Broward County Commission Regular Meeting


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AI-27570 2.       
Meeting Date: 10/23/2018  
Director's Name: Mark Gale
Department: Aviation Division: Capital Development

Information
Requested Action
MOTION TO APPROVE Seventh Amendment to the deliberately phased Agreement between Broward County and The Urban Group, Inc., Agreement No. 20041118-0-AV-01, Consultant Services for Noise Mitigation Program Assistance at Broward County’s Fort Lauderdale-Hollywood International Airport, to extend the Agreement to November 26, 2019 to complete Phase III construction, with no change to the not-to-exceed Agreement amount of $39,564,949; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:39 AM)  Approved.

VOTE: 9-0.
Why Action is Necessary
In accordance with the terms of the Agreement and the Broward County Procurement Code, Section 21.94.a, any changes, including amendments to agreements must be approved by the appropriate award authority.
What Action Accomplishes
This action amends the Agreement to extend its duration by one year to administer completion of construction.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.

This action will amend the Agreement to extend its duration to November 26, 2019.

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 $30,987,251 and has paid DBE firms $10,749,925 for 34.69% 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 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. Exhibit 4 includes additional information on the Agreement history.

On November 7, 2017 (Item No. 3), the Board approved the Sixth Amendment to the Agreement, with no change to the total Agreement amount of $39,564,949 and extended the Agreement by one year for Phase III work, expiring November 26, 2018. There is currently one, one-year optional extension period available, which requires Board approval.

TUG provides consultant services including design and construction administration services for the Residential Sound Insulation (“RSI”) Program, which provides sound improvements to residential homes impacted by noise levels from the South Runway expansion. Continued consultant services are needed to complete Phase III construction, which is the final phase of construction.

There are a total of 1,224 homes participating in the RSI program. Sound insulation improvements for 825 homes will be completed by November 2018, with 399 homes pending construction. Since the Sixth Amendment was executed in November 2017, the final six contracts for the RSI program were awarded. Those six contracts will complete construction for homes in Groups L through N, with the final warranty periods ending in August 2020. Because the warranty periods last through 2020, the Broward County Aviation Department (“BCAD”) may seek additional approval from the Board to extend the Agreement for limited services through the remaining warranty periods. BCAD staff is working closely with the contractors to expedite the construction schedule of the groups of homes, while maintaining the quality of work. 

Once the sound insulation improvements are complete for the homes in Groups L through N, 75 final homes will be eligible to transfer to the Sales Assistance/Conveyance and Release (“SA/CAR”) program, for a total of 503 homes transferred into the SA/CAR program. The SA/CAR program was approved by the Board on September 1, 2015 (Item No. 41), and allows eligible residential property owners whose property lies within certain defined Airport noise impacted areas, to receive a benefit payment from the County in return for execution of a Conveyance and Release (“Release”) Agreement by the property owner. The Release conveys perpetual rights to the County, of free, unrestricted and unobstructed flight and passage, over and above the property.

Approval of the proposed Seventh Amendment provides for continued consultant services during the final phase of construction and extends the Agreement to November 26, 2019, with no change to the not-to-exceed Agreement amount of $39,564,949.

The proposed Seventh Amendment also updates the Agreement terms for retainage requirements (Section 5.5), updates Public Records language (Section 10.3), and updates Exhibit B, Salary Costs (in accordance with Section 5.2.4).

The proposed Seventh Amendment has been reviewed and approved as to form by the Office of the County Attorney.

The amounts referenced in this agenda have been rounded to the nearest whole dollar. Vendor payments will be based on the maximum amount payable under this Agreement. The Agreement Summary Sheet reflects the actual amount of the award.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director of Aviation Department, (954) 359-6199

Fiscal Impact
Fiscal Impact/Cost Summary:
This contract is budgeted for in Aviation’s PFC Capital Fund 40450 Project 102610.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Seventh Amendment
Exhibit 3 - OESBD Compliance Memorandum dated September 6, 2018
Exhibit 4 - Agreement History


    

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