Broward County Commission Regular Meeting


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AI-26677 29.       
Meeting Date: 06/12/2018  
Director's Name: Steven Cernak
Department: Port Everglades Division: Operations

Information
Requested Action
MOTION TO APPROVE Second Amendment to the deliberately phased Restated Agreement between Broward County and Liftech Consultants, Inc., for Consultant Engineering Services for Cranes, Agreement No. N1038712R1, adding a lump sum amount of $640,000, a maximum not-to-exceed amount of $610,929, and a maximum not-to-exceed amount of $93,650 for reimbursables for additional scope of services related to Project Phase 3, Task 2 activities, increasing the total value of the contract by $1,344,579 to a new total of $13,207,277; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, signature pages have been received.)

ACTION:  (T-10:24 AM)  Approved.
 
VOTE: 7-0.  Commissioners LaMarca and Ryan were not present.         
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.31.b.2, the Board is required to approve all amendments for professional services exceeding $100,000.
What Action Accomplishes
Provides funding for Phase 3, Task 2 of the deliberately phased agreement for crane construction support services consisting of inspection, auditing, project management, and commissioning of the three new Super Post-Panamax container gantry cranes being manufactured in China for delivery to Port Everglades.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This action supports the Board of County Commissioners' Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

On March 19, 2013, (Item No. 34) the Board approved a deliberately phased Agreement between Broward County and Liftech Consultants, Inc., ("Liftech") to furnish comprehensive services for crane rail and related infrastructure design and engineering in preparation for the acquisition of up to five new Super Post-Panamax rail mounted container gantry cranes with lift capacities of 65 long tons, as well as upgrades of the existing seven Samsung container cranes in the Southport area of Port Everglades, to include increasing the lift capacity from the current 46.5 long tons to 65 long tons and changing the electric drive systems from DC to AC.

On February 25, 2014, (Item No. 43) the Board approved the First Amendment to Agreement to add tasks related to the new crane  and crane rail infrastructure design and upgrades to the existing cranes.  On October 14, 2014, the Director of Purchasing approved the Second Amendment to Agreement to add the design of an electrical vault to house new equipment required by Florida Power & Light, and on February 2, 2015, the Director of Purchasing approved the Third Amendment to Agreement to account for splitting the infrastructure construction into two packages for bidding purposes.

On April 5, 2016, (Item No. 12) the Board approved a Restated Agreement between Broward County and Liftech for deliberately phased engineering consulting services for container cranes. The Restated Agreement incorporated the Original Agreement and its three Amendments.

On March 14, 2017, the Director of Purchasing approved the First Amendment to the Restated Agreement for a feasibility study to extend the length of the boom and increase the lift height of the existing container cranes and revise the design documents for the electrical infrastructure of the new cranes.

On June 6, 2017, (Item No. 34) the Board approved the Agreement between Broward County and Shanghai Zhenhua Heavy Industries Co., Ltd., Inc. ("ZPMC") for the purchase of three Low Profile Super Post-Panamax container gantry cranes with an option to purchase up to three additional cranes. The First Notice to Proceed for crane design was issued to ZPMC on December 29, 2017. The first three cranes are currently being designed by ZPMC, with design review being conducted by Liftech under the terms of the Restated Agreement with Broward County. Port staff intends to issue the Second Notice to Proceed to ZPMC to commence the manufacturing of the three cranes not later than June 28, 2018.

The Second Amendment to the Restated Agreement covers crane construction support services consisting of inspection, auditing, project management, and commissioning for the three new Super Post-Panamax container gantry cranes that will be performed on-site at the ZPMC manufacturing facility in China and during delivery at Port Everglades.  The negotiations for these services were deferred until the Agreement with ZPMC was approved by the Board and the First Notice to Proceed issued. The major elements of the scope of services and related costs for the Second Amendment to the Restated Agreement are Project Management $128,189 (all lump sum); Manufacturing and Crane Offload Documents Review $177,024 (all lump sum); Manufacturing and Commissioning Audit at ZPMC China $697,114 (composed of $275,337 lump sum; $339,627 not-to-exceed; $82,150 reimbursable); Commissioning Audit at Port Everglades $155,683 (composed of $16,096 lump sum; $128,087 not-to-exceed; $11,500 reimbursable); Processing Payments to ZPMC $43,354 (all lump sum); Contingency For Disputes Resolution $42,789 (all not-to-exceed); and Contingency For Potential Manufacturing Delays $100,426 (all not-to-exceed).  The combined dollar amounts of the above elements are $640,000 lump sum, $610,929 not-to-exceed, and $93,650 reimbursable, for a Second Amendment not-to-exceed total of $1,344,579.

Sunshined negotiations were conducted with Liftech Consultants on March 29, 2018 that included representatives from the Port Everglades Department and County Attorney's Office that resulted in agreement on the scope of services and associated fees for Liftech to provide crane construction support services consisting of inspection, auditing, project management, and commissioning for the three new Super Post-Panamax container gantry cranes that will be performed on-site at the ZPMC manufacturing facility in China and during delivery at Port Everglades. The negotiated total for Liftech services for this work is a not-to-exceed amount of $1,344,579. The current schedule submitted by ZPMC is for the manufacturing and testing of the cranes in China to be completed by June 2019, with delivery to Port Everglades anticipated in late August 2019.

With the addition of the deliberately phased services covered by this amendment, the total cost for all Phases, all Tasks of the Restated Agreement is a not-to-exceed amount of $13,207,277. Funds expended to date total $3,408,491.

The Second Amendment has been reviewed and approved as to form by the Office of the County Attorney. Signature pages will be provided prior to Board action.
Source of Additional Information
Robert J. Flint, Director of Operations, Port Everglades (954) 468-0218

Fiscal Impact
Fiscal Impact/Cost Summary:
Funding for the Second Amendment in the not-to-exceed amount of $1,344,579, has already been appropriated by the Board in the Port Everglades Capital Fund.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Second Amendment to Restated Agreement


    

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