THE PUBLIC WORKS DEPARTMENT/CONSTRUCTION MANAGEMENT DIVISION RECOMMENDS APPROVAL.
This item supports the Board of County Commissioners' Value of “Encouraging investments in renewable energy, sustainable practices and environmental protection" with the goal to "proactively lead in the planning, design and construction of projects supporting resilience and climate adaptation, including coordination with other entities to foster resilient design as part of local and regional projects, especially shore protection efforts".
The Public Works Department and the Office of Economic and Small Business Development (OESBD) established a 20% Minority and Women Business Enterprise (M/WBE) participation goal for this project. The Board of County Commissioners directed the Construction Management Division to establish County Business Enterprise (CBE) goals in place of M/WBE goals on August 4, 2009 in Contract Amendment 5. In accordance with Article 9 Section 9.2.2 of Contract Amendment 5, the Public Works Department established an 18.3% CBE participation goal for this agreement. Spillis Candela & Partners/Heery/Cartaya Joint Venture (the Joint Venture) committed to the 18.3% CBE participation. CBE participation goals apply to the cumulative total value of the agreement which includes the value of Basic Services and Optional Services. To date, the Joint Venture has been paid $9,070,956 with M/WBE firms under the M/WBE program receiving $1,692,645; yielding 18.66% participation. To date the Joint Venture has been paid $10,994,551 with CBE firms under the CBE program receiving $2,918,424; yielding 26.5% participation.
On June 14, 2005 (Item No. 5), the Board of County Commissioners approved the deliberately phased agreement between Broward County and Spillis Candela & Partners/Heery/Cartaya Joint Venture, for Consultant Services for Programming, Professional Design, Engineering, and Construction Administration Services, Request for Letters of Interest (RLI No. 20030904-0-CM-01) in the amount of $670,000, with a contract time for professional services of 360 calendar days and the additional days required for jurisdictional reviews for the master planning of the Courthouse District, development of consensus for the best development plan for the district, and gaining jurisdictional approvals necessary for the first phase of work.
On June 6, 2006 (Item No. 3), the Board of County Commissioners approved the First Amendment to the Agreement to provide programming services for the second phase of the project in the amount of $361,941, increasing the Agreement amount from $670,000 to $1,031,941.
On July 18, 2007, the Director of Purchasing approved the Second Amendment to the Agreement to study the feasibility of a ten court addition to the existing North Wing in the amount of $99,980, which included a lump sum amount of $96,980 and a Reimbursables amount of $3,000, which increased the Agreement amount from $1,031,941 to $1,131,921.
On December 11, 2007 (Item No. 76), the Board of County Commissioners approved the Third Amendment to the Agreement for analysis of additional alternative courthouse sites, in the amount of $49,500, which increased the Agreement amount from $1,131,921 to $1,181,421.
On December 9, 2008 (Item No. 82), the Board of County Commissioners adopted Resolution 2008-928, and established the Courthouse Task Force Advisory Committee, which held meetings on January 23, February 27, April 3, and June 30, 2009. A Courthouse Task Force Final Report was approved by the Board of County Commissioners in the August 4, 2009 meeting.
On July 14, 2009 (Item No. 49), the Board of County Commissioners approved the Fourth Amendment to the Agreement for design and construction administration of a new courthouse in the amount of $15,544,847, which increased the Agreement amount from $1,181,421 to $16,726,268.
On June 8, 2010 (Item No. 70), the Board of County Commissioners discussed the best method to procure the services of a design consultant for the 500- space secure parking garage and directed staff to negotiate the additional design services with Spillis Candela & Partners/Heery/Cartaya Joint Venture.
On January 28, 2011, the Director of Purchasing approved the Fifth Amendment which replaced M/WBE Goals with CBE Goals and made minor administrative revisions to the project schedule.
On February 8, 2011 (Item No. 31), the Board of County Commissioners approved the Sixth Amendment to the Agreement for the design and construction administration of a new 500-space parking garage at the County Court Facility in the amount of $535,002 increasing the total Agreement amount from $16,726,268 to $17,261,270.
On August 25, 2011, the Director of Purchasing approved the Seventh Amendment to the Agreement which replaced and updated the Professional Services Agreement Exhibit "B" - Salary Costs.
On December 5, 2013, the Director of Purchasing approved the Eighth Amendment to the Agreement which moved unused Basic Services fees in the amount of $151,532 from prior phases to Optional Services which increased the total optional services amount from $1,842,154 to 1,993,686 and replaced and updated the Professional Services Agreement Exhibit "B" - Salary Costs.
On December 10, 2013 (Item No. 32), the Board of County Commissioners approved the Ninth Amendment to the Agreement for an increase to Optional Services in the amount of $600,000 increasing the total Agreement amount from $17,261,270 to $17,861,270 for an increase in professional threshold inspection services, and an increase in on-site construction project representation.
On January 13, 2015 (Item No. 25), the Board of County Commissioners approved the Tenth Amendment to the Agreement for additional construction administration services for the 500-car secure parking garage subsequent to the completion of the courthouse tower including special testing services and incorporation of the public art project. The motion increased the basic services fee by $578,622, for an increase in the total agreement amount from 17,861,270 to $18,439,892.
On August 4, 2015, the County Administrator approved the Eleventh Amendment to the Agreement to provide for the continuation of project coordination services for the duration of the construction phase arising from the contractor’s failure to achieve substantial completion by June 18, 2015, by increasing basic services in the amount of $579,280 for a total contract amount of $19,019,172 and for a time extension of 98 days for a total revised construction phase time of 1,188 calendar days.
On January 12, 2016 (Item No. 33), the Board of County Commissioners approved the Twelfth Amendment to the Agreement to provide for the continuation of project design services for the duration of the construction phase arising from the contractor’s failure to achieve substantial completion by increasing basic services in the amount of $347,568 for a total contract amount of $19,366,740 and for a time extension of 106 days for a total revised construction phase time of 1,294 calendar days.
On April 5, 2016 (Item No. 43), the Board of County Commissioners approved the Thirteenth Amendment to the Agreement to provide for the continuation of project design services for the duration of the construction phase arising from the contractor’s failure to achieve substantial completion by increasing basic services in the amount of $347,568 for a total contract amount of $19,714,308 and for a time extension of 92 days for a total revised construction phase time of 1,386 calendar days.
On November 29, 2016 (Item No. 14), the Board of County Commissioners approved the Fourteenth Amendment to the Agreement to provide for the continuation of project design services for the duration of the construction phase arising from the contractor’s failure to achieve substantial completion by increasing basic services in the amount $695,136 for a total contract amount of $20,609,444, increasing the optional services fee in the amount of $200,000 for a total optional services fee amount of $2,793,686, and for a time extension of 180 days for a total revised construction phase time of 1,566 calendar days.
On July 7, 2017, the County Administrator approved the Fifteenth Amendment to the Agreement to provide for the continuation of project coordination services for the duration of the construction phase arising from necessary building refinements beneficial to the security, accessibility and usability of the new facility and to provide for additional design services for the evaluation and programming for the renovation of the East Wing Building by increasing basic services in the amount of $1,159,133 for a total contract amount of $21,768,577; and by increasing the project schedule by 330 days.
This proposed Sixteenth Amendment to the agreement provides services to redesign the 500-car secured parking garage intended to be utilized by the Judges’ and other approved court staff. The garage will be constructed in the area where the East and Central Wings are now located. The original design includes a breezeway through the secured garage that will connect SE 6th Street and the future plaza to Riverwalk via the crossing of Courthouse Drive. This design has been determined by the County and Courthouse stakeholders to present a potential security threat for court staff and pedestrians due to the proximity of the proposed public path to the County Jail as well as other operations that take place on Courthouse Drive; in-custody defendant transport into the Courthouse and the release of inmates from the County Jail to the north of Courthouse Drive. The elimination of the breezeway from the current design will remedy these security concerns. With the elimination of the breezeway the redesign will re-purpose the space into additional functional areas required for operational support of the Courthouse. Proposed compensation of the redesign by Spillis Candela & Partners/Heery/Cartaya Joint Venture is an increase in basic services in the amount of $347,180, for an increase in the total contract amount from $21,768,577 to $22,115,757, and an increase in contract time of 90 days for a total of 510 days for the secure parking garage duration.
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