Broward County Commission Regular Meeting


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AI-29270 65.       
Meeting Date: 06/11/2019  
Director's Name: Thomas Hutka
Department: Public Works Division: Construction Management

Information
Requested Action
MOTION TO APPROVE First Amendment to the deliberately phased agreement between Broward County and The Weitz Company, LLC for additional Broward County Representative Phase I services required for the Convention Center Expansion and Headquarters Hotel Project, Request for Proposals (RFP) No. R1324608P1, by providing a basic services fee of $6,804,732, increasing the potential optional services fee by $3,500,000 from $1,800,000 to $5,300,000 and increasing the potential amount of reimbursable expenses by $200,000 from $200,000 to $400,000; thereby increasing the total fee amount from $2,000,000 to $12,504,732; and authorize the Mayor and Clerk to execute same.

(Transferred to the Consent Agenda.)

(Per the Tuesday Morning Memorandum, the Board's consideration of this item is based on the revised Motion Statement and the first amendment submitted as Additional Material.)


ACTION:  (T-10:51 AM)  Approved as amended with Yellow-Sheeted Additional Material, dated June 11, 2019, submitted at the request of the Public Works Department.)

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.
Why Action is Necessary
In accordance with the Broward County Procurement Code, Section 21.94.a, amendments to agreements exceeding the award authority of the Director of Purchasing must be approved by the Board of County Commissioners.
What Action Accomplishes
Provides additional Phase 1 services by Broward County’s Representative, The Weitz Company, LLC (the Weitz Company) for the Convention Center Expansion and Headquarters Hotel Project as necessary to assist County in: securing financing; reviewing Developer and Hotel Operator’s design documents, schedules, and cost estimates; providing constructability reviews; providing other project-related consulting and providing logistical and administrative support to the County’s Contract Administrator.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
In accordance with Article 9.3 of the agreement, the County Business Enterprise (CBE) participation goal is 15.5% cumulatively for the total project - with the exception of Phase 1 (the current agreement and proposed amendment for design phase services). The Contract Administrator and the Office of Economic and Small Business Development (OESBD) anticipate that the Weitz Company’s future work during the project’s Phase II (construction phase) will meet or exceed the established CBE participation goal of 15.5%.

On September 17, 2015 (Item No.48), the Board of County Commissioners approved a deliberately phased agreement between Broward County and the Weitz Company for Phase I construction project management services associated with procurement assistance, contract development, design review and project management support for the Convention Center Expansion and Headquarters Hotel Project. The original agreement provided for potential optional services fees in the amount of $1,800,000 and reimbursable expenses up to a $200,000 maximum. As the initial agreement did not provide for specific basic services, the Weitz Company’s services during the developer selection, programming, conceptual and schematic design phases were assigned via 12 Work Authorizations utilizing $1,437,270 of the available $1,800,000 optional services fees.

The proposed Amendment will provide for the continued participation of the Weitz Company as the Broward County Representative by extending the Phase I services through the remainder of the project’s schematic design, design development and construction documents phases. These services, as dictated by the Developer’s current project schedule, are scheduled to be completed at the end of January 2021. Payment to the Weitz Company for these services will be provided via the proposed Amendment’s $6,804,732 basic services fee.

The basic services fee will be further analyzed and may be amended in the future to modify the proposed lump sum payment to a maximum-not-to-exceed payment basis if warranted as the full scope of the developer’s design service fees are more fully established for the respective convention center expansion and hotel components of the project

The proposed Amendment establishes a new $5,300,000 maximum fee for potential optional services; replenishing the original $1,800,000 Optional Services fee by adding $3,500,000. The proposed Amendment streamlines the work authorization process by increasing the Contract Administrator’s work authorization approval threshold to an amount up to $500,000. This amount is appropriate for a project of the Convention Center Expansion and Headquarters Hotel’s size and complexity and is commensurate to the delegated approval threshold already established for the project’s other related agreements. As optional services work authorizations do not require a procurement action, the original agreement’s approval threshold for the Director of Purchasing is eliminated.

The proposed Amendment does not include construction phase basic services. The Developer’s schedule includes construction activities such as realignment of existing utilities and demolition work which may begin as early as July 2019. Subsequently, construction of early work including foundations work for the convention center west expansion, east expansion, hotel and plaza may begin in November 2019. The proposed Amendment pre-authorizes the Contract Administrator to utilize all or a portion of the additional $3,500,000 optional services fees for construction phase Work Authorizations to be issued to the Weitz Company as necessary to meet Developer’s proposed construction schedule as listed above and for other time critical infrastructure construction services. Use of those pre-approved Optional Services funds shall be contingent upon Contract Administrator’s negotiation of the applicable construction phase scope of work and issuance of a proper Work Authorization for the subject services.

The proposed Amendment also updates EEO and CBE compliance requirements, incorporates updated contract terms consistent with the County’s current standard contract requirements, and provides other project specific administrative updates.

The amounts referenced in this agenda have been rounded to the nearest whole dollar. Vendor payments will be based on the maximum amount payable under the agreement.
Source of Additional Information
Steve Hammond, 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:
Phase One: The revised total contract maximum not-to-exceed amount of $12,504,732 is funded by the Convention Center Capital Fund No. 3280-124-8160-6521.
Attachments
Exhibit 1 - 1st Amendment Weitz Agreement BCCCH
Additional Material - Information


    

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