Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Operations
Information
Requested Action
title
MOTION TO APPROVE Eighth Amendment to the Restated Agreement between Broward County and Liftech Consultants, Inc., for Consultant Engineering Services for Cranes, Agreement No. N1038712R, extending the term of the Agreement until May 31, 2028, providing extended services related to crane upgrades and crane rail infrastructure at Port Everglades, and increasing compensation by $2,297,262 to a new not-to-exceed amount of $23,330,383; and authorize Mayor and Clerk to execute same.
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Why Action is Necessary
In accordance with the Broward Procurement Code, Section 21.47 (a), Award and Execution Authority, Broward County Board of County Commissioners approval is required for awards or amendments exceeding $500,000.
What Action Accomplishes
The Eighth Amendment extend the Restated Agreement by 29 months and provides for additional work and related compensation for consulting engineering services related to the upgrades to existing cranes, painting, and crane rail infrastructure at Port Everglades.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
Liftech Consultants, Inc. (“Liftech”) has been providing container crane consulting services since March 2013. On April 5, 2016 (Item No.12), the Board approved the Restated Agreement between Broward County and Liftech (the “Restated Agreement”) for consultant engineering services for container cranes under the referenced RLI in a total amount of $11,770,761.
On March 14, 2017, the Director of Purchasing approved the First Amendment to the Restated Agreement, which provided for a feasibility study to extend the length of the crane boom and increase the lift height of the existing container cranes, and to revise the design documents for the electrical infrastructure for the procurement of new low profile Super Post-Panamax container gantry cranes. The additional compensation under the First Amendment was $91,937, increasing the total value of the Restated Agreement to $11,862,698.
On June 12, 2018 (Item No. 29), the Board approved the Second Amendment to the Restated Agreement which covered new crane construction support services consisting of inspection, auditing, project management, and commissioning of three new cranes to be performed at the ZPMC manufacturing facility in Shanghai, China, and at Port Everglades when the three new cranes were delivered. The additional compensation under the Second Amendment was $1,344,579, increasing the total value of the Restated Agreement to $13,207,277.
On June 10, 2019, the Director of Purchasing approved the Third Amendment to the Restated Agreement, which covered additional compensation for additional workload and effort attributed to the new crane design. The additional compensation under the Third Amendment was $186,000, increasing the total value of the Restated Agreement to $13,393,277.
On February 25, 2020 (Item No. 49), the Board approved the Fourth Amendment to the Restated Agreement, extending the Agreement term to December 31, 2023, and providing additional compensation to cover additional workload and effort attributed to landside infrastructure, new crane fabrication audit and construction support services. The additional compensation under the Fourth Amendment was $3,768,098, increased total value of the Restated Agreement to $17,161,375.
On March 10, 2021, the Director of Purchasing approved the Fifth Amendment to the Restated Agreement, providing additional compensation to cover the extended timeframes for new crane manufacturing work in China due to the pandemic. These extended timeframes affected the shipping dates from China of the first three cranes for ZPMC, resulting in the need for Liftech and its subconsultants to provide continuing on-site audit services in China until the cranes were completed. The additional compensation under the Fifth Amendment was $67,250, increasing the total value of the Restated Agreement to $17,228,625.
On June 1, 2021 (Item No. 11), the Board approved the Sixth Amendment to the Restated Agreement to extend the term until December 31, 2025, and to provide for additional compensation to cover additional workload attributed to the relocation of existing Samsung cranes SP-4 & SP-5, upgrades to all seven existing Samsung cranes, three additional new ZPMC cranes fabrication audit and construction support services. The additional compensation under the Sixth Amendment was $3,792,796, increasing the total value of the Restated Agreement to $21,021,421.
On August 22, 2023, the Director of Purchasing approved the Seventh Amendment to the Restated Agreement, providing additional compensation to cover the extended timeframes for the new crane manufacturing work in China due to manufacturing delays. The amendment also allowed the Contract Administrator to extend the on-site crane manufacturing audit services on a weekly or monthly basis as an Optional Service. The additional compensation under the Seventh Amendment was $11,700, increasing the total value of the Restated Agreement to $21,033,121.
The Eight Amendment to the Restated Agreement adds additional compensation for on-site engineering and construction support for the crane upgrades as well as consulting services for crane rail weld crack repairs, and reallocates unused funds from completed contract phases and tasks, resulting in an increase of $2,385,083 in Maximum Amount Not-to-Exceed compensation, a reduction of $137,821 in Lump Sum compensation, and an increase of $50,000.00 in Optional Services. The compensation for the additional work adds a total of $2,297,262, increasing the total value of the Restated Agreement from $21,033,121 to $23,330,383.
Negotiations on the Eighth Amendment were held on November 14, 2024, with representatives from Liftech, the Port Everglades Department, and the County Attorney’s Office on the scope of services and associated fees for Liftech to provide the additional services. The negotiated total for Liftech’s additional services for this work is $2,297,262 as follows:
Phase 5, Crane Upgrades & Painting
• Not-to-exceed at hourly rates $2,549,910
Phase 7, Landside Infrastructure Upgrades
• Not-to-exceed at hourly rates $ 355,392
Optional Services
• Not-to-exceed at hourly rates $ 50,000
Reduction to Other Tasks/Phases
• Not-to-exceed at hourly rates $ (520,219)
• Lump Sum $ (137,821)
The amendment also extends the term of the Agreement from the current expiration date of December 31, 2025, to May 31, 2028, to provide additional time to complete the additional scope of services. With the addition of the deliberately phased services covered by this amendment, the total cost for all Phases of the Restated Agreement is $23,330,383. Funds expended to date total $18,923,459.33
The Eighth Amendment has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Ricardo Charlton, Director of Operations, Port Everglades Department, 954-468-0218.
Fiscal Impact
Fiscal Impact/Cost Summary
Funding for the Eighth Amendment in the not-to-exceed amount of $2,297,262 has previously been appropriated by the Board in the Port Everglades Capital Fund.