Title
MOTION TO APPROVE TWO PROPOSED WORK AUTHORIZATIONS WITH HILLERS ELECTRICAL ENGINEERING, INC. PURSUANT TO THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF PEMBROKE PINES AND HILLERS ELECTRICAL ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED $319,128.29
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.15 defines a Request for Qualifications as “A written solicitation for competitive sealed offers with the title, date and hour of the public opening designated. A request for qualifications shall include, but is not limited to, general information, functional or general specifications, statement of work, instructions for offer and evaluation criteria. All requests for qualifications shall state the relative importance of the evaluation criteria. The city may engage in competitive negotiations with responsible offerors determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and conformance to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of offers, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offer.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- 35.18(A) states, "A purchase of or contracts for commodities or services that is estimated by the Chief Procurement Officer to cost more than $25,000 shall be based on sealed competitive solicitations as determined by the Chief Procurement Officer, except as specifically provided herein."
- Section 35.19 of the City's Code of Ordinances is titled "SEALED COMPETITIVE BIDDING PROCEDURE."
- Section 35.19(A) states, "All sealed competitive solicitations as defined in §35.18 shall be presented to the City Commission for their consideration prior to advertisement."
- Florida Statute (F.S.) 287.055 is known as the “Consultant’s Competitive Negotiation Act” (CCNA).
- F.S. Section 287.055(2)(a) defines Professional services as “those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.”
- F.S. Section 287.055(2)(f) states “Project” means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include:
1. A grouping of minor construction, rehabilitation, or renovation activities.
2. A grouping of substantially similar construction, rehabilitation, or renovation activities.
- F.S. Section 287.055(3)(a)(1) states “Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s.287.017 for CATEGORY FIVE ($325,000) or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s.287.017 for CATEGORY TWO ($35,000), except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration.”
- F.S. Section 287.055(2)(g) states “A “continuing contract” is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction costs of each individual project under the contract does not exceed $4 million, for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another."
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
SUMMARY EXPLANATION AND BACKGROUND:
1. On August 2, 2023, the City Commission approved an amendment to, and renewal of, the continuing electrical engineering services contract with Hillers Electrical Engineering, Inc. pursuant to the award to award of PSUT-19-01 "Power Electrical Engineering Services for the Utilities Division", in accordance with Florida Statute 287.055, Consultants Competitive Negotiations Act (CCNA).
2. In lieu of establishing a maximum contract value, Utilities Department Staff proposed to present every work authorization under this contract in excess of the threshold ($25,000) stated under Section 35.21(A)(1) of the City's Code of Ordinances, to the Commission for approval. The submittal is to include the Consultant’s proposed fee as well as the available budget and relevant account number.
3. In 2021, CH2M Engineers performed a detailed condition assessment of the City’s wastewater treatment plant (WWTP) as part of the development of the Utilities Comprehensive Master Capital Improvement Plan. The assessment determined that most of the electrical distribution system and electrical infrastructure at the WWTP has reached the end of its useful life and is obsolete. The report recommends that this system and infrastructure be replaced, which includes the east and west main switchboards, electrical distribution equipment, cables, old panelboards, and surge protection devices.
4. The City currently has a continuing contract for water and sewer related electrical engineering services with Hillers Electrical Engineering, Inc., and they are very capable and qualified to provide the engineering services required to facilitate the replacement of these electrical components.
5. Utilities Department Staff has solicited and negotiated two work authorizations from Hillers to (1) produce a final design and technical specifications for these electrical improvements and (2) to perform construction engineering and inspection. The proposed total fee for both work authorizations is a not-to-exceed amount of $319,128.29. Staff has reviewed these work authorizations and fees and find them to be reasonable.
6. Staff recommends City Commission approval of two proposed work authorizations with Hillers Electrical Engineering, Inc. pursuant to the third amendment to the agreement between the City of Pembroke Pines and Hillers Electrical Engineering, Inc., in an amount not to exceed $319,128.29.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $319,128.29
b) Amount budgeted for this item in Account No: $293,750.14 in account 471-535-6022-531100-0000-000-0000 (Professional Svc - Engineering)
c) Source of funding for difference, if not fully budgeted: $25,378.15 in account 471-533-6032-664400-0000-000-0000 (Other Equipment)
d) 5 year projection of the operational cost of the project: Not Applicable:
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Current FY |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
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Revenues |
N/A |
N/A |
N/A |
N/A |
N/A |
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Expenditures |
$319,128.29 |
N/A |
N/A |
N/A |
N/A |
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Net Cost |
$319,128.29 |
N/A |
N/A |
N/A |
N/A |
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.