Broward County Commission Regular Meeting


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AI-27067 74.       
Meeting Date: 06/12/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Construction Management

Information
Requested Action
A. MOTION TO TERMINATE FOR CONVENIENCE Agreement between Broward County ("County") and ACAI Associates, Inc. ("ACAI") for Consultant Services for Broward County Main Jail Windows Replacement, RFP No. Q1235706P1, approved by the Board of County Commissioners (the "Board") on October 6, 2015, Item No. 40 (the "Project"), and to approve settlement agreement for the same. (Commission District 7)

(Motion A deferred for further staff review.)


B. MOTION TO APPROVE Request for Proposals (RFP) GEN2116591P1, Consultant Services for Broward County Main Jail Exterior Glazing Systems Remediation for Broward County Construction Management Division. (Commission District 7)

(Per the Tuesday Morning Memorandum, Motion B, the RFP will be revised to include language consistent with the recently amended Broward County Business Opportunity Act of 2012.)


(Transferred to the Consent Agenda.)

ACTION:  (T-10:24 AM)  Approved.
 
VOTE: 7-0.  Commissioners LaMarca and Ryan were not present.
Why Action is Necessary
A. Board approval is required for termination of any contract or rescission of award. Board approval is required for approval of settlement agreements.

B. Board approval is required for Request for Proposals.
What Action Accomplishes
A. Terminates for Convenience the agreement between County and ACAI Associates, Inc. for the Project, and approves a settlement agreement between the County and ACAI for the Project.

B. Approves a Request for Proposals solicitation to engage the services of a professional architect or architectural firm, authorized by Chapter 481 Florida Statutes, to provide Consultant Services for Broward County Main Jail Exterior Glazing Systems Remediation for the Broward County Construction Management Division.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/CONSTRUCTION MANAGEMENT DIVISION AND THE PURCHASING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

This action is in furtherance of the Board's Value of "[C]onsistently delivering responsive, efficient, quality services to the public and internal customers."

Motion A. On June 3, 2014, Agenda Item No. 58, the Board approved RFP No. Q1235706P1 requesting consulting services for the Project.

On October 6, 2015, Agenda Item No. 40, the Broward County Board of County Commissioners approved the Agreement between County and ACAI for consultant services for the Project, in the total amount of $577,393 (the "Agreement"). The scope for this Project was to replace all exterior windows to comply with hurricane and detention facility requirements and to address water penetration issues.

On March 1, 2016, the Board approved a contract with D. Stephenson Construction to act as the managing general contractor for the Project in exchange for a guaranteed maximum price of $6,074,951.

On April 27, 2016, a notice to proceed was issued to ACAI for Phase III: 75% Construction Documents. In response to the first set of 75% Construction Documents submitted by ACAI, the County issued substantive comments to be addressed by ACAI.

On June 29, 2016, ACAI submitted a second set of 75% Construction Documents. After extensive reviews by the managing general contractor and County staff, it became apparent that a constructible solution was not achieved. In order to redirect the Project, staff recommends a fresh and renewed design approach through the participation of a different consultant.

County staff recommends that the Agreement be terminated for convenience under § 10.2.1 of the Agreement. ACAI has agreed to the termination, and to release any and all claims ACAI may have against the County related to the Project. ACAI has agreed to the termination, and to release any and all claims ACAI may have against the County related to the Project. This item also seeks approval of a proposed settlement agreement. The proposed settlement agreement will be distributed as additional material to this item.

A settlement agreement has been negotiated with ACAI, County acknowledges that Consultant has fully performed its duties and satisfied the terms of the Consultant Agreement up to 50% of Phase III - 75% Construction Documents and, due to budgetary and constructability constraints, County has elected to re-advertise for professional services for the Project.

County shall pay the retainage that is owed to ACAI in the amount of $11,376 and no other payment shall be made.

Motion B. The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise participation goal of 25% for this project. The OESBD determined that this project is not subject to the Workforce Investment Program (Exhibit 6).

The purpose of this solicitation is to engage the services of a professional architect or architectural firm, authorized by Chapter 481 Florida Statutes, to provide Consultant Services for Broward County Main Jail Exterior Glazing Systems Remediation. The project encompasses the remediation of all existing exterior glazing systems and incidental restorations of the eight-story Broward County Main Jail, located at 555 SE 1st Avenue, Fort Lauderdale, Florida 33301. The project is located within the Broward County Judicial Complex in downtown Fort Lauderdale.

The selected consultant team will provide complete design and construction administration services for the project. The scope of the project shall include time-sensitive, sequenced remediation of all the existing exterior glazing systems and framing, including single and double-height fixed cell windows; ribbon type fixed window units; glass storefronts and storefront doors; and other exterior glazing system types. Consultant services will also include strategic planning, sequencing and logistics for the work in this continuously-occupied, high security, detention/correctional facility without interruption of its continued use and occupancy.

The Request for Proposals (RFP) method of procurement was selected for this project to best serve the County with additional evaluation criteria other than price alone. The RFP method provides for predefined evaluation criteria for ranking of firms based upon required specialized technical expertise. Proposers are required to determine the best method to accomplish the specialized services.
Source of Additional Information
Ariadna Musarra, AIA, Director/County Architect, Construction Management Division, (954) 357-6473
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410
Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

Fiscal Impact
Fiscal Impact/Cost Summary:
A. There is no fiscal impact to Broward County.

B. Funds currently are included in the General Capital Outlay Fund No. 30205. Requisition No. CMD0000237
Attachments
Exhibit 1 - CMD Board Meeting Letter to ACAI_042418
Exhibit 2 - ACAI Letter_111516
Exhibit 3 - CMD Letter_020317
Exhibit 4 - ACAI Letter_031017
Exhibit 5 - RFP No. GEN2116591P1
Exhibit 6 - Goal Memorandum dated February 16, 2018


    

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