Broward County Commission Regular Meeting


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AI-25265 7.       
Meeting Date: 10/03/2017  
Director's Name: Steven Cernak
Department: Port Everglades Division: Seaport Engineering & Facil. Maint.

Information
Requested Action
MOTION TO APPROVE Amended and Restated Agreement between Broward County and DeRose Design Consultants, Inc., for consulting services for the Port Everglades Wetland Enhancement/Southport Turning Notch Extension - Engineering Design, Request for Letters of Interest (RLI) No. R0884065R1; in the maximum not-to-exceed amount of $29,063,460, including reimbursable expenses in the maximum not-to-exceed amount of $3,050,045; and authorize the Mayor and Clerk to execute same.

(A member of the public pulled this item.)

ACTION:  (T-10:26 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 7-0.  Mayor Sharief was not present during the vote.  Commissioner Bogen was not present. 

ACTION:  (T-10:41 AM)  Mayor Sharief requested being shown voting in the affirmative.  (Refer to minutes for full discussion.)

VOTE: 8-0.
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.31.a4, Board of County Commissioners’ approval is required for all agreements exceeding $250,000 per annum or $400,000 in a multi-year period.
What Action Accomplishes
Provides the balance of additional consulting services for the Port Everglades Southport Turning Notch Extension project for Engineering Design and Construction Administration.
Is this Action Goal Related
Previous Action Taken
March 27, 2012 (Item No. 16)
February 2, 2014 (Item No. 44)
May 23, 2017 (Item No. 66)
Summary Explanation/Background
This action supports the Board's Value of "Ensuring opportunities for all people and businesses in Broward" and Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

A County Business Enterprise (CBE) goal for this project of 20% was established by the Office of Economic and Small Business Development (OESBD). DeRose Design Consultants, Inc. has committed to a 60% CBE participation rate. To date, DeRose Design Consultants, Inc., has achieved a 73.01% participation rate (see Exhibit 3).

On March 27, 2012 (Item No. 16), the Broward County Board of County Commissioners approved the Design Consultant Services Agreement between DeRose Design Consultants, Inc. (DDC) and Broward County for RLI No. R0884605R1. This Agreement was for professional design services associated with Phases I, II, and Part I of Phase III of the Wetland Enhancement/Southport Turning Notch Extension Project as described below.

On February 2, 2014 (Item No. 44), the Board approved the First Amendment to the deliberately phased agreement. This amendment authorized the Consultant to prepare Construction Documents as described in Part II of Phase III below.

This Amended and Restated Agreement allows for the continuation of the professional consulting services for the completion of the design, construction documents, as well as the construction administration (CA) and construction engineering inspection (CEI) for the Port Everglades Southport Turning Notch Extension (STNE) project. The project consists of extending the existing Southport Turning Notch approximately 1,500 feet to the west to allow for the berthing of up to five additional cargo vessels in Southport as outlined in the Port’s Master/Vision Plan. In order to best complete the overall project, three phases of work were established as follows:

Phase I and ll consisted of the Wetland Enhancement Project, which successfully created approximately 16.5 acres of new wetlands within Port Everglades to make way for Phase lll of the project, the STNE. The construction of these wetland areas have been completed, and the project is two years into the five-year monitoring period as stipulated in the Agreement with the Florida Department of Environmental Protection Agreement (FDEP) approved by the Board on  August 10, 2010 (Item No. 13). The Port completed the property transfer of the approximately 60-acre Conservation Easement located within Port Everglades to the FDEP on August 22, 2017 as required in the previous referenced agreement. This property transfer allows for the removal of approximately 8.7 acres of mangroves located to the west of the existing Turning Notch, making way for the extension.

Phase III of the project is the STNE. The existing Southport Turning Notch is a 900-ft. wharf (Berth 30) utilized for Port cargo operations. The wharf includes two existing container gantry cranes on rail. The existing Turning Notch has mangroves to the north and west and Berth 31 to the south. Phase lll of the project extends the Turning Notch to the west and north to allow for the berthing of up to five additional vessels, including one Neo-Panamax vessel at Berth 30. It includes the engineering design, permitting, and construction administration of the STNE. This phase was further divided into three sub parts. The STNE Project was planned such that the existing Berth 30 and surrounding marine terminals and other Port facilities will remain operational during the STNE construction.

Part I - STNE preliminary design, environmental review and permitting. This portion of the project has been finalized, and all required environmental related permits have been obtained.

Part II - Completion of Construction Documents (CD) associated with the final design of the project, and assistance with the procurement of a Contractor through the Broward County Purchasing Division’s standard bid procedures. Due to the complexity of this project, the Construction Manager at Risk (CM@Risk) procurement method was used. The Board approved an agreement with Moss/Kiewit (a joint venture), for the construction phase of this project on May 23, 2017 (Item No. 66). DeRose Design Consultants, Inc., is currently working with Moss/Kiewit to finalize the CDs and prepare the bid documents for construction. This phase is ongoing, with the CDs approximately 60% complete. This Amended and Restated Agreement includes additional services associated with this part.

Part III - CA and CEI for the construction phase of the project. During construction, the DDC team will oversee and inspect the work performed by the Moss/Kiewit sub-contractors for compliance with all CDs and Permits. This Amended and Restated Agreement also includes all scope associated with this part of the project.

Two Sunshined meetings were held to negotiate this Amended and Restated Agreement on August 21, 2017, and August 24, 2017. These meetings were attended by representatives of DeRose Design Consultants, Inc., Terramar Environmental Services, Inc., WSP/Parsons Brinckerhoff, Inc., Terracon Consultants Inc., The Chappell Group, Inc., McLaughlin Engineering Company, Inc., Atkins North America, Inc., County Attorney’s Office, County Auditor’s Office, Office of Economic and Small Business Development, Risk Management Division, Purchasing Division, and the Port Everglades Seaport Engineering and Construction Division.

The overall project schedule currently shows the completion of the Turning Notch Extension and wharf improvements in late 2021. This is based upon the critical path of other projects, including the completion of existing Port tenant facilities and relocation of tenant operations.

The Amended and Restated Agreement has been reviewed by the Port Everglades Risk Manager and approved as to form by the Office of the County.
Source of Additional Information
David Anderton, Assistant Director of Port Everglades Department, (954) 468-0144
John C. Foglesong, P.E., Enterprise Director, Capital Projects, Port Everglades Department, Seaport Engineering and Construction Division, (954) 468-0142

Fiscal Impact
Fiscal Impact/Cost Summary:
The previously negotiated fee for the project including amendments, was a maximum not-to exceed amount of $9,063,460, including $550,045 in reimbursable expenses. This Amended and Restated Agreement includes an additional negotiated fee for the project of a maximum not-to-exceed amount of $17,500,000, plus $2,500,000 in reimbursable expenses, for a total maximum not-to-exceed amount of $29,063,460, including a maximum not-to-exceed amount of $3,050,045 in reimbursable expenses.

The source of funding for this project is Port Everglades Capital Fund 42250. 

PeopleSoft Requisition No. SEA0000118.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Amended and Restated Agreement
Exhibit 3 - CBE Compliance Memo


    

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