Title
MOTION TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH MILLER LEGG & ASSOCIATES, INC. FOR PROFESSIONAL ENVIRONMENTAL AND SUPPORT SERVICES IN AN ANNUAL AMOUNT NOT TO EXCEED $200,000.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinance is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(2) states “Contracts for professional services involving peculiar skill, ability, experience or expertise, which are in their nature unique and not subject to competitive bidding, or competitive proposals, are exempt from this section; however, state laws, such as the Consultants’ Competitive Negotiation Act of the state statutes, as may be amended from time to time to the extent applicable, shall be followed.”
- 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.”
- Section 35.21(A)(1) of the City’s Code of Ordinance 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. The City's Administration is requesting to enter into a new professional services agreement with Miller Legg & Associates, Inc. for Professional Environmental and Support Services, on an as-needed basis.
2. General Environmental Services that Miller Legg & Associates, Inc. may perform under this agreement include, but are not limited to:
A) Providing Environmental Scientist and Biologist services for wetland field evaluations and Unified Mitigation Assessment Method (UMAM) scoring calculations.
B) Preparing mitigation impact exhibits and documentation for submission to relevant Environmental Permitting Agencies.
C) Attending meetings with Environmental Agency Representatives.
D) Participating in project meetings with Cirt staff and other City consultants.
E) Managing City multi-disciplinary environmental projects.
F) Conducting field inspections, providing construction management services, and fulfilling final certification requirements as stipulated by permitting agencies.
3. In addition, Miller Legg & Associates, Inc. may be assigned to perform services for the following projects:
A) Windmill Reserve - Mitigation due diligence services.
B) Windmill Reserve - Environmental permit applications and related services required to obtain City permits.
C) City Nursery Parcel - Environmental permit applications and related services required to obtain City permits.
D) Pines/196th Parcel - Environmental permit applications and related services required to obtain City permits.
E) Holly Lake - Environmental permit applications and related services required to obtain City permits.
F) Eagles Nest Parcels - Environmental permit applications and related services required to obtain City permits.
G) Wetland bank analysis and support in the procurement of wetland mitigation credits.
H) Environmental permitting program management and oversight.
4. Pursuant to Section 35.18(C)(2) "Professional Services" of the Procurement Code, contracts for professional services involving peculiar skill, ability, experience or expertise, which are in their nature are not subject to the competitive bid process.
5. Miller Legg & Associates, Inc. has vast knowledge of local environmental conditions, regulatory agency requirements, and permitting processes, particularly as they relate to wetland evaluation, mitigation, and environmental project management.
6. The City Engineer has advised that the services outlined in the contract do not include the “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.” Therefore, the “Consultant’s Competitive Negotiation Act” CCNA requirements do not apply to this Professional Services Contract.
7. This agreement will be for an initial four-year period with one additional two-year renewal option and may be terminated by the City for convenience, upon providing 30 calendar days of written notice.
8. Request Commission to approve the professional services agreement with Miller Legg & Associates, Inc. for Professional Environmental and Support Services in an annual amount not to exceed $200,000.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: Annual amount not to exceed $200,000, and services will be used on an as-needed basis.
b) Amount budgeted for this item in Account No: None.
c) Source of funding for difference, if not fully budgeted: These services are provided on an as-needed basis. Therefore, prior to commencing any specific project, funds will be identified and allocated under Object Code # 531500 (Professional Services - Other) within the appropriate division.
d) 5 year projection of the operational cost of the project: The agreement will be for a four-year period with one additional two-year renewal option.
|
|
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
|
Revenues |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Expenditures |
$200,000 |
$200,000 |
$200,000 |
$200,000 |
N/A |
|
Net Cost |
$200,000 |
$200,000 |
$200,000 |
$200,000 |
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.