Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Water & Wastewater Administration
Information
Requested Action
title
MOTION TO APPROVE Settlement Agreement between Broward County and Control Instruments, Inc., ("C2i") for Wastewater Supervisory Control and Data Acquisition (“SCADA”) System Project, Contract No. Y1294206Cl, and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Broward County Board of County Commissioners ("Board") approval is required pursuant to Section 1-51.3, Broward County Code of Ordinances, to resolve claims in excess of $50,000.
What Action Accomplishes
Approves settlement agreement with Control Instruments, Inc., ("C2i").
Goal Related Icon(s)
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Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND WATER AND WASTEWATER SERVICES ADMINISTRATION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
Broward County (“County”) and Control Instruments, Inc., ("C2i") entered into the contract for Wastewater Supervisory Control and Data Acquisition (“SCADA”) System, Contract No. Y1294206Cl, Project No. 9184-100902 ("Contract"), for improvements at the North Regional Wastewater Treatment Plant ("Project").
The County issued Notice to Proceed No. 2 on August 14, 2017. The original Contract Time was 395 calendar days, establishing a Substantial Completion Date of September 13, 2018. The Contract was later extended by 908 calendar days, revising Substantial Completion to March 9, 2021. Substantial Completion actually occurred on August 21, 2023, which is 895 calendar days after the revised deadline. Under Article 3.3 of the Contract, liquidated damages accrue at $1,700 per day, resulting in $1,521,500 in liquidated damages owed to the County.
The County issued a Notice to Cure, dated July 15, 2024, requiring C2i to complete the remaining punch-list items within ten days. However, C2i did not complete this work. County has prepared final reconciliation Change Orders No. 1R, 12R, and 14R (for $0 and zero days each) and final Change Order No. 15, which includes a $80,953 credit for the remaining unpaid contract balance shown on Pay Request No. 42, each of which is included within Exhibit A of the Settlement Agreement.
If approved, the Settlement Agreement (Exhibit 1) entitles County to retain $236,804 in retainage under the Contract, which the Parties agree will be applied toward the assessed liquidated damages. The Parties wish to resolve all remaining matters relating to the Project and Contract without litigation.
Source of Additional Information
Alan W. Garcia, P.E., Director, Water and Wastewater Services, (954) 831-0702.
Fiscal Impact
Fiscal Impact/Cost Summary
This action will allow the County to keep remaining contract balance of $80,953 and retainage of $236,804 for a total of $317,757 to be returned to the project account.