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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-079• Temp. Reso. #13971 July 12, 2023 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023- C7q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A PROJECT DEVELOPMENT AGREEMENT (PDA) WITH JOHNSON CONTROLS INC. (JCI) FOR THE DEVELOPMENT OF A TURNKEY PROJECT TO UPGRADE THE CUSTOMER WATER METERING SYSTEM AT A COST NOT TO EXCEED $74,140.00 UTILIZING PRICING AVAILABLE THROUGH SOURCEWELL CONTRACT NUMBER 070121- JHN; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ALL NECESSARY STEPS TO EFFECTUATE AND ADMINISTER THE PDA; AUTHORIZING EXPENDITURES FROM THE APPROPRIATE ACCOUNTS; 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 61 st Street; and WHEREAS, the City of Tamarac owns and maintains more than twenty-one thousand (21,000) water meters used to record potable water usage throughout the city; and WHEREAS, the City currently utilizes an outdated system of rotary dial register mechanical meters, which requires labor intensive and time-consuming manual reading and is susceptible to errors; and WHEREAS, the City is intending to upgrade the water metering system by procuring and installing Advanced Metering Infrastructure (AMI) and Acoustic Leak 0 Detection (ALD) which is more accurate, includes real-time meter information and Temp. Reso. #13971 July 12, 2023 Page 2 of 5 distribution system status, recovery of revenue due to significant reductions in un- accounted-for water, reduced water loss, better maintenance of the water distribution system, and improved customer service due to the ability to provide leakage and continuous water usage data to customers; and WHEREAS, the City of Tamarac participates in various cooperative purchasing organizations for public sector procurement, including Sourcewell, a Cooperative Purchasing Program available for membership by government, education, and nonprofit organizations, such cooperative purchasing organizations reduce the cost to the City of Tamarac by aggregating the purchasing power of public agencies nationwide; and WHEREAS, Johnson Controls Inc. (JCI) has submitted a proposal to provide project development services for the City's Water Metering System Upgrades through Sourcewell Cooperative Purchasing Contract Agreement No. 070121-JHN, a copy of said proposal is hereto attached as "Exhibit 1 -1 and WHEREAS, JCI possesses the required knowledge and experience to provide professional services needed to provide the professional services for the development of the program to upgrade the City's Water Metering System Upgrade, per the proposal including, but not limited to, the development of a Request for Pricing for AMI water meter materials and ALD system material and software, and installation labor, and develop a scope of work and estimated projects of the AMI / ALD Upgrades; and WHEREAS, Funding exists in the Adopted FY 2023 Budget, in the Public Services Water Distribution Operating Budget for said project; and WHEREAS, it is the recommendation of the Director of Public Services, the 0 Temp. Reso. #13971 July 12, 2023 Page 3 of 5 Director of Financial Services and the Purchasing and Contracts Manager that the Project Development Agreement with JCI be approved and the appropriate City Officials by authorized to execute and administer the Agreement, at a cost not to exceed $74,140.00 utilizing pricing through Sourcewell Contract No. 070121-JHN; 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 approve the Project Development Agreement, and authorize the appropriate City Officials to execute and administer the Agreement, and further authorize the expenditure of funds not to exceed $74,140.00 for said purpose. 0 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. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission HEREBY approves the Project Development Agreement with Johnson Controls, Inc. to provide professional services for the development of the Customer Water Metering System Upgrade Project and 0 authorizes the appropriate City Officials to execute and administer said Agreement; Temp. Reso. #13971 July 12, 2023 Page 4 of 5 Consulting, Inc., a copy of the Project Development Agreement is attached hereto as "Exhibit 1 ". SECTION 3: The City Manager or designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6- 147 of the City Code, and close the contract award, which includes but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 4: Funding for the Water Metering System Upgrade Project is 0 available in the Utility Renewal and Replacement Fund. SECTION 5: An expenditure from the appropriate accounts, in an amount not to exceed $74,140.00 from the appropriate accounts is HEREBY approved. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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. • Temp. Reso. #13971 July 12, 2023 Page 5 of 5 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of Ju 2023. ICHELLE J. GdMKZ MAYOR ATTEST: 0 KIC1r?BERMiLi.ON, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT, JR. DIST 3: COMM. VILLALOBOS �— DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. "S-'OTTINOT ITY ATTORNEY 0 EAh61�-1 DocuSign Envelope ID: 5DC633F7-OF4B-4096-8247-4FC5201B8296 Sourcewell !• Formerly NJPA June 27, 2023 Keith Glatz Purchasing and Contracts Manager City of Tamarac 7525 NW 88th AVE Tamarac, FL 32110 Keith, I have reviewed the quote from Johnson Controls for Project Development Agreement to upgrade the Customer Water Metering System totaling $74,140.00. The proposal is compliant with Sourcewell contract #070121-JHN as the pricing meets the requirements established by our contract. If you have any questions or require any additional information, please don't hesitate to reach out to me directly at 218-895-4124 or Corey.iensen@sourceweII-mn.gov. Respectfully, Corey Jensen 218-895-4124 Corey.jensen@sourcewell-mn.gov 202 12th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov DocuSign Envelope ID: 5DC633F7-OF46-4096-8247-4FC520168296 Johnson '/�0 City of Tamarac Controls Project Development Agreement PROJECT DEVELOPMENT AGREEMENT BETWEEN: City of Tamarac Johnson Controls, Inc. 7525 NW 88th Ave. AND 15901 SW 291h St. # 801 Tamarac, FL 33321 Miramar, Florida 33027 The purpose of this Project Development Agreement (PDA) is to confirm the intent of Johnson Controls, Inc. (JCI) and the City of Tamarac (Customer) to develop a turnkey project to upgrade the Customer Water Metering System. JCI and the Customer agree to conduct the development of a water meter system upgrade consisting of a system evaluation (as described in this document) and the generation of an Implementation Contract around the following goals: a. Comprehensive water meter improvements b. Installation and commissioning of an Advanced Metering Infrastructure (AMI) system c. Installation and commissioning of an automated leak detection system d. Deployment and commissioning of a customer engagement portal This PDA will outline the scope of services, the anticipated development timeline, and the intended outcomes. This agreement is in accordance with the Johnson Controls Sourcewell contract 070121-JHN. 1.) Scope of Services The Scope of Services for development is detailed below: a) Utility billing extract (provided by the Customer) that will be used in the AMI system radio frequency propagation study. b) Compile a list of City -owned assets onto which AMI system infrastructure may be mounted (if necessary). c) Develop an AMI system network that meets the JCI performance requirements across the distribution service area. 1. Draft and issue the AMI System Request for Proposal to the provider selected by the Customer 2. Review the results of the AMI propagation study d) Large Water Meter Survey 1. Survey and audit large revenue water meters and settings (fire line meters are excluded from the survey). This is to determine which large water meters may be tested, which large water meters are correctly typed for the current application, which large meter settings need modifications, and which large water meters merit replacement for the AMI system. 2. JCI will require that the Customer provide an escort during the large meter survey. NOTE: If the City elects not to conduct Item #1d above, the, the deductive amount is $5,120.00 from the Price and Payment Terms, Section 5 below. e) Draft and issue the water meter material Request for Pricing with public notice to qualified vendor(s). JCI and City to obtain, review, and vet qualified responses together to ensure optimal selection to meet the City's desired goals for incorporation into the Implementation Contract. This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely page 1 of 4 prohibited without the express written permission of Johnson Controls, Inc. © 2023 Johnson Controls, Inc. All rights reserved. DocuSign Envelope ID: 5DC633F7-OF4B-4096-8247-4FC5201B8296 Johnson Controls City of Tamarac Project Development Agreement f) Draft and issue the automated leak detection system material and software Request for Pricing with public notice to qualified vendor(s). JCI and City to obtain, review, and vet qualified responses together to ensure optimal selection to meet the City's desired goals for incorporation into the Implementation Contract. g) Draft and issue the customer engagement portal software Request for Pricing with public notice to qualified vendor(s). JCI and City to obtain, review, and vet qualified responses together to ensure optimal selection to meet the City's desired goals for incorporation into the Implementation Contract. h) Draft and issue the installation labor Request for Pricing to at least three (3) contractors approved by JCI. JCI and City to obtain, review, and vet qualified responses together to ensure optimal selection to meet the City's desired goals for incorporation into the Implementation Contract. Determine the cost for JCI to manage the installation and commissioning of the AMI system, automated leak detection system, customer engagement portal, and for water meter improvements. j) Develop a turnkey Scope of Work and project costs for JCI to implement the AMI system, automated leak detection system, customer engagement portal, and for water meter improvements. 2.) Development Timeline Milestones * Dates City Commission Meeting to approve the PDA 7/12/2023 PDA Customer Kickoff Meeting with JCI 7/2023 Utility billing system extract obtained from Customer 8/2023 Draft and Issue AMI System Request for Proposal 8/2023 Complete Large Water Meter Survey (if selected by City— item #1d) 8/2023 Draft and issue Requests for Pricing for Labor, Materials, & Software 9/2023 Customer Workshop — Present Final Turnkey Project Scope and Costs 10/2023 City Commission Approval of Implementation Contract 11/2023 *These milestones may be modified by subsequent work plans mutually agreed upon by both parties 3.) Deliverables Upon completion of the development, JCI shall deliver to the Customer a Scope of Work and Project Cost Report that will contain the following: a. A Turnkey Implementation Contract complete with the Scope of Work that has been approved by the Customer JCI project/construction management for the agreed upon Scope of Work Project cost A preliminary schedule for implementation of the project This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 2 of 4 prohibited without the express written permission of Johnson Controls, Inc. © 2023 Johnson Controls, Inc. All rights reserved. DocuSign Envelope ID: 5DC633F7-OF4B-4096-8247-4FC5201B8296 Johnson 0611 City of Tamarac Controls Project Development Agreement 4.) Records and Data During the project development, the Customer will furnish to JCI upon its request, accurate and complete data: customer billings, master plans, engineering reports, and other information to assist with developing the best solutions for the project. 5.) Price and Payment Terms The Customer agrees to pay to JCI the sum of $74,140.00 within 60 days after the delivery to the Customer of the Scope of Work and Project Cost Report described above in Section 3 "Deliverables." If the City does not elect to proceed with task Item #ld, Large Water Meter Survey, then the deductive amount is $5,120.00. 6.) Indemnity Customer agrees that JCI shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of JCI. To the extent permitted by law, JCI agrees to indemnify and to hold Customer, including Customer's officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind, including all legal costs and attorney's fees, resulting from the intentional misconduct of JCI's employees or any negligent act or omission by JCI's employees or agents. To the extent permitted by law and without waiving governmental immunity, Customer agrees to indemnify and to hold JCI, including JCI's officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind, including all legal costs and attorney's fees, resulting from the intentional misconduct of Customer's employees or any negligent act or omission by Customer's employees or agents. Neither JCI nor the Customer will be responsible to the other for any special, indirect, or consequential damages. 7.) Disputes If a dispute arises under this agreement, both parties shall promptly attempt in good faith to resolve the dispute by negotiation. 8.) Confidentiality This agreement creates a confidential relationship between JCI and the Customer. Both parties acknowledge that while performing this agreement, each will have access to confidential information, including but not limited to systems, services or planned services, suppliers, data, financial information, computer software, processes, methods, knowledge, ideas, marketing promotions, current or planned activities, research, development, and other information relating to the other party ("Proprietary Information"). Except as authorized in writing both parties agree to keep all Proprietary Information confidential. JCI may only make copies of Proprietary Information necessary for performing its services. Upon cessation of services, This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely page 3 of 4 prohibited without the express written permission of Johnson Controls, Inc. 0 2023 Johnson Controls, Inc. All rights reserved. DocuSign Envelope ID: 5DC633F7-OF4B-4096-8247-4FC5201B8296 Johnson 0III City of Tamarac Controls Project Development Agreement termination, or expiration of this agreement, or upon either party's request, whichever is earlier, both parties will return all such information and all documents, data and other materials in their control that contain or relate to such Proprietary Information. JCI and Customer understand that this is a confidential project and agree to keep and maintain confidentiality regarding its undertaking of this project. JCI shall coordinate its services only through the designated Customer representative and shall provide information regarding this project to only those persons approved by Customer. JCI will be notified in writing of any changes in the designated Customer representative. 9.) Miscellaneous Provisions This agreement cannot be assigned by either party without the prior written consent of the other party. This agreement is the entire agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. Any change or modification to this agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this agreement. This document represents the business intent of both parties and should be executed by the parties who would ultimately be signatory to a final agreement. ptance: City f T arac Signature Levent Sucuoglu Name City Manager Title Date Acceptance: Johnson Controls, Inc. kaff st bin, Signature Matt Singleton Name Area General Manager Title 6/29/2023 1 11:49 AM PDT Date This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely page 4 of 4 prohibited without the express written permission of Johnson Controls, Inc. © 2023 Johnson Controls, Inc. All rights reserved.