: The Purchase of the Caterpillar 800 KW Non -Emergency Generator is
required to meet Tier 4 EPA Air Emission standards and will allow the Water Treatment Plant to remain on
FPL's Load Control Program. The addition to Contract Time is required due to Broward County and
Tamarac Permit Delays and generator change.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price
Original Contract Time
$ 11 319, 000.00
365 Days
Change Order No. 1
Net Change From Previous Change Orders
$ 1077994.00
0
Contract Price Prior To This Change Order
Contract Time Prior To This Change Order
$ 11319, 000.00
365 Days
Net (Increase) Of This Change Order #1
Net (Increase) Of This Change Order
$ 107, 994.00
120 Days
Contract Price With All Approved Change Orders
Contract Time With All Approved Change Orders
$ 1,426,994.00
485 Days
Acct No(s) Affected Amount Affected
425 1-536-97-02 $1079994.00
ROUTING: Dept. Director, Contractor, Purchasing Manager, City Manager, Purchasing Manager
DIED
u Services City Manager
Director y /110/
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% Date / / / 1 � 7Date � � Date
4
Contractor
William J. Mtoevitt, President