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AI- 20852   16.    
Broward County Commission Regular Meeting
Meeting Date: 12/08/2015  
Director's Name: Cynthia Chambers
Department: Environmental Protection Division: Environ. Planning & Comm. Resilience

Information
Requested Action

MOTION TO APPROVE Seventh Amendment to the Agreement between Broward County and Nova Southeastern University for biological monitoring consultant services for the Broward County Shore Protection Project (RLI No. 050797-RB) in substantially the form attached as Exhibit 2, providing for coral relocation, during- and post-construction monitoring of nearshore reefs along Segment II, increasing the total agreement compensation by $3,364,078 from $11,155,077 to $14,519,155, and authorizing the County Administrator to take any and all necessary actions required for execution subject to approval as to form by the Office of the County Attorney and Risk Management. (Commission District 4)

ACTION: (T-10:27 AM) Approved.

VOTE: 9-0.

Why Action is Necessary
In accordance with Broward County Procurement Code Section 21.94.a, amendments to contracts must be approved by the awarding authority.
What Action Accomplishes
Authorizes the performance of permit required during- and post-construction biological monitoring tasks pertinent to the Segment II Shore Protection Project.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION RECOMMEND APPROVAL.

This item supports the County’s Value of encouraging investment in renewable energy, sustainable practices and environmental protection; and the goal to 1) Proactively lead in the planning, design and construction of projects to support community resilience and climate adaptation by ensuring that publicly accessible beaches are sufficient in dimension (i.e. >75 feet in width) to provide storm protection, recreational opportunities, and sea turtle nesting habitat.

This amendment is to provide continued biological monitoring services for permit required coral relocation and biological monitoring for the Segment II Shore Protection Project. These services are described in greater detail below. The original procurement and project were planned for a joint nourishment of Segment II and III at the same time. However, due to environmental concerns in Segment II, resource agencies required construction of Segment III in 2005-06 with monitoring of performance prior to initiating construction of the Segment II project. Section 6.1 of the original agreement provides that the County and Consultant may negotiate additional scopes of services, compensation, time of performance and other related matters for future phases of Project.

The Office of Economic and Small Business Development (OESBD) originally established a Minority and Women Business Enterprise (M/WBE) participation for this Agreement. Participation for this project was originally set at 10% MBE - Black, 5% MBE – Hispanic, and 5% Women owned. These were consolidated to 20% overall participation after the assigned MBE-B owned firm, Miami NDT, Inc. went out of business. Since the OESBD program changed, Nova Southeastern University has voluntarily agreed to a 20% County Business Enterprise (CBE) participation. For the Fourth Amendment Nova Southeastern University committed to utilizing their CBE subcontractors for 20% of the project’s work. During the Sixth Amendments’ term Nova Southeastern University attained 28% CBE participation. The proposed Seventh Amendment will maintain a 20% CBE Goal.

The agreement history is provided as Exhibit 4.

Seventh Amendment Summary (This Amendment):
Amendment Amount: $3,364,077.54
Amended Total Agreement: $14,519,154.54
Type of Compensation: Maximum Contract Not to Exceed
Summary of Tasks:
Continued Tasks:
Coral Community Analysis
Acropora Monitoring
Nearshore Hardbottom Transects
Segment II and III Nearshore Hardbottom Edge Survey
Nearshore Hardbottom Transects Survey
Segment II and III Nearshore Hardbottom Transects Site Installation

Pre-construction:
Pre-construction Biological Assessment of Project Area
Coral Relocation Site Survey
Coral Relocation
Coral Relocation Contingency – Authorization Withheld
Listed Species Survey

Post-construction:
Nearshore Hardbottom Immediate Post-Construction Edge Mapping
Post-construction Permanent 150-m Shore Perpendicular Transect Monitoring
Three-Month Post-construction Sediment Only Transect Monitoring
Six-Month Post-construction Sediment Only Transect Monitoring
Three-Month Post-construction Sediment Only Transect Monitoring – Authorization Withheld
Six-Month Post-construction Sediment Only Transect Monitoring – Authorization Withheld
Relocated Coral Monitoring
Immediate Post-construction Mitigation Reef Monitoring
Nearshore Hardbottom Immediate 1-Year Edge Mapping
Nearshore Hardbottom Immediate 2-Year Edge Mapping
2-Year Post-construction Mitigation Reef Monitoring
Nearshore Hardbottom Immediate 3-Year Edge Mapping
3-Year Post-construction Mitigation Reef Monitoring
Nearshore Hardbottom Immediate 4-Year Edge Mapping
Nearshore Hardbottom Immediate 5-Year Edge Mapping
5-Year Post-construction Mitigation Reef Monitoring

On November 23, 2015, negotiation meetings were held for the Seventh Amendment. The meetings were attended by representatives from Nova Southeastern University and representatives from the offices of the County Attorney, the Environmental Planning and Community Resilience Division, and the Purchasing Division. Office of Economic and Small Business Development reviewed the amendment and maintained the OESBD goal.

This item has been reviewed has been reviewed and approved as to form by the Office of the County Attorney.
 
Source of Additional Information
Dr. Jennifer Jurado, Director, Environmental Planning and Community resilience Division, (954) 519-1464.

Fiscal Impact
Fiscal Impact/Cost Summary:
The Amendment increases the overall cost of Consultant Services for the project by $3,364,077.54 from $11,155,077 to $14,519,154.54. The County’s expenditure account for these funds is 3370-033-3915-6500 and 6510 and 3370-033-3920-6510. Costs for this Sixth Amendment will be incurred by the County and are subject to partial reimbursement by the Federal Government, the State of Florida, and the participating municipalities (Pompano Beach, Lauderdale-By-The-Sea, Fort Lauderdale).
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Seventh Amendment
Exhibit 3 - Concurrence Memo
Exhibit 4 - Agreement History

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