Title
MOTION TO APPROVE THE NEGOTIATED AGREEMENT WITH HILLERS ELECTRICAL ENGINEERING, INC., IN THE AMOUNT OF $297,194.74, PURSUANT TO THE AWARD OF RFQ # PSUT-23-06 "CCNA EMERGENCY POWER SYSTEM REPLACEMENT AT THE WWTP RE-BID" IN ACCORDANCE WITH FLORIDA STATUTE 287.055, CONSULTANTS COMPETITIVE NEGOTIATIONS ACT (CCNA).
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.”
- 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 March 15, 2023, the City Commission authorized the advertisement of RFQ # PSUT-23-02 “CCNA Emergency Power System Replacement at the WWTP”, which was advertised on March 22, 2023.
2. The purpose of this solicitation was to provide consulting engineering services to replace the emergency power system, including the diesel generators, at the Wastewater Treatment Plant (WWTP) located at 13955 Pembroke Road, Pembroke Pines, FL 33029, in accordance with the solicitation and with the Consultant’s Competitive Negotiation Act (C.C.N.A. - Florida Statute 287.055). This project is partially funded by a Community Development Block Grant - Mitigation (CDBG-MIT) in the amount of $2 million, in accordance with the Grant Agreement that was approved by the Commission on April 6, 2022.
3. On April 25, 2023, despite the fact that there were sixteen documented bid takers, the bid closed without any submissions.
4. The Commission approved re-advertisement of the solicitation as RFQ# PSUT-23-06 “CCNA Emergency Power System Replacement at the WWTP Re-Bid”, which was advertised on July 11, 2023.
5. On August 29, 2023, the City opened three (3) proposals which were reviewed by an evaluation committee. Based on evaluation results, the committee approved a motion to recommend the City Commission to award RFQ # PSUT-23-06 “CCNA Emergency Power System Replacement at the WWTP Rebid”, to the top-ranked vendor, Hillers Electrical Engineering, Inc., and to direct the City Manager to negotiate a contract for services. The Commission approved this recommendation on December 6, 2023.
6. Utilities Department Staff negotiated a draft agreement with Hillers in April 2024, in the amount of $297,194.74. The draft was then forwarded to the Florida Department of Commerce (FDOC) for review and approval, in accordance with the terms of the grant agreement. Their review revealed numerous Federal grant requirements that had to be addressed before the agreement could be approved, and the requirements were time-consuming for Staff to address. All the requirements, however, were ultimately addressed and FDOC approved the draft on October 2, 2024.
7. Staff recommends City Commission approval of the negotiated agreement with Hillers Electrical Engineering, Inc., in the amount of $297,194.74, pursuant to the award of RFQ # PSUT-23-06 "CCNA Emergency Power System Replacement at the WWTP Re-Bid" in accordance with Florida Statute 287.055, Consultants Competitive Negotiations Act (CCNA).
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $297,194.74
b) Amount budgeted for this item in Account No: Funds are available in Account 471-535-6022-664073-0000-000-0000 (Generator) and budgeted for this purpose.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable:
|
|
Current FY |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
|
Revenues |
$0 |
$0 |
$0 |
$0 |
$0 |
|
Expenditures |
$297,194.74 |
N/A |
N/A |
N/A |
N/A |
|
Net Cost |
$297,194.74 |
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.