Broward County Commission Regular Meeting


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AI-25648 20.       
Meeting Date: 12/12/2017  
Director's Name: Steven Cernak
Department: Port Everglades Division: Seaport Engineering & Facil. Maint.

Information
Requested Action
A. MOTION TO APPROVE Third Amendment to the deliberately phased Agreement between Broward County and BEA Architects, Inc., for Consulting Services for Engineering and Design Services for Southport Phase IX Container Yard, Request for Proposal (RFP) No. R1171027P1, to increase Basic Services by the not-to-exceed amount of $1,541,660, increase reimbursables by the not-to-exceed amount of $191,460, and increase optional services by the not-to-exceed amount of $180,000, for a new total not-to-exceed contract value of $2,860,850; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:27 AM)  Approved.
 
VOTE: 8-0.  Commissioner Ryan was not present during the vote.

B. MOTION TO ADOPT budget Resolution No. 2017-643 transferring funds from the Port Everglades Capital Fund Reserve in the amount of $1,013,119 for the purpose of providing funding for the Engineering and Design Services for the Southport Phase IX Container Yard project.

ACTION:  (T-10:27 AM)  Approved.
 
VOTE: 8-0.  Commissioner Ryan was not present during the vote.
Why Action is Necessary
A.  In accordance with Broward County Procurement Code, Section 21.31.b.2, the Board is required to approve all amendments for professional services exceeding $100,000.

B.  Board approval is required for transfers from reserve.
What Action Accomplishes
A.  Provides continuation of engineering and design services for the development of the Southport Phase IX-A & IX-B Container Yards at Port Everglades.

B.  Provides funding for engineering and design services for the Southport Phase IX-A and IX-B Container Yard project.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This item supports the Broward County Board of County Commissioners' Value of "Empowering economic 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."

The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 24% for this project. BEA Architects, Inc. agreed to meet the CBE participation requirements, which has been reviewed and approved by the OESBD (see Exhibit 4). To date, BEA Architects, Inc. has achieved a 36.75% participation rate.

The purpose of this Third Amendment to the deliberately phased Agreement is to continue professional consultant services for engineering and design services for the development of the Southport Phase IX-A & IX-B Container Yards within Port Everglades. 

On June 24, 2014 (Item No. 55), the Board approved the Agreement between Broward County and BEA Architects, Inc.  for Engineering and Design Services Southport Phase IX Container Yard, Request for Proposal (RFP) No. R1171027P1, for the total not-to-exceed amount of $899,723, which included reimbursable expenses in the not-to-exceed amount of $99,723, for Phase IX-B of the project.

On September 25, 2015, the Purchasing Director approved the First Amendment to the Agreement for an additional not-to-exceed amount of $48,007.30, for additional engineering and design services associated with Port tenant requirements. No additional time was added to the Agreement.

On January 7, 2016, the Purchasing Director approved the Second Amendment to the Agreement replacing Exhibit B to the Agreement with a revised Exhibit B, adjusting Consultant's billing rates based upon an audit. No additional time or funding was added to the Agreement.

The container yards associated with this project are integral to the expansion of Port Everglades' Southport as it relates to the growing containerized cargo business and in conjunction with the Southport Turning Notch Extension project that will accommodate larger cargo ships. The initial phase of this project, Southport Phase IX-B, included approximately 19 acres of new container yard and ancillary facilities constructed west of McIntosh Road. This work is approximately 85% complete and additional consulting services for added construction administration for this phase are included in the Third Amendment.  The Third Amendment also addresses the second phase of the project, Southport Phase IX-A, which includes consulting services for the demolition of the existing Foreign-Trade Zone warehouse buildings and development of the site into a cargo handling container yard facility. This phase of the project also includes optional layouts of the site within the optional services to address potential business needs for phased development of this terminal yard.

Two Sunshined negotiations meetings were held to negotiate this Third Amendment on September 21, 2017, and October 11, 2017. The meetings were attended by representatives of BEA Architects, Inc. and their sub-consultants, AECOM (URS), The Chappell Group, Inc., and Keith & Associates, Inc., the County Attorney's Office, County Auditor's Office, OESBD, Risk Management Division, Purchasing Division, and the Port Everglades Department.  

The following table represents the progress of the Agreement:
 
  Original Agreement Amend. No's. 1 & 2 Amend. No. 3      Totals      
Southport IX-A           $1,781,460
  Basic Services - -    $1,410,000  
  Reimbursables - -       $191,460  
  Optional Services - -       $180,000  
         
Southport IX-B           $1,079,390
  Basic Services                $800,000                  $48,007       $131,660  
  Reimbursables                  $99,723               -           -  
         
TOTALS              $899,723                $48,007  $1,913,120    $2,860,850 

The Amendment has been reviewed by the Port Everglades Risk Manager and approved as to form by the Office of the County Attorney.
Source of Additional Information
John C. Foglesong, P.E., Enterprise Director, Capital Projects, Seaport Engineering & Facilities Maintenance Division, Port Everglades Department, (954) 468-0142

Fiscal Impact
Fiscal Impact/Cost Summary:
This deliberately phased Third Amendment to the Agreement increases basic services funding by a maximum of $1,541,660 for the completion of Phase IX-B and work on Phase IX-A, increases maximum reimbursable expenses by $191,460, and increases optional services by $180,000, for a total not-to-exceed contract value of $2,860,850.

The source of funding for this project is the Port Everglades Capital Fund. The Board previously approved $1,847,750 for project design, and the budget Resolution will appropriate the additional funds for this phase of the project.

PeopleSoft Requisition No. SEA000000124.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Third Amendment To Agreement
Exhibit 3 - Budget Resolution
Exhibit 4 - CBE Compliance Memo


    

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