Broward County Commission Regular Meeting


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AI-27461 6.       
Meeting Date: 09/25/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Construction Management

Information
Requested Action

A. MOTION TO TERMINATE FOR CONVENIENCE Agreement between Broward County and ACAI Associates, Inc. for Consultant Services for Broward County Main Jail Windows Replacement Project, RFP No. Q1235706P1, approved by the Board of County Commissioners on October 6, 2015, Agenda Item No. 40. (Commission District 7) (Deferred from June 12, 2018 - Agenda Item No. 74)

(Commissioners Holness, Geller and Vice-Mayor Bogen pulled this item.)

ACTION:  (T-10:58 AM)  Approved, as amended, with direction to the County Attorney’s Office to attach evaluation documents to a manila folder with differentiation between interim and final reviews. (Refer to minutes for full discussion. )

VOTE: 9-0.


ACTION:  (T-11:15 AM) Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.



B. MOTION TO APPROVE Settlement Agreement between Broward County and ACAI Associates, Inc., to release retainage withheld in the amount of $11,377, reach a full and complete resolution of all claims, issues, rights, and obligations related in any way to the Agreement for Consultant Services for Broward County Main Jail Windows Replacement Project, RFP No. Q1235706P1; and authorize Mayor and Clerk to execute same. (Commission District 7)

(Commissioners Holness, Geller and Vice Mayor Bogen pulled this item.)


ACTION:  (T-10:58 AM)  Approved, as amended, with direction to the County Attorney’s Office to attach evaluation documents to a manila folder with differentiation between interim and final reviews. (Refer to minutes for full discussion. )

VOTE: 9-0.

ACTION:  (T-11:15 AM) Approved.  (Refer to minutes for full discussion.)

VOTE: 9-0.

 

Why Action is Necessary
A. Board approval is required for termination of any contract or rescission of award.

B. Board approval is required for approval of settlement agreements.
What Action Accomplishes

A. Terminates for Convenience the agreement between Broward County and ACAI Associates, Inc.

B. Provides for settlement of all claims between Broward County and ACAI Associates, Inc.

Is this Action Goal Related
Previous Action Taken
Deferred from June 12, 2018 - Agenda Item No. 74
Summary Explanation/Background

THE PUBLIC WORKS DEPARTMENT/CONSTRUCTION MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

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 the County and ACAI Associates, Inc.  for consultant services for the project, in the total amount of $577,394. 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, Agenda Item No. 23, 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 Associates, Inc. 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 Associates, Inc.

On June 29, 2016, ACAI Associates, Inc.  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, County staff recommended 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 Associates, Inc. has agreed to the termination.

MOTION B: A settlement agreement has been negotiated with ACAI (Exhibit 1), and the County acknowledges that the Consultant has fully performed its duties and satisfied the terms of the Consultant Agreement up to 50% of Phase III - 75% Construction Documents. The County shall pay retainage to ACAI in the amount of $11,377. 

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

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact to Broward County.
Attachments
Exhibit 1 - Settlement Agreement signed by ACAI & CAO
Exhibit 2 - CMD Bd Mtg Letter to ACAI_042418
Exhibit 3 - ACAI Letter_111516
Exhibit 4 - CMD letter_020317
Exhibit 5 - ACAI Letter_2003.10.17


    

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