Broward County Commission Regular Meeting


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AI-27360 7.       
Meeting Date: 09/25/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Construction Management

Information
Requested Action
MOTION TO APPROVE Thirteenth Amendment to the agreement between Broward County and The Weitz Company for additional funding for the New Broward County Courthouse for an increase in basic services in the amount of $1,289,975 for a total basic services amount of $17,314,598; while maintaining the total optional services fee of $2,458,186 and total reimbursables fee of $295,000; for a new total Construction Project Management fee of $20,067,784; and an increase of 365 calendar days for a new total contract time 5,167 days and authorize the Mayor and Clerk to execute same. (Commission District 7)

ACTION:  (T-10:57 AM)  Approved.

VOTE: 9-0.
Why Action is Necessary
The Board of County Commissioners must approve amendments to agreements exceeding the award authority of the Director of Purchasing, in accordance with the Broward County Procurement Code, Section 21.94.a.
What Action Accomplishes
Provides funding in the agreement’s basic services fee line necessary to pay for additional construction project management services for the New Broward County Courthouse tower associated with post construction work  that will provide observations, testing, and inspection services for the correction of the identified contractor’s construction defects.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
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 to support community resilience and climate adaptation, including coordination with other entities to foster resilient design as part of all local and regional projects".

In accordance with article 10.2.2 of the agreement, the County Business Enterprise (CBE) participation goal is 21% cumulatively. The Public Works Department and the Office of Economic and Small Business Development (OESBD) established a 21% County Business Enterprise (CBE) participation goal for this agreement. The Weitz Company committed to a 21% CBE participation. Professional consultant services under this agreement are performed through the issuance of work authorizations. CBE participation goals apply to the cumulative total value of the agreement. To date, The Weitz Company has been paid $14,133,517 (applicable to goal) with CBE firms receiving $2,880,813; yielding a total 20% participation. OESBD and the Contract Administrator anticipates that The Weitz Company’s future work during the construction phase will bring CBE participation to the established goal of 21%.

On February 2, 2010, Item No.16, the Board of County Commissioners approved an agreement between Broward County and The Weitz Company for construction project management services associated with the oversight of design and construction of the New Broward County Courthouse for a not-to-exceed amount of $9,397,394 and for a time period beginning on February 2, 2010 and ending one year after the date of issuance of the final required Notice of Substantial Completion for all work associated with the construction of the New Broward County Courthouse. That original agreement did not include services related to the demolition of the existing east and central wings of the courthouse or the construction of the new 500-car garage and plaza.

On January 27, 2011, the Director of Purchasing approved the First Amendment to the agreement to incorporate a provision enabling the use of Optional Services and revising the project schedule for a time increase of 40 days.

On April 9, 2012, the Director of Purchasing approved the Second Amendment to the agreement providing for the incremental additional services necessary to review the revised documents arising from the mechanical system design issues by transferring $473,800 and 91 days from Phase III: Construction to Phase II: Bid/Award/Permit and revising the project schedule for a time increase of 64 days.

On August 31, 2012, the Director of Purchasing approved the Third Amendment to the agreement providing for the incremental additional services necessary to continue the review of the revised documents and providing for project coordination arising from mechanical system design issues by transferring $47,799 from Phase III: Construction to Phase II: Bid/Award/Permit, transferring $246,920 from Phase III: Construction to Optional Services, and revising the project schedule for a time increase of 86 days.

On February 26, 2013, Item No. 36, the Board of County Commissioners approved the Fourth Amendment to the agreement providing for the continuation of project coordination with Spillis Candela & Partners/Heery/Cartaya Joint Venture and James A. Cummings, Inc. arising from the mechanical system design issues by increasing basic services in the amount of $473,800, increasing the total agreement amount from $9,397,394 to $9,871,194 and revising the project schedule for a time increase of 91 days.

On December 10, 2013, Item No. 33, the Board of County Commissioners approved the Fifth Amendment to the agreement providing for the continuation of The Weitz Company’s project management and project coordination services by adjusting the expiration date of The Weitz Company's services to coincide with the completion of the courthouse construction contract by increasing the project schedule 63 days and increasing basic services in the lump sum amount of $321,617, for an increase in the total agreement amount from $9,871,194 to $10,192,811, and for a revised contract time of 2,294 calendar days.

On October 7, 2014, Item No. 31, the Board of County Commissioners approved the Sixth Amendment to the agreement providing for extended move management support services to assist Broward County with planning and coordination activities prior to the transition of the Judiciary, Clerk of Courts, State Attorney, Court Administration and other using agencies with their respective records and files from the existing west and central buildings to the new courthouse tower. The Sixth Amendment also provided for construction project management services subsequent to the completion of the courthouse tower including renovations to the existing east wing, the abatement and demolition of the west and central wings, construction of the 500-car secure parking garage, new west façade on the east wing, and new public plaza. This increased the basic services fee by $3,050,633, for an increase in the total agreement amount from $10,192,811 to $13,243,444, and an increase in contract time by 600 calendar days for a revised contract time of 2,894 calendar days.

On August 4, 2015, the County Administrator approved Seventh Amendment to agreement providing for the continuation of project coordination services for the duration of the construction phase arising from the contractor’s delay by increasing Basic Services in the amount of $791,280 and Optional Services by $200,000 for a total contract amount of $14,234,724 and for a time extension of 165 days for a total revised construction phase time of 1,203 calendar days.

On January 12, 2016, Item No. 33, the Board of County Commissioners approved the Eighth Amendment to the agreement providing the continuation of project coordination services for the duration of the construction phase of the New Broward County Courthouse Project arising from the contractor’s delay by increasing basic services in the amount of $474,768 for a total contract amount of $14,709,492 and for a time extension of 101 days for a total revised construction phase time of 1,304 calendar days.

On April 5, 2016, Item No. 43, the Board of County Commissioners approved the Ninth Amendment to the agreement providing the continuation of project coordination services for the construction phase of the New Broward County Courthouse Project arising from the construction contractor’s delay by increasing the basic services fee in the amount of $474,768 for a total basic services fee amount of $13,742,340; increasing the optional services fee in the amount of $235,000 for a total optional services fee amount of $1,381,920; while maintaining the total reimbursables fee of $295,000; for a new total professional service fee of $15,419,260; and for a total revised construction phase time of 1,396 days.

On August 11, 2016, the County Administrator approved the Tenth Amendment to agreement providing for the continuation of project coordination services for the construction phase of the New Broward County Courthouse Project arising from the construction contractor’s delay by increasing the basic services fee in the amount of $949,536 for a total basic services fee amount of $14,691,876; increasing the optional services fee in the amount of $200,000 for a total optional services fee amount of $1,581,920; while maintaining the total reimbursables fee of $295,000; for a new total professional service fee of $16,568,796; and for a total revised construction phase time of 1,576 days.

On July 22, 2017, the County Administrator approved the Eleventh Amendment to agreement providing for project coordination services for the New Broward County Courthouse Project arising from the necessary building refinements beneficial to the security, accessibility and usability of the new tower; and to add Construction Project Management Services for the full redesign and renovation of the East Wing Building by increasing the basic services fee in the amount of $1,332,747 for a total basic services fee amount of $16,024,623; increasing the optional services fee in the amount of $376,266 for a total optional services fee amount of $1,958,186; while maintaining the total reimbursables fee of $295,000; for a new total professional service fee of $18,277,809; and for a total revised project time of 4,802 days.

On June 5, 2018, Item No. 7, the Board of County Commissioners approved the Twelfth Amendment to increase the optional services amount by $500,000 for a new total optional services amount of $2,458,186; for a new total contract amount of $18,777,809 to cover any unforeseen work related to post-construction operations and services at the new tower as well as the future phases of the project.

The proposed Thirteenth Amendment to the agreement increases the basic services amount by $1,289,975 and increases the total project time by 365 days to oversee the management of the contractor’s incomplete contractual obligations and correction of the contractor’s construction defects.

The amounts referenced in this agenda item has been rounded to the nearest whole dollar. Vendor payments will be based on the actual total bid amount (or the maximum amount payable under this contract).

This amendment has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Steve Hammond, AIA, Assistant Director/ Public Works Department, (954) 357-7762
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410

Fiscal Impact
Fiscal Impact/Cost Summary:
The funding for amendments to the Construction Project Management Services Agreement with The Weitz Company is available in the 2010 Series B Main Courthouse Bond fund chartfield 35010-35012-61301000-512125-BRW01-100729-Build Lumpsum.
Attachments
Exhibit 1 - Weitz Agreement


    

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