HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-065Temp. Reso. #9295
February 22, 2001 1
Revision 1, March 21, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001- 6-<
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 01-
01 B TO, AND EXECUTE A CONTRACT WITH, THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, CURRY
CONTROLS COMPANY, FOR AN AMOUNT OF
$1,946.923.00 FOR THE SCADA SYSTEM IMPROVEMENTS
PROJECT; APPROVING FUNDING FOR THIS PROJECT
FROM THE APPROPRIATE UTILITIES OPERATIONAL AND
CIAC ACCOUNTS INCLUDING THE APPROPRIATION OF
$488,314.00 FROM RETAINED EARNINGS; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE
CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the mandate of the Utilities Department of the City of Tamarac is
strategic planning, optimization and operations of the water and wastewater utilities
which requires the treatment and distribution of potable water as well as the collection,
transmission and disposal of wastewater in a safe, efficient and economical manner;
and
WHEREAS, a good level of service to the citizens and business owners of the
City of Tamarac can be provided and maintained only if all the components of the water
Temp. Reso. #9295
February 22, 2001 2
Revision 1, March 21, 2001
and wastewater systems are adequate for their duty and the operation of the systems
are undertaken in an efficient and reliable manner; and
WHEREAS, fluctuation in water and wastewater demands on a continuous basis
require that the water and wastewater systems be monitored constantly to ensure
continuous operation of the systems in an optimum and efficient manner and that
equipment malfunctions receive immediate maintenance attention before serious
trouble develops; and
WHEREAS, City Commission approved the SCADA System Improvements
Project and appropriated funds to address and rectify the inadequacies of the existing
SCADA System; and
WHEREAS, the Utilities Department retained the services of Montgomery
Watson, one of the City's consulting engineers, to complete the design and provide
construction administration services in accordance with the City Consulting Engineering
Agreement as authorized by the City on July 10, 1996, Resolution Number R-96-163;
and
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Temp. Reso. #9295
February 22, 2001 3
Revision 1, March 21, 2001
WHEREAS, the City of Tamarac advertised Bid No. 01-01 B for the SCADA
System Improvements Project; and
WHEREAS, on December 14, 2000, the following bids were opened and revised
for a reduced scope of work for the SCADA System Improvements Project:
COMPANY NAME
TOTAL BID $
Curry Controls Company
1,946,923.00
Acutec, Inc.
2,163,471.00
HSO Technology
2,359,891.00
Commerce Controls
2,415,224.00
Transdyn Controls, Inc.
2,877,033.00
WHEREAS, Curry Controls Company had the lowest bid proposal of
$1,946,923.00; and
WHEREAS, approved funds are available in the amount of $1,458,609.00; and
WHEREAS, it is recommended that additional funds in the amount of
Temp. Reso. #9295
February 22, 2001 4
Revision 1, March 21, 2001
$488,314.00 be appropriated from Retained Earnings to fully fund this project; and
WHEREAS, it is the recommendation of the Director of Utilities and
Purchasing/Contracts Manager that the project be fully funded and that Bid No. 01-01 B
be awarded to the lowest responsive and responsible bidder, Curry Controls Company;
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
award of Bid No. 01-01 B for the SCADA System Improvements Project to Curry
Controls Company, at a cost of $1,946,923.00.
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.
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Temp. Reso. #9295
February 22, 2001 5
Revision 1, March 21, 2001
SECTION 2: Bid No. 01-01 B for the SCADA System Improvements
Project is hereby awarded to, and that all appropriate City Officials are authorized to
execute the contract between the City of Tamarac and Curry Controls Company (a copy
of which is attached hereto as "Exhibit 1 ")
SECTION 3: A budget appropriation in the amount of $488,314.00 from
Retained Earnings is hereby approved for correct accounting purposes and the
contract is fully funded in the amount of $1,946,923.00.
SECTION 4: The City Manager, or his designee, be authorized to make
changes, issue Change Orders not to exceed $10,000 per Section 6-156(b) of the City
Code, and close the contract award including, but not limited to, making final payment
and releasing bonds when the work has been successfully completed within the terms
and conditions of the contract and within the contract price.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
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Temp. Reso. #9295
February 22, 2001 6
Revision 1, March 21, 2001
invalid, in part or application; it shall not affect the validity of the remaining portions or
applications of this Resolution.
4Fr.T1nN 7-
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 281h day of March, 2001.
- C
JOE SCHREIBER
MAYOR
ATTEST:
;MARION SWENSON, CMC
CITY CLERK
`I HEREPY CERTIFY that I have
6pprovi�d this RESOLUTI��V as
to formi) I . -I / 1
RG/TR/mg
MITCHELL S. IMF
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
AGREEMENT
BETWEEN THE CITY OF TAMARAC
FAk"Ia7
CURRY CONTROLS COMPANY
THIS AGREEMENT is made and entered into this .6 day of 2001
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Curry Controls Company, a
Florida corporation, with principal offices located at 1019 Pipkin Road, Lakeland, FL, 33811
(the "CONTRACTOR") to provide for construction of SCADA System Improvements.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
CITY and CONTRACTOR agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2) The Work
The CONTRACTOR shall perform all work for the City required by the contract
documents as set forth below:
a) The work of this contract consists of providing the necessary hardware and software for
monitoring and controlling 75 plus wastewater lift stations, 19 raw water wells, 2 pump
station/storage facilities, future storage facility, future Fluoride addition, new field
instruments at the Water Plant, and the retooling and refurbishment of the control
system of a water treatment plant, all as shown on the drawings and in accordance with
the information provided in the Contract Documents. Also included is all necessary PLC
logic and MMI screen programming and system integration as described in Contract
Documents.
b) CONTRACTOR shall clean up and remove each day all debris and material created by
the work at the CONTRACTOR's expense.
c) CONTRACTOR shall supervise the work force to ensure that all workmen conduct
themselves and perform their work in a safe and professional manner.
CONTRACTOR shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. CONTRACTOR shall at
all times have a competent field supervisor on the job site to enforce these policies
and procedures at the CONTRACTOR's expense.
d) All equipment must be stored in a safe manner when not in operation. The CITY
shall not be responsible for damage to any equipment or personal injuries caused
by the CONTRACTOR's failure to safely store equipment.
e) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule
change with the exception of inclement weather.
f) CONTRACTOR shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the CONTRACTOR, its employees, agents, or
subcontractors, if any, with respect to the work and services described herein.
g) CONTINUING USE OF EXISTING FACILITIES: The CONTRACTOR shall not
disrupt the alarming and control functions of the existing radio and telephone
telemetry system at any one site except for the following conditions:
1. The CONTRACTOR is in the process of installing new equipment and has a
workman at the site with a portable phone to call the CITY's operator at any
sign of trouble.
2. The existing telemetry equipment is back in service by the end of the working
day or the new equipment is operating.
3. No more than (3) stations shall be out of service for any time and all new
RTUs are working.
4. The new workstations are installed at the water plant control room and
monitoring and controlling the new RTUs.
h) Removal of existing Materials: The CONTRACTOR shall remove existing Telemetry
gear, to be replaced by new RTUs, including the radios, PLC, and cabinet and turn
over to the CITY. The CONTRACTOR shall remove all existing panels in the Water
Plant control room as shown on the drawings.
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3) Insurance
CONTRACTOR shall obtain at Contractor's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. CONTRACTOR shall maintain such insurance in full force and effect
during the life of this Agreement. CONTRACTOR shall provide to the City's Risk Manager
certificates of all insurances required under this section prior to beginning any work under
this Agreement. The CONTRACTOR will ensure that all subcontractors comply with the
above guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
CONTRACTOR shall indemnify and hold the City harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
Contractor's Liability Insurance policies shall be endorsed to add the City as an additional
insured. CONTRACTOR shall be responsible for payment of all deductibles and self-
insurance retentions on Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than ten (10) days after the date of the receipt of
the official Notice -to -Proceed. All Submittals shall be made no more than sixty (60) days
after notice to proceed, all RTUs and field instruments shall be delivered to the job site
within 200 days of approved submittals, all RTUs, radios, Computers, Consoles and all
other equipment shall be installed within 360 of approved submittals, substantial
completion shall be within 390 days of approved submittals and all items on the final punch
list shall be corrected within thirty (30) days of receiving the punch list. All work shall be
completed no later than sixty (60) days after the date of substantial completion. The
existing system shall remain in service until substantial completion and all RTUs are
reporting to the new workstations.
5) Contract Sum
The Contract Sum is $1,946,923.00 (One Million Nine -Hundred Forty -Six
Thousand Nine -Hundred Twenty -Three Dollars and 00/100), which includes a
contingency allowance in the amount of $100,000.00. Payment shall be computed
based on lump sum or applying unit prices to actual units installed and/or worked.
Contingency allowance will only be used for changes in the scope of work due to
unforeseen conditions and upon authorization from the engineer of record.
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6) Payments
A monthly payment/progress payment will be made for work that is completed,
inspected and properly invoiced. The CITY shall pay Contractor's itemized invoice on a
monthly basis for work completed. The City shall pay the CONTRACTOR for work
performed subject to the specifications of the job and subject to any additions and
deductions by subsequent change order provided in the contract documents. No payment
will be made for material stored on site.
7) Waiver of Liens
Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or Contractors who worked on the project that is the subject
of this Agreement.
8) Warranty
CONTRACTOR shall warrant the SCADA System Improvements for a period of two
years from the date of completion and final acceptance of work. In the event that defect
occurs during this time, CONTRACTOR shall perform such steps required in Division 17 —
Instrumentation Page 17100-11 Section 1.3 - Technical Specifications. CONTRACTOR
shall be responsible for any damages caused by defect to affected area or to interior
structure.
9) Indemnification
The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss of life,
bodily or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or
independent contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of the
CITY or its elected or appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any occurrence during the
term of this Agreement, even though the claim may be made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive CITY's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
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10) Non -Discrimination
The CONTRACTOR agrees that it shall not discriminate against any of its
employees or applicants for employment because of their race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination.
The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this Agreement.
11) Independent Contractor
CONTRACTOR is an independent contractor under this Agreement. Personal
services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and
subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of
the CITY. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the
CONTRACTOR.
12) Assignment and Subcontracting
CONTRACTOR shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
City Manager
City of Tamarac
7525 N.W. $$th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
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CONTRACTOR
David L. Curry
President
Curry Controls Company
1019 Pipkin Road
Lakeland, Florida 33811
14) Termination
This Agreement may be terminated by City or CONTRACTOR for cause or by the
City for convenience, upon seven (7) days of written notice by the terminating party to the
other party for such termination in which event the CONTRACTOR shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONTRACTOR abandons this Agreement or
causes it to be terminated, CONTRACTOR shall indemnify the city against loss pertaining
to this termination.
Default by CONTRACTOR: In addition to all other remedies available to the CITY,
this Agreement shall be subject to cancellation by the CITY should the CONTRACTOR
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
seven (7) days after receipt by CONTRACTOR of written notice of such neglect or failure.
15) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
17) Signatory Authority
The CONTRACTOR shall provide the CITY with copies of requisite documentation
evidencing that the signatory for CONTRACTOR has the authority to enter into this
Agreement.
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18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The nonenforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the CONTRACTOR and
the CITY, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written document
executed by both the CONTRACTOR and the CITY.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, through its Mayor and
Curry Controls Company (Name of party with whom Agreement is made), signing by and
through its President, (President, Owner, C.E.O., etc.) duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk L
Date: .00 0 f
ATTEST:
CITY OF TAMARAC
r
e Schreiber, Mayor
Date:
Jeffrey
ille , City Manager
Date:
Ap#ie
s t form and gal
Su.
Mitchell
l
S. Kra 51, ity Attorney
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(Corporate Secretary)
DAXd Et L., CURRY
% tint -Name of Corporate Secy
ROFrA, SEAL)
STATE OF FLORIDA
SS
COUNTY OF POLK
CURRY CONTROLS COMPANY
AignatuZof President)
David L. Curry
Type/Print Name of President
Date: 02/27/01
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the
Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared
David L. Curry of Curry Controls Com_pa, a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and DAvzD L. CURRY
acknowledged before me that he executed the same.
WITNESS my hand and official seal this __ZL_ day of FEBRUARY 12001.
00111
.? #OCY
�� N AjiR61�C(R,.
x) Personally known to me or
) Produced Identification
&-W,4-�
Signattire o otary Public — State of
Florida at Large
BETTY JEAN HAMILTON
Print, Type or Stamp Name of Notary
Public
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.