Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve Contract #20240131 with ABB Inc.
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Submitted By: Kevin R. Matyjaszek, Utility Systems Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Utility Systems Department
2. Parties: City of Port St. Lucie and ABB Inc., a foreign corporation (“Vendor”)
3. Purpose: Purchase and installation of electrical components at the water and wastewater treatment facilities.
4. New/Renewal/Modified: New.
5. Duration: This Agreement is intended to cover the purchase of the items listed in the ABB Proposals (ABB Proposal 1 and ABB Proposal 2, attached). The term of this Agreement will be from execution of this Agreement by both parties until the City has agreed in writing that all goods and/or services required under the ABB Proposals have been completed.
6. Benefits to Port St. Lucie: To ensure continued operations at the City’s water and wastewater treatment facilities.
7. Cost to Port St. Lucie (Annual and Potential): The estimated total cost is $362,788.00.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve Contract #20240131 with ABB Inc.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Contract #20240131 with ABB Inc.
2. Move that the Council not approve Contract #20240131 with ABB Inc. and provide staff with direction.
Background: The City of Port St. Lucie, by and through its Utility Systems Department (“USD”) requires the purchase of several electrical components from ABB Inc. (“Vendor”). The City Attorney’s Office has been negotiating terms and conditions with the Vendor for several months now, however, the USD is requesting finalization of the Agreement and approval by Council with the terms as stated in the attached Contract #20240131 as the purchase of these parts are crucial to continued electrical operations of the water and wastewater treatment facilities.
Issues/Analysis: This Vendor provides goods as a sole source vendor for the electrical support at the water and wastewater treatment facilities.
Financial Information: Account #438-3310-563000 (Prineville) $132,684.00 and $215,679.00 respectively. Account #438-3512-563000 (James E. Anderson) $4,000.00 and Account #438-3512-563000 (Westport wastewater treatment facility) $10,425.00 for a total combined amount of $362,788.00.
Special Consideration: Notably, there are several portions of the Agreement that the City has been unable to favorably negotiate, including provisions for insurance, audits, and indemnification. However, given the exigent need for the goods and services provided under the Contract, the fact that the Vendor is a sole source vendor, and that the City Attorney’s Office has approved the legal sufficiency of the Agreement, staff is seeking approval of the Agreement terms as a business decision.
Location of Project: Utility Service Area.
Attachments:
1. Contract 20240131.
2. ABB Proposal 1.
3. ABB Proposal 2.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24191-04
Legal Sufficiency Review:
Reviewed by Alyssa Lunin, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.