Title
MOTION TO APPROVE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH M. J. NICHOLS & ASSOCIATES, LLC. FOR SPECIFIC ENVIRONMENTAL SERVICES RELATED TO THE CHAPEL TRAIL/HIDDEN LAKE SEEPAGE PUMP STATION PROJECT TO PROVIDE FLOOD PROTECTION TO RESIDENTS AND BUSINESSES IN WESTERN PEMBROKE PINES TO INCREASE THE ANNUAL AMOUNT NOT TO EXCEED FROM $31,900 TO $35,400, WHICH INCLUDES THE PREPARATION OF THE US ARMY CORPS OF ENGINEERS NATIONWIDE PERMITTING IN THE AMOUNT OF $3,500.
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.”
- 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."
- 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. On January 13, 2021, the City Commission directed the City to ask our lobbyists to collaborate with state legislators during the 2021 Legislative session to secure funding for a seepage management stormwater pump station to provide flood protection to the residents and business in western Pembroke Pines generally in the area north of Pines Boulevard bounded by US 27 and NW 196th Avenue. The project would pump seepage coming from the SFWMD water conservation area into Hidden Lake to the C11 canal thereby lowering the water levels in Hidden Lake and the water bodies east of Hidden Lake prior to a storm event.
2. Seepage management is critical component of any large, regional water management system here in South Florida. The western communities of Pembroke Pines are adversely impacted by seepage that migrates from the Florida Everglades Conservation Area 3A which raises both groundwater and surface water elevations. This year-round phenomenon but is especially impactful during Hurricane Season when these higher water elevations reduce stormwater storage in lakes and make it much harder for the City to protect these communities from flooding during major rainfall events.
3. The South Florida Water Management District (SFWMD) has recognized the impacts of seepage in the western C-11 Basin and manages this seepage through seepage management structures (S381) and the S-9A pump station. According to SFWMD, there is an approximate 6-foot difference in water levels across the East Coast Protective Levy that separates Conversation Area 3A from the urban areas to the east.
4. The requested project is for the installation of an internal, stormwater pump station in the western limits of the City of Pembroke Pines to re-channel seepage from Conservation Area 3A back to the Everglades, through the SFWMD S-9A pump station. The stormwater pump station would be located on the east side of US 27 on Hidden Lake. The pump station would pump seepage that migrates into the surface waters on the east side of US 27 back into the US 27 Canal (L-33 Canal), then north through the SFWMD S-9A pump station, located at US 27 and Griffin Road.
5. The estimated amount needed for this project is $1,250,000. In 2021 Legislative Appropriations Request was presented to the legislature which resulted in an award through the Department of Environmental Protection (FDEP) State Appropriation Grant for $200,000. After discussions with the South Broward Drainage District (SBDD), it is the intent of the SBDD to fund 50% of the City’s Match.
6. The FDEP award can be used for surveying, engineering, design, plans preparation, permitting, bidding construction and construction management for the proposed project.
7. We have also received funding from FEMA from the Hazard Mitigation Grant Program (HMGP) in the amount of $1,417,590.90, bringing the combined funding to $1,617,590.90. We will be able to utilize the State of Florida grant in place of the required City match.
8. The City Engineer is requesting an amendment to the professional services agreement with M. J. Nichols & Associates, LLC, for Specific Environmental Services. Mike Nichols is qualified to perform this work as he has prepared the original permit application for the Hidden Lake conservation area, and he is familiar with our project.
9. On September 4, 2024, the City Commission passed the agenda item 24-0773 supporting the agreement with M. J. Nichols & Associates, LLC for the Hidden Lake/Chapel Trail Pembroke Pines Specific Environmental Services in an amount not to exceed $31,900.
10. 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.
11. The City Engineer is requesting an amendment to the original agreement with M. J. Nichols & Associates, LLC, to increase the not-to-exceed amount from $31,900 to $35,400 to account for the $3,500 for Specific Environmental Services.
12. Professional Environmental and Support Services include the following:
i. Nationwide Section 43 General Permit application and plans and submit to U.S. Army Corps of Engineers for wetlands impacts associated with the proposed pump station and piping from Hidden Lake west to the proposed U.S. 27 ditch outfall.
13. Request Commission to approve the amendment to the professional services agreement with M. J. Nichols & Associates, LLC. for Specific Environmental Services in an annual amount not to exceed $35,400.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $3,500, not-to-exceed amount. This amount will be reimbursed from the grant.
b) Amount budgeted for this item in Account No: 100-541-6003-531100 (Professional Services - Engineering)
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5-year projection of the operational cost of the project: The agreement will be for a two-year period with two additional two-year renewal options and may be terminated by either party for cause, or by either party for convenience, upon seven (7) days written notice.
|
|
FY 2025-2025 |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
|
Revenues |
$3,500 |
N/A |
N/A |
N/A |
N/A |
|
Expenditures |
$3,500 |
N/A |
N/A |
N/A |
N/A |
|
Net Cost |
$0 |
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.