MOTION TO APPROVE Fourth Amendment to the deliberately phased agreement between Broward County and David Miller & Associates, Inc., for Consulting and Professional Engineering Services for the Port Everglades Deepening and Widening Project, Request for Letters of Interest (RLI) No. R1049105R1, for an increase to the Phase 2, Preconstruction Engineering and Design (PED) Phase, in the maximum not-to-exceed amount of $565,993 which includes $147,939 in optional additional services, and an increase to reimbursables in the maximum not-to-exceed amount of $31,662, for an amended total potential contract value not to exceed $3,639,513; and authorize the Mayor and Clerk to execute same.
ACTION: (T-10:35 AM) Approved.
VOTE: 9-0.
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THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This item supports the Broward County Board of County Commissioners' (Board) Value of "Ensuring 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 10% for the overall project. David Miller & Associates, Inc. (DMA) committed to 20.1% CBE participation. Due to changes in the allocation of work between Broward County and the USACE for Phase 1 of the project, there were no opportunities for the two CBE firms identified in the original Agreement to perform any work that fit their specialty. Two additional CBE firms were added in Amendment No. 3 to perform specialized work associated with Phase 2 activities, and DMA expects that there will be opportunities during Phase 3 to use the skills of the original CBE firms to meet their 20.1% commitment. The additional CBE participation has been reviewed and approved by the OESBD. To date, DMA has achieved a 0% CBE participation (Exhibit 3). However, it is important to note that Pinnacle Ecological, Inc., which is a CBE certified subconsultant to DMA, has completed approximately $166,000 in effort which has not been invoiced as yet.
This Fourth Amendment to the deliberately phased Agreement provides for an increase in scope and fee for three tasks of Phase 2 (PED Phase) of the USACE Port Everglades Navigation Improvements (Deepening and Widening) Project. The services associated with this amendment include Performing Baseline Reef Survey (Task 2.1.2), Interagency Coordination and Facilitation (Task 2.2), and Listed Coral Species Survey (Task 2.4.1).
The increase in scope for Tasks 2.1.2 and 2.4.1 is a direct result of several coordination meetings held with the Interagency Working Group (IWG) for the project which is comprised of staff from Broward County, USACE, Florida Department of Environmental Protection (FDEP), U.S. Environmental Protection Agency (EPA), National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (FWS), and the Florida Fish and Wildlife Conservation Commission (FWC). These meetings were held to further develop and come to agreement on these required survey protocols. There are also additional fees included for Task 2.2, which is associated with the independent third party facilitator for meetings with the IWG and whose work will continue through the remainder of the PED Phase.
This second Phase (PED Phase) follows the previously approved Phase 1, Feasibility Phase Activities, which included: introduction of the consulting team to the current status of the USACE feasibility study process, project scheduling and tracking, review of the environmental feasibility studies, project management and plan preparation, environmental support activities, and benefit/cost review and analysis.
A future Phase 3, Construction Phase Activities, will include integrating the consulting team into the construction activities through project management, environmental assessments, engineering and construction management activities, and additional survey/mapping and geotechnical investigation services. Phase 3 will be negotiated at a future date.
On December 11, 2012 (Item No. 24), the Board approved the deliberately phased Consulting and Professional Services Agreement between DMA and Broward County for RLI No. R1049105R1 for Phase 1 of the project in the maximum not-to-exceed amount of $474,674, including reimbursables in the maximum not-to-exceed amount of $35,509 for project expenses. This Agreement outlined the three project phases, but only covered the effort and fees for Phase 1 (Feasibility). Phases 2 and 3 were listed with fees to be negotiated at a later date. On March 27, 2013, the Director of Purchasing approved the First Amendment to the Agreement increasing the cost of the initial Agreement by $84,627 for additional economic and project benefits analysis support for the County and USACE associated with the USACE HarborSym economic impact model, and $3,777 for reimbursables for a total First Amendment of $88,404, increasing the total not-to-exceed cost of the amended Agreement to $563,078. On August 20, 2013, the Director of Purchasing approved the Second Amendment to the Agreement increasing the cost of the initial Agreement by $30,260 for an additional seagrass survey and report covering portions of the deepening and widening project area, and $10,137 for reimbursables for a total Second Amendment of $40,397, increasing the total not-to-exceed cost of the amended Agreement to $603,475. On April 26, 2016 (Item No. 30), the Board approved the deliberately phased Third Amendment to the Agreement for Phase 2 (PED Phase) of the project in the maximum not-to-exceed amount of $2,438,383, including reimbursables in the maximum not-to-exceed amount of $453,666 for project expenses.
Four Sunshine meetings were held to negotiate this Fourth Amendment: on April 17, 2017, April 18, 2017, April 25, 2017 and May 1, 2017. These meetings were attended by representatives from DMA, Dial Cordy & Associates, Pinnacle Ecological, Inc., and the USACE, as well as representatives from the Port Everglades Department.
These negotiations resulted in the Fourth Amendment to the Agreement between Broward County and DMA, for Consulting and Professional Engineering Services for the Port Everglades Deepening and Widening Project. The term of the Agreement remains the same, with the original five-year term expiring on December 12, 2017, with the Purchasing Director being authorized to approve two one-year optional extensions beyond the end of the term.
The Amendment has been reviewed by the Port Everglades Risk Manager and approved as to form by the Office of the County Attorney. |