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Item D6D.6 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: D.6 Agenda Item Summary #5073 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to enter into Task Order #6 for $20,736.60; under the on-call contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services; for design, permitting and procurement assistance for installing a replacement air curtain system at the mouth of Canal #266 located on Witters Lane in Big Pine Key to replace the air curtain destroyed by Hurricane Irma. ITEM BACKGROUND: original canal restoration demonstration program, receiving a muck removal restoration and air curtain. The air curtain was in effect for several months when Hurricane Irma destroyed it. The canal has subsequently been cleared of Hurricane Debris. During a BOCC presentation by County staff on November 20, 2018, residents of canal 266 indicated a desire for the air curtain to be replaced, and that they would pay the assessment the County would need to collect through an MSBU program to be set up by the county. Services under this task order must proceed at this time to prepare the air curtain solicitation and modify the permits if necessary. PREVIOUS RELEVANT BOCC ACTION: 08/17/16: Approval to advertise on call professional engineering services for the canal restoration program, including Category A Canal Master Plan Program Planning Services, Category B Canal Infrastructure Engineering Services for Projects and Category C Environmental Engineering Services. 11/22/16: Approval of Amendment No. 13 to the contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environmentand Infrastructure, Inc. to provide Construction Engineering, Environmental Inspections and Construction Administration Services in the amount of $88,612, related to Canal #83 muck removal, backfilling and air curtain project in Key Largo, Monroe County, Florida. Packet Pg. 946 D.6 12/14/16: Approval to negotiate on-call contracts with Amec Foster Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services. 03/15/17: Approval to enter into a $0 on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 03/15/17: Approval to enter into a $21,499 Task Order 1 for CEI and construction administration services for the 290 air curtain installation, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 03/15/17: Approval to enter into a $87,762 Task Order 2 for CEI and construction administration services for the canal 83 muck removal / backfilling/ air curtain installation, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 05/17/17: Approval to enter into a $99,596.10 Task Order #3 for procurement and permitting services for the 4 canals for augmented aeration, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 8 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 8 and no new funds are required. 07/19/17: Approval to enter into a $60,403.40 Task Order #4 for procurement and permitting services for the Canal 75 backfilling project in Key Largo, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 12 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 12 and no new funds are required. 10/18/17: Approval to enter into a $57,402.00 Task Order #5 for construction, engineering, inspection and administration services for the Canal 75 backfilling project in Key Largo, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, funded in full by the $1.5M DEP Stewardship Grant LP44073. 12/31/17: Approval to enter into a $0 Amendment No. 1, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, to add the federal contract provisions required for reimbursement by FEMA for Hurricane Irma related services. 01/17/18: Approval to terminate Task Order #3 for procurement and permitting services for the 4 canals for augmented aeration, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 06/20/18: Approval to enter into Amendment No 2, under the on-call contract with Amec Foster Wheeler Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services, to formally change their name to Wood Environment & Infrastructure Solutions, Inc., retroactive to April 16, 2018. CONTRACT/AGREEMENT CHANGES: New Task Order #6 - 266 Air Curtain Rebid Packet Pg. 947 D.6 STAFF RECOMMENDATION: Approval DOCUMENTATION: AMEC Task Order 6 - Category B FINANCIAL IMPACT: Effective Date: January 23, 2019 Expiration Date: Upon completion of the work Dollar Value of Task Order 6: NTE $20,736.60 Total Cost to County: Budgeted: Yes Source of Funds: 125 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: O&M Costs Revenue Producing: No If yes, amount: N/A Grant: County Match: N/A Insurance Required: Yes Additional Details: 01/23/19 125-0459110 · HURRICANE IRMA $20,736.60 REVIEWED BY: Rhonda Haag Completed 12/20/2018 10:49 AM Pedro Mercado Completed 12/20/2018 4:18 PM Budget and Finance Completed 01/29/2019 2:57 PM Maria Slavik Completed 01/29/2019 2:58 PM Kathy Peters Completed 01/29/2019 3:02 PM Board of County Commissioners Pending 02/20/2019 9:00 AM Packet Pg. 948 D.6.a TASK ORDER #6 FOR CATERGORY B ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CANAL RESTORATION SERVICES BETWEEN MONROE COUNTY AND AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. FOR HURRICANE IRMA DAMAGE REPLACMENT FOR THE THREE (3) CANAL DEMONSTRATION AIR CURTAIN PROJECTS INCLUDING DESIGN, PERMITTING, AND PROCUREMENT SERVICES IN, MONROE COUNTY, FLORIDA In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 15th day of March, 2017 and Amendment No.1 dated th December 13, 2017 between Monroe County, hereinafter referred to as the “County” and Amec Foster Wheeler Environment & Infrastructure, Inc. hereinafter referred to as “Consultant” where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective January 17, 2018 and shall expire August 30, 2018. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: Task 1: Equipment and Site Damage Assessment This task consists of a site visit to document the damage sustained to the equipment and staging area following Hurricane Irma information including site access, potential staging area conditions, and other site logistical and permitting items. A site sketch and site photographs will be provided. Task 2: Design Plans Amec Foster Wheeler will modify the current design documents to include an evaluation of hardening the structures for future storm events and king tides. Upon analysis, the plans will be revised to include the following components: · Construction Plans – depicting site impacts, equipment layout, technical specifications and utilities. · Estimate of Construction Cost – The cost for the canal restoration will be refined throughout the design process and a detailed Engineer’s Opinion of Probable Cost Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) will be prepared and submitted with the construction documents. The design plans and specifications will be submitted to the County for review and comment. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay the project. Hurricane Irma Damage Replacement For the 3 Canal Demonstration Air Curtain Projects Including Design, Permitting and Procurement Amec Foster Wheeler Environment & Infrastructure, Inc. January 17, 2018 Page 1 of 3 Packet Pg. 949 D.6.a Task 3: Permit Application Assistance Amec Foster Wheeler will submit modifications to the existing permits dependent on design changes with the incorporation of the resiliency items aforementioned. The applications will be submitted to the following agencies: · SFWMD · USACE · FKNMS · County Amec Foster Wheeler will respond to Requests for Additional Information (RAI) for each permit application. Permit fees to the SFMWD are included but permit fees to the County are not included as they are not known at this time. If impacts to wetlands or benthic resources are identified, Amec Foster Wheeler will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time if mitigation will be required. Task 4: Support In Procurement Of A Construction Contractor Upon completion of the Construction Documents, Amec will assist the County, who will be procuring the construction of the project, with the necessary procurement documents and meetings. Amec Foster Wheeler will provide the following services to assist the County in the procurement of a contractor for the construction of the air curtain: a) Prepare a Request for Proposal Package which will include the 100% Construction documents completed by Amec Foster Wheeler b) Respond to applicable Proposers’ Requests for Information (RFI’s) and assist in the preparation of answers. c) Attend a Pre-Proposal Conference and site walk-through and prepare meeting minutes. d) Conduct a Responsibility Review of the Proposals. e) Attend a Pre-Award Conference with the County, to discuss the Proposer’s qualifications and understanding of the Project, if required. Article VII, Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid monthly for time and expenses based on hourly rates and the following not to exceed amounts (except where noted): Task 1: Equipment and Site Damage Assessment $ 5,224.00 Task 2: Design Plans $ 8,456.00 Task 3: Permit Application Assistance $ 7,935.20 Task 4: Support In Procurement Of A Construction Contractor $ 10,487.20 Total (not to exceed) $ 32,102.40 Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Hurricane Irma Damage Replacement For the 3 Canal Demonstration Air Curtain Projects Including Design, Permitting and Procurement Amec Foster Wheeler Environment & Infrastructure, Inc. January 17, 2018 Page 2 of 3 Packet Pg. 950 D.6.a CONSULTANT: WITNESS: AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE INC. _______________________ ___ _______________________ _____ Signature Date Signature Date _______________________ Title (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: _______________________________ by: __________________________ Deputy Clerk Mayor/Chairman Date: _________________________ Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) Hurricane Irma Damage Replacement For the 3 Canal Demonstration Air Curtain Projects Including Design, Permitting and Procurement Amec Foster Wheeler Environment & Infrastructure, Inc. January 17, 2018 Page 3 of 3 Packet Pg. 951 D.6.a EXHIBIT A CONSULTANT’S PROPOSAL Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) Packet Pg. 952 D.6.a EXHIBIT A CONSULTANT’S PROPOSAL HURRICANE IRMA DAMAGE REPLACMENT FOR THE THREE (3) CANAL DEMONSTRATION AIR CURTAIN PROJECTS INCLUDING DESIGN, PERMITTING, AND PROCUREMENT SERVICES 1. Scope of Work: Amec Foster Wheeler shall assist the County with the design, permitting and construction procurement for the three damaged Canal Demonstration Air Curtain Projects in Big Pine Key. This project will consist of (1) hurricane damage assessment for the current equipment and site; (2) complete design plans; (3) permit preparation; and (4) procurement assistance Task 1: Equipment and Site Damage Assessment This task consists of a site visit to document the damage sustained to the equipment and staging area following Hurricane Irma information including site access, potential staging area conditions, and other site logistical and permitting items. A site sketch and site photographs will be provided. Task 2: Design Plans Amec Foster Wheeler will modify the current design documents to include an evaluation of hardening the structures for future storm events and king tides. Upon analysis, the plans will be revised to include the following components: · Construction Plans – depicting site impacts, equipment layout, technical specifications and utilities. · Estimate of Construction Cost – The cost for the canal restoration will be refined throughout the design process and a detailed Engineer’s Opinion of Probable Cost will be prepared and submitted with the construction documents. The design plans and specifications will be submitted to the County for review and comment. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay the project. Task 3: Permit Application Assistance Amec Foster Wheeler will submit modifications to the existing permits dependent on design changes with the incorporation of the resiliency items aforementioned. The applications will be submitted to the following agencies: · SFWMD · USACE · FKNMS · County Amec will respond to Requests for Additional Information (RAI) for each permit application. Permit fees to the SFMWD are included but permit fees to the County are not included as they are not known Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) at this time. If impacts to wetlands or benthic resources are identified, Amec Foster Wheeler will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time if mitigation will be required. Task 4: Support In Procurement Of A Construction Contractor Page 1 of Exhibit A Packet Pg. 953 D.6.a Upon completion of the Construction Documents, Amec Foster Wheeler will assist the County, who will be procuring the construction of the project, with the necessary procurement documents and meetings. Amec Foster Wheeler will provide the following services to assist the County in the procurement of a contractor for the construction of the air curtain: a) Prepare a Request for Proposal Package which will include the 100% Construction documents completed by Amec b) Respond to applicable Proposers’ Requests for Information (RFI’s) and assist in the preparation of answers. c) Attend a Pre-Proposal Conference and site walk-through and prepare meeting minutes. d) Conduct a Responsibility Review of the Proposals. e) Attend a Pre-Award Conference with the County, to discuss the Proposer’s qualifications and understanding of the Project, if required. Deliverables: Task 1: Damage Assessment Technical Memorandum Task 2: Final Signed and Sealed Construction Plans, Technical Specifications, and Engineers Cost Estimate Task 3: Received permits from SFWMD, USACE, FKNMS, and the County Task 4: Request for proposal package 3. Budget: $ 32,102.40 A cost spreadsheet providing the labor and expenses by task is attached. Additional staff may be utilized on these projects, as needed, per the Contract Schedule of Values also attached. 4. Estimated Completion Date: August 30, 2018. Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) Page 2 of Exhibit A Packet Pg. 954 Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) D.6.a Packet Pg. 955 D.6.a Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) Packet Pg. 956 D.6.a Attachment: AMEC Task Order 6 - Category B (Canal On-Call Svcs Cat B - Task Order 6 Canal 266) Packet Pg. 957 Memo oy. To: Roman Gastesi, County Administrator From: Rhonda Haag, Sustainability Director 4R4 cc: Pedro Mercardo, Assistant County Attorney Date: February 15, 2019 Re: Wood Task Order No. 6 authorizing Redesign of Canal 266 Air Curtain Request Waiver of Rotation Policy of On-Call Work A waiver of the Rotation Policy for On-Call contracts is requested in order to award Task Order #6 to Wood for $20,736.60 for design, permitting and procurement assistance of Canal #266 air curtain on Witters Lane on Big Pine Key. The air curtain was originally designed by Wood, was constructed in 2017 and destroyed by Hurricane Irma in September 2017. Staff is working with FEMA to help ensure reimbursement from FEMA, and FEMA" is requiring modification of the original design to increase resilience of the project. The order of rotation may be changed by the County Administrator, or the Deputy County Administrator if a project requires a particular skill set or expertise which, in the discretion of the County Administrator or his designee, is more suitable to a contractor who is not next ranked in the order of rotation, the County Administrator may award the project regardless of rank order. The policy further states: The County Administrator shall seek approval and shall provide an explanation to the Board of County Commissioners when a contract or task order is to be awarded out of the ranked order of rotation. 1. I am requesting approval to award Wood the design modification work, and waive the policy requirement for on-call rotation to another vendor, as follows: a) Cost effectiveness is anticipated to be greater using the same vendor, Wood, who prepared the original design for the demonstration project. The very nature of this demonstration project was one of research and testing unfamiliar methods for canal restoration. An air curtain installation is not a standard off-the-shelf project and much work and research went into preparing the original specifications. The original specifications now only need to be modified to make the project more resilient. It makes fiscal sense to retain the firm who designed the original set of specifications. A different vendor entering the redesign process at this point would need to start from the beginning, conduct large amounts of research, and prepare an entirely new D solicitation. The anticipated cost would be expected to be substantially higher than the $20,736 not-to-exceed amount Wood has proposed. In addition, cost estimates have been provided to FEMA for the anticipated redesign and construction costs, and a substantial differential in the final cost may not be reimbursable from FEMA to the county. b) Wood has met numerous times with FEMA and the residents where the air curtain and pumps are located and has local and institutional knowledge. A new vendor would need to set up numerous new meetings with the residents and FEMA to become as intimately familiar with the limitations and requirements as Wood already is. Additional time and resources would need to be expended. c) Time is of the essence to get the project designed and constructed prior to November 1, 2019, when the MSBU assessment is anticipated to begin. Residents will begin paying assessments for operations and maintenance of an air curtain system that may not be built in time if further delays in the design and procurement process are experienced. d) When the RFQ for the Canal consultants continuing contracts was issued the county did not have a formal written rotation policy. A formal written policy was adopted after the contracts were awarded and executed and a different standard is being applied for rotation than originally anticipated. The original intent was to use the number two vendor for backup work in the event Wood was not available for work. Had the existing policy been in effect, the award recommendation would have been to award one on-call contract for Category B Project Management Services to Wood. The second vendor, although a reputable and capable firm, has no experience with the county's canal restoration program and does not attend canal advisory or county commission meetings to learn about the program and projects. They have little institutional knowledge about the program and less project knowledge, canal and geological conditions knowledge, etc. It would take more time and effort on behalf of county staff to bring them up to speed regarding this project. e) Finally, Wood has invested in the local community and hired local residents as employees, thereby helping reduce the cost of work to the County. A quote was sought in August 2017 from both vendors for CEI services for the Canal#75 Backfilling project. Wood's quote was $57,402. Vendor No. 2's quote was$94,251, which is 40% higher. The careful expenditure of public funds is always a county goal. In this instance, it is important to ensure FEMA reimburses the County for the amount allowed under its guidelines. 2