R07-059
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RESOLUTION NO. R07- 0 b ~
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A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE AWARD AND
EXECUTION BY THE CITY MANAGER AND CITY
CLERK OF A CONTRACT TO DcR ENGINEERING,
INC., OF LAKELAND, FLORIDA FOR SCADA AND
TELEMETRY SYSTEM GOODS AND SERVICES IN
THE ESTIMATED AMOUNT OF $2M - $2.5M OVER A
TWO YEAR PERIOD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 21, 2007, Procurement Services opened and tabulated five
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(5) proposals to RFP#037-2821-07/CJD for SCADA and Telemetry System Goods and
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Services; and
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WHEREAS, an evaluation committee was formed for the purpose of reviewing
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proposals and recommending a company to provide Supervisory Control and Data
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Acquisition system and Telemetry system services; and
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WHEREAS, after review and evaluation it has been determined appropriate by
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staff to recommend award of this contract to DcR Engineering, Inc., of Lakeland, Florida
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whose proposal was overall responsive and responsible proposer; and
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WHEREAS, the City Commission of the City of Boynton Beach upon
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recommendation of staff, deems it to be in the best interest of the citizens of the City of
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Boynton Beach to award and authorize execution of a contract to DcR Engineering, Inc., for
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RFP#037-2821-07/CJD, in the approximate amount of $2m - $2.5m for SCADA and
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Telemetry System goods and services.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOlAgreements\Bld AwardslAward Contract to DCR for Scada Telemetry.doc
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution by the City Manager and City Clerk
6 of a contract to DcR Engineering, Inc., for RFP#037-2821-07/CJD, in the approximate
7 amount of $2m - $2.5m for SCADA and Telemetry System goods and services, a copy of
8 which is attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of June, 2007.
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28 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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AGREEMENT
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred
to as "the City", and DCR Engineering Services, Inc., with a business address of P.O. Box 935,
Mulberry, Florida 33860, hereinafter referred to as "the Contractor", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform services in
connection with the project designated "SCADA AND TELEMETRY SYSTEM GOODS
AND SERVICES FOR THE CITY OF BOYNTON BEACH".
2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit 'A'
attached hereto, including the provision of all labor, materials, equipment and supplies. No
modifications will be made to the original scope of work without the written approval of the
CITY's assigned project manager.
3. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be
renewed for two (2) additional two (2) year periods subject to the execution of a written
amendment to this Agreement by both parties.
4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Contractor to proceed. Contractor shall perform all services
and provide all work product required to develop recommendations and timetable for
implementation.
5. PAYMENT. The Contractor shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on Exhibit 'A'
attached hereto.
b. The Contractor may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be checked by
the City, and upon approval thereof, payment will be made to the Contractor in the amount
approved.
c. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
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e. The Contractor's records and accounts pertammg to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after final payments. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Contractor in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Contractor shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Contractor's endeavors.
7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Contractor's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Contractor.
9. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Contractor nor any employee of Contractor
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Contractor,
or any employee of Contractor.
11. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Contractor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
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upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the City shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
14. NON-WANER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Contractor.
b. In the event of the death of a member, partner or officer of the Contractor, or any of its
supervisory personnel assigned to the project, the surviving members of the Contractor
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Contractor and the City, if the City so chooses.
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Contractor shall be sent to the following address:
Name Todd Bredbenner, President
DCR Engineering Services
Street P.O. Box 935
City, State, Zip Mulberry, FL 33860
18. INTEGRATED AGREEMENT. This agreement, together with attachments, including, but
not limited to all bid documents prepared by the City and the Contractor, and addenda,
represents the entire and integrated agreement between the City and the Contractor and
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supersedes all prior negotIatIOns, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Contractor.
DATED this ~ day of
~e
,2007 .
CITY OF BOYNTON BEACH
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City Manager
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Contractor
Attest! Authe
'?~s)dent
Title
(!r: Yn.
Ci Clerk
(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
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EXHIBIT 'A'
SCOPE OF SERVICES
The Scope of Services is the means by which the Goal is to be evaluated and addressed. This list
may not be all encompassing, and any additional specific means must be approved in advance. It
is expected that all coordination of activities will be conducted through the Department's
assigned liaison(s). Information and/or work documents, obtained through this Scope of
Services, shall be distributed only through the Department as deemed appropriate.
1. Upgrading and integration of the current (4) SCADA systems for the water treatment plants,
well fields and lift stations into a single system incorporating the chosen Trihedral
VTSCADA software. A Process Data Historian will be included with user definable data
search capability and connectivity to any potential future Asset Management System.
2. Installing new or retrofitting existing remote location telemetry and control systems utilizing
Motorola MOSCADTM PLC's or EQUIVALENT, and associated radio communication
equipment, base stations and connections to the plant SCADA system.
3. Retrofitting portions of conventional analog based or hard-wired control systems currently in
place to interface with the proscribed SCADA system. Modifications of all hardware,
software and ancillary devices involved in such retrofit activities will be the sole
responsibility of the respondent. The selected firm must demonstrate its familiarity with and
ability to perform such tasks.
4. Expanding the SCADA system to include monitoring and/or control of additional equipment,
including equipment or processes not currently automated by any existing SCADA system.
5. Installing new or retrofitting existing PLC's according to any prevalent standard, including
any hardware installation issues up to and including any measurement or control device, and
any associated programming.
6. Assist in troubleshooting any potentially faulty hardware, software, telemetry or associated
systems, and correcting any identified faults.
7. Assisting in, or undertaking, the design and installation of any Manufacturing Execution
System infrastructure including any hardware, software, control panels, wiring,
instrumentation and any other related or associated systems.
8. Assist in the preparation and ongoing maintenance of all appropriate standards including
those associated with Programming, System Security, HMI, hardware, software and
telemetry.
Exhibit' A'
MEMORANDUM
TO: Janet Prainito DATE: July 16,2007
City Clerk ~
FROM: Carol Dopp~ ~ECT: CONTRACT FOR SCADA AND
Senior Buyer TELEMETRY SYSTEM GOODS AND
SERVICES RFP#: 037-2821-07/CJD
Attached is the Contract for "SCADA AND TELEMETRY SYSTEM GOODS AND
SERVICES", RFP # 037-2821-07/CJD that was approved at the June 19, 2007, Commission
meeting.
Please file accordingly
Thank you