Broward County Commission Regular Meeting
Director's Name: Glenn Wiltshire (Acting Director)
Department: Port Everglades Division: Seaport Engineering and Construction
Information
Requested Action
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MOTION TO APPROVE First Amendment to Agreement between Broward County and T.Y. Lin International for Consultant Services for Port Everglades Bulkhead Replacement Project, Group 1, Request for Proposal (RFP) PNC2120415P1, increasing the maximum not-to-exceed amount for Basic Services from $3,590,000 to $10,190,000 for Design Package 1 (Berths 1, 2, 3,1A,1B,1C,1D, and the Entrance Channel North Bulkhead) and adding $3,635,000 for Design Package 2 (Berths 16, 17, and 18), for a maximum not-to-exceed amount of $13,825,000 for Basic Services; increasing Optional Services from $82,000 to $222,000 and increasing Reimbursables from $318,000 to $618,000 for Design Package 1; adding Reimbursables of $215,000 for Design Package 2 for the term of the Agreement; and adding language pertaining to grant funding; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
In accordance with Broward County Administrative Code Section 21.47(a), amendment to agreements exceeding $500,000 must be approved by the Broward County Board of County Commissioners.
What Action Accomplishes
This deliberately phased Agreement provides for professional engineering and related services to complete a series of bulkhead replacement projects (Group 1) guided by the Port Everglades Master/Vision Plan. The Amendment provides funding for Design Package 1 services including construction administration and inspection services for the construction, and also provides additional funding for design, construction documents, and bidding services for Design Package 2.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMEDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Ensuring accessible, seamlessly integrated investment in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward's lower and middle class.”
The Office of Economic and Small Business Development (“OESBD”) established a County Business Enterprise (“CBE”) participation goal of 25% for this Agreement. T.Y. Lin International has committed to a 27% CBE participation, which has been reviewed and approved by OESBD. To date, T.Y. Lin has achieved a 14.82% participation rate during the design and permitting phases. T.Y. Lin International has committed to continue using the CBE team members and intends to make up the CBE Goal difference in the construction phase of the project.
On June 1, 2021 (Item No. 37), the Board approved the deliberately phased Agreement between Broward County and T.Y. Lin International, for Request for Proposals (RFP) No. PNC2120415P1, Consultant Services for Port Everglades Bulkhead Replacement Project - Group 1, for Port Everglades in a not-to-exceed amount of $3,590,000 for Basic Services, $318,000 for Reimbursables, and $82,000 for Optional Services, for a total agreement amount of $3,990,000.
T.Y. Lin International has completed the design work for Design Package 1 covering the bulkheads at Berth 1, 2, 3. 1A, 1B, 1C, and 1D and the Entrance Channel North Bulkhead. With the approval by the Board of the substantial form of a Managing General Contractor Agreement with Moss and Associates on November 14, 2023 (Item No. 50) and execution by the County Administrator on November 28, 2023, that project in the Northport area of Port Everglades will soon be entering the construction phase. In addition, T.Y. Lin is ready to commence work on Design Package 2 covering the bulkheads at Berths 16, 17, and 18. In addition, after the approval and execution of the Agreement, Port Everglades was awarded grants for these projects containing both Federal and State funds. The language to comply with the grant requirements needed to be added to the Agreement.
One Negotiation Meeting was held on December 20, 2023, to negotiate this First Amendment to Agreement. This meeting was attended by representatives of Port Everglades, AtkinsRéalis, and T.Y. Lin International. The Amendment provides funding for the T.Y. Lin team for construction administration and inspection of Design Package 1 for an estimated duration of 24 months, as the original Agreement listed the funding for this phase as TBD. Optional Services for modification of the construction documents for Landscape, Hardscape, irrigation, and other incidentals in the area of the North Channel Bulkhead are included if authorized by the Contract Administrator. The First Amendment also provides funds for the Environmental Assessment, Design Services, and Permitting for Design Package 2, which will run concurrently with the construction covered by Design Package 1, as well as the additional language addressing grant compliance.
This Amendment will increase the maximum not-to-exceed amount by $10,235,000 for an amended not-to-exceed amount of $13,825,000 for Basic Services, increases Optional Services from $82,000 to $222,000, and increases Reimbursables from $318,000 to $833,000 to perform work on both Design Packages 1 and 2, for a total not-to-exceed amount of $14,880,000. Additionally, the Amendment updates the maximum hourly rates contained in Exhibit B and Exhibit B-1 of the Agreement.
This First Amendment has been reviewed 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 & Construction Division (954) 468-0142
Fiscal Impact
Fiscal Impact/Cost Summary
The source of funding for this project is the Port Everglades Capital Fund.