THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This action will amend the Agreement to extend its duration through November 26, 2018, to reallocate funds and to update certain exhibits.
The Office of Economic and Small Business Development (“OESBD”) established a Disadvantaged Business Enterprise (“DBE”) goal of 20% for this project. The Urban Group, Inc. (“TUG”) committed to 34.53% DBE participation. To date, TUG has been paid $27,193,562 and has paid DBE firms $9,642,664 for 35.46% participation (Exhibit 3).
On November 21, 2006 (Item No. 2), the Board approved the deliberately phased Agreement between Broward County and TUG for Noise Mitigation Program Assistance (“Program”) effective November 27, 2006 and ending November 26, 2009, with two additional one-year renewal options, for a maximum not to exceed amount of $280,203 for Phase I. Due to the ongoing Environmental Impact Statement at that time, the Agreement was divided into three phases. Additional information on the history of the Agreement is included in Exhibit 4.
On June 26, 2012 (Item No. 111), the Board approved the Fifth Amendment to the Agreement, for a maximum not to exceed amount of $34,088,463, increasing the total Agreement amount from $5,476,486 to $39,564,949 for Phase III; and extending the allowable term of the Agreement by five years, expiring on November 26, 2017. The Fifth Amendment also provided for an additional two, one-year optional extension periods, if approved by the Board.
Since the Board approved the Fifth Amendment, the Federal Aviation Administration (“FAA”) and Federal Emergency Management Agency (“FEMA”) implemented changes which impacted the scope of the Program. Delays resulted from these changes and the proposed Sixth Amendment as part of this action will add additional time for Consultant services in continued support of the Program.
The scope of the Fifth Amendment was for program management services for the Voluntary Mobile Home Park Acquisition and Relocation Program, the Voluntary Sales Assistance (“SA”) Program and the Voluntary Residential Sound Insulation (“RSI”) Program. The property owners from both eligible mobile home parks (Marshalls Everglade Mobile Home Park and Ocean Waterway Mobile Home Park) declined the Broward County Aviation Department (“BCAD") offer to purchase the properties. Therefore, in December 2013, BCAD determined that the Voluntary Mobile Home Park Acquisition and Relocation Program would be removed from the Program.
During 2013 and 2014, the SA Program was expanded to become the Sales Assistance/Conveyance and Release Program. The SA Program was also removed from the Program and was competitively solicited as part of the County's procurement process. On September 1, 2015 (Item No. 41), the Board awarded the Agreement for the Sales Assistance/Conveyance and Release Program to W.D. Schock Company, Inc.
The remaining scope of the Program in the Agreement with TUG is for the RSI Program which provides sound insulation improvements to residential homes impacted by noise levels from the South Runway Expansion. As the RSI Program progressed, additional consultant services were required to ensure that Federal Agencies, the County, City of Dania Beach, and the homeowners’ requirements were met.
Delays associated with the RSI Program began in early 2013 and continued into 2014. The primary delays included the FEMA requirement to re-evaluate the elevation of homes participating in the RSI Program to determine which homes were located in the floodplain, and what was necessary to obtain construction permits from the City of Dania Beach. The outcome resulted in the need for elevation certificates from the homeowners, and variances from the City of Dania Beach, where applicable. Bid packages that were completed at that time (Groups 3800E, F, H and I) required design changes and repackaging of the bid documents. The repackaging allowed homes outside the floodplain to be solicited by the County, while the impacted homes were addressed.
On May 24, 2016 (Item No. 51), the Board approved the award for the RSI Program, Group 3800K to a single bidder (S & L Specialty Contracting, Inc.). In an effort to expedite future construction of the remaining homes, Motion B of the Agenda Item approved an Amendment to the Agreement. The Amendment was an FAA required supplemental agreement, allowing the contractor to perform the work in future Groups 3800L, M, and N, subject to agreement on pricing. In October 2016, the FAA notified the County that they did not support the supplemental agreement and required that Groups 3800L, M and N be separately solicited and split into smaller groups.
During the discussion of the Group 3800K Amendment, the FAA revisited the eligibility of air conditioning and electrical upgrades in the homes. This resulted in an additional delay, and the bid package that was complete at that time (Group 3800L) was placed on hold, pending the FAA’s determination of which homes were eligible and non-eligible for Airport Improvement Project ("AIP") grant reimbursement to the County.
In June 2017, BCAD received FAA approval to proceed with Group 3800L. The Group was split into two smaller groups: Group L1 consisting of 112 homes readily eligible for AIP grant reimbursement, and Group L2 consisting of 45 homes requiring further identification to determine which elements were eligible and non-eligible for AIP grant reimbursement. Group L1 was immediately prepared for solicitation and repackaging of the bid documents resumed for the remaining Groups L2, M1, M2, N1 and N2. Group L1 is now in the solicitation process and anticipated to be awarded in December 2017.
Currently, there are 1,212 homes participating in the RSI Program. To date, construction associated with 677 homes is complete, 23 homes are in process and 512 are to be completed. BCAD and the Purchasing Division are working together to expedite the solicitation schedule for the remaining homes. The current schedule estimates that Groups L1 (112 homes), L2 (45 homes), M1 (123 homes), M2 (75 homes), N1 (117 homes) and N2 (40 homes) will be solicited and awarded by May 2018.
Approval of the proposed Sixth Amendment extends the Agreement for one additional year to November 26, 2018, to continue Consultant services in support of the RSI Program. Additionally, the Sixth Amendment reallocates existing funds as follows: $38,524,569 for Basic Services, $739,380 for Reimbursable Expenses, and $301,000 for Optional Services, with no change to the not-to-exceed Agreement amount of $39,564,949.
The proposed Sixth Amendment also clarifies the Agreement’s insurance requirements (Article 9) and updates the following exhibits: Exhibit A-6 updates TUG’s current Statement of Work, Exhibit B-6 updates Salary Costs in accordance with the Agreement (Article 5.2.4), Exhibit C-6 updates Subconsultant Participation, Exhibit D-6 updates current Reimbursable items, and Exhibit F-6 updates Optional Services.
The proposed Sixth Amendment has been reviewed and approved as to form by the Office of the County Attorney and the Risk Management Division.
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