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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: August 8, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment One to the Agreement for Brentwood Water Distribution Telemetry / SCADA System and Amendment Two to the Agreement for Professional Services of FluidIQs, Inc. (formerly known as Control Manufacturing Company, Inc.) for Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624.

Prepared by: Public Works: P. Eldredge

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute Amendment One to the Agreement for Brentwood Water Distribution Telemetry / SCADA System and Amendment Two to the Agreement for Professional Services of FluidIQs, Inc. (formerly known as Control Manufacturing Company, Inc.) for Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624.

PREVIOUS ACTION
On September 10, 2002, by Resolution No. 2658, City Council approved a Professional Services Agreement with JSP Automation to assist the City with the integration, programming and installation of the Water Distribution Telemetry / SCADA System, CIP Project No. 562-5620.

On September 23, 2003, by Resolution No. 2988, City Council awarded the construction contract for the Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624, to Control Manufacturing Company, Inc. and authorized the City Manager to execute the agreement and necessary documents in the amount of $1,185,824, which includes one bid alternate.

On January 13, 2004, by Resolution No. 2004-10, City Council authorized the City Manager to execute a Professional Services Agreement with Control Manufacturing Company, Inc., for the programming of the Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624.

BACKGROUND
The City hired FluidIQs, Inc. (formerly Control Manufacturing Company, Inc.) to perform the construction and programming of the Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade. This project allows the potable water system to be monitored and controlled remotely from one or more locations as one cohesive unit. The system has been substantially complete and utilized for approximately one year; however, there are some remaining details that have yet to be taken care of. Due to reasons within and beyond the reasonable control of FluidIQs, Inc., this project has exceeded the allotted contract time. Given all the options available, both the City and FluidIQs, Inc. agree that it is in their best interest to resolve this issue in a timely and cost efficient manner and thus these amendments are being presented for Council’s consideration.
Staff worked with the City’s legal counsel and FluidIQs, Inc. in drafting the terms and conditions of these amendments. In brief, FluidIQs, Inc. is to complete all punch list items, which includes all change orders and enhancements to the project at the current contract amount without any additional compensation and they have agreed to provide the programming service for the Chloramination of Wells, CIP Project No. 562-5617. The formalizing of these amendments ensure that FluidIQs, Inc. will complete the project to our expectations, without additional compensation, while being the most expedient option for completion of the project that is available to the City.

The City is still holding the full retention for this project and will continue to do so until all the work is complete to our satisfaction. Staff will continue to monitor their progress to ensure their work is finished within a reasonable amount of time.

FISCAL IMPACT
There is no net fiscal impact to the City associated with the approval of these amendments.

Attachments:
Resolution
Amendments

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE TO THE AGREEMENT FOR BRENTWOOD WATER DISTRIBUTION TELEMETRY / SCADA SYSTEM AND AMENDMENT TWO TO THE AGREEMENT FOR PROFESSIONAL SERVICES OF FLUIDIQS, INC. (FORMERLY KNOWN AS CONTROL MANUFACTURING, INC.) FOR WATER DISTRIBUTION TELEMETRY / SCADA SYSTEM AND WELL DISINFECTION SYSTEM UPGRADE, CIP PROJECT NO.’S 562-5620 AND 562-5624.

WHEREAS, on September 10, 2002, by Resolution No. 2658, City Council approved a Professional Services Agreement with JSP Automation to assist the City with the integration, programming and installation of the Water Distribution Telemetry / SCADA System Project, CIP Project No. 562-5620; and

WHEREAS, on September 23, 2003, by Resolution No. 2988, City Council awarded the construction contract for the Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624, to Control Manufacturing Company, Inc. and authorized the City Manager to execute the agreement and necessary documents in the amount of $1,185,824, which includes one bid alternate; and

WHEREAS, on January 13, 2004, by Resolution No. 2004-10, City Council authorized the City Manager to execute a Professional Services Agreement for the programming of the Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624; and

WHEREAS, the system has been substantially complete and utilized for approximately one year; however, there are some remaining details that have yet to be taken care of; and

WHEREAS, staff has worked with the City’s legal counsel and FluidIQs, Inc. in drafting the terms and conditions of these amendments; and

WHERAS, FluidIQs, Inc. is to complete all punch list items, which includes all change orders and enhancements to the project at the current contract amount without any additional compensation and provide the programming service for the Chloramination of Wells, CIP Project No. 562-5617 at no additional cost.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute Amendment One to the Agreement for Brentwood Water Distribution Telemetry / SCADA System and Amendment Two to the Agreement for Professional Services of FluidIQs, Inc. (formerly known as Control Manufacturing, Inc.) for Water Distribution Telemetry / SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 8th day of August 2006 by the following vote:
 

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