CITY OF ORLANDO
COUNCIL AGENDA ITEM


Items Types:
Orlando Venues
For Meeting of:
June 23, 2014
District: ALL From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : Yes Draft Only: No
Grant Received by City?: No

Subject:
Amendments Three and Four to Agreement between Dr. Phillips Center for the Performing Arts, Inc. (DPAC) and Nodarse & Associates, Inc. to Provide Construction Materials Testing for the Dr. Phillips Center (DPC)

Summary:
Following an open and competitive procurement, Dr. Phillips Center for the Performing Arts, Inc. (DPAC) entered into an agreement with Nodarse & Associates, Inc. (Nodarse) to provide Construction Materials Testing for the Dr. Phillips Center (DPC).  Section 5.2 of the Orlando Performing Arts Center Agreement between the City, City of Orlando, Florida Community Redevelopment Agency and DPAC dated June 20, 2007, as amended, (PAC Agreement) requires an open and competitive procurement process in the selection of the consultant and City Council approval of the selection and contract.  In compliance with the PAC Agreement, City Council approved ranking of proposers May 23, 2011 and agreement with Nodarse July 25, 2011.

The original agreement was for a lump sum fee of $1,437,367.20, plus reimbursable expenses not-to-exceed $15,000.  Subsequently: Amendment One was entered into on February 21, 2012 for Nodarse to provide additional pile load tests at an increase in the lump sum fee by $19,965; and Amendment Two was entered into on December 31, 2013 for additional tests and over time labor at an additional increase in the lump sum fee by $109,053.  Both amendments were approved by the Orlando Community Construction Corporation (OCCC) and the City's Chief Administrative Officer (CAO, the CAO is authorized to approve amendments on behalf of the City in an amount not-to-exceed 10% of the lump sum fee).

Amendment Three is needed for additional testing and travel expenses at an increase in the lump sum fee by $47,921 and increase in the allowance for reimbursable expenses by $22,050, a total of $69,971.  Amendment Four is needed for additional services related to the extended construction schedule, retesting costs and testing for added roadwork and plaza scope at an increase in the lump sum fee by $414,111.  Total amended contract cost will be lump sum fee of $2,028,417.20 plus allowance for reimbursable expenses of $37,050, a total of $2,065,467.20.  Both amendments (attached) have been approved by OCCC board and recommended to City Council for approval.

Original M/WBE commitment by Nodarse was 19.2% MBE (16.2% Nadic Engineering, 3% Avcon, Inc.) and 5.4% WBE (Nadic Engineering) for a total of 24.6% M/WBE participation.  Also, Page One Consultants, Inc. (WBE) and AREHNA Engineering, Inc. (WBE) were to perform services pursuant to a mentor-protege agreement with Nodarse.  M/WBE participation for Amendment Three is 14% MBE, 9% WBE for total of 24%.  M/WBE participation for Amendment Four is 14.2% MBE and 9.5% WBE for total of 23.7%.

Fiscal & Efficiency Data: Funded pursuant to PAC Agreement.

Recommended Action:
Approval of amendments three and four of the agreement between DPAC and Nodarse & Associates, Inc.  Also, continue authorization for Chief Administrative Officer (CAO) to approve amendments in an amount not-to-exceed 10% of the lump sum fee.


Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Contact: Tim Ackert or Frank Usina
Approved By:

Department Date and Time
Budget Outside Routing Approval 6/12/2014 2:57 PM
City Clerk 6/12/2014 3:07 PM

ATTACHMENTS:
Name: Description: Type:
Nodarse_AMD_3_Final_for_Council.pdf DPC Nodarse Amend 3 Backup Material
Nodarse_AMD_4_Final_for_Council.pdf DPC Nodarse Amend 4 Backup Material

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