Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Engineering
Information
Requested Action
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MOTION TO APPROVE Sixth Amendment to Agreement between Broward County and Brown and Caldwell for Consultant Services for Engineering Services for Reclaimed Water Plant Expansion, Request for Proposal No. R1060205P1, to increase Consultant’s compensation by $114,584, for a new total contract amount of $10,098,233; and authorize Mayor and Clerk to execute same. (Commission District 4)
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Why Action is Necessary
In accordance with the Broward County Procurement Code, amendments to agreements that exceed the Director of Purchasing’s authority must be approved by the Board.
What Action Accomplishes
Approves contract amendment to increase the total compensation to Brown and Caldwell.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMENDS APPROVAL OF THE ABOVE MOTION.
The Office of Economic and Small Business Development has set a County Business Enterprise (CBE) participation goal for this Agreement at 24%. As of February 29, 2024, Brown and Caldwell (Consultant), has received payments totaling $9,860,036, with $2,644,480 allocated to CBE firms, resulting in a participation rate of 26.82% to-date (Exhibit 1).
On December 9, 2014, (Item No. 47) the Board of County Commissioners (Board) approved an agreement between Broward County and Consultant for Consultant Services for Engineering Services for Reclaimed Water Plant Expansion, Request for Proposals No. R1060205P1, (Agreement) for a maximum not-to-exceed amount of $8,135,627 including Optional Additional Services and Reimbursable Expenses (Exhibit 2).
On September 24, 2019 (Item No. 6), the Board approved the First Amendment to the Agreement to extend its duration through December 31, 2021 (Exhibit 3).
On January 12, 2021 (Item No. 3), the Board approved the Second Amendment to the Agreement to increase the maximum not-to-exceed amount for labor under Basic Services by $1,348,050 for a new total of $9,483,677 (inclusive of Optional Additional Services and Reimbursable Expenses) (Exhibit 4).
On December 28, 2021, the County Administrator approved the Third Amendment to the Agreement to extend its duration through July 1, 2022 (Exhibit 5).
On January 27, 2022, the Director of Purchasing approved the Fourth Amendment to the Agreement to increase the maximum not-to-exceed amounts for labor under Basic Services and Optional Additional Services by a combined total of $382,216 for a new total of $9,865,893 (inclusive of Reimbursable Expenses) (Exhibit 6).
Since the Fourth Amendment, the Director of Purchasing has approved five additional extensions of time, of a total of 762 calendar days, which have extended the Agreement through July 31, 2024. (Exhibit 7)
On June 12, 2024, the Director of Purchasing approved the Fifth Amendment to the Agreement to increase the maximum not-to-exceed amount for labor under Basic Services by $117,756 for a new total of $9,983,649 (inclusive of Optional Additional Services and Reimbursable Expenses) and to extend the Agreement through December 31, 2024. (Exhibit 8).
If approved, the Sixth Amendment to the Agreement will increase the maximum not-to-exceed amounts for: (i) labor under Basic Services by $59,584 for a new total of $9,638,368; (ii) Optional Additional Services by $50,000 for a new total of $350,000; and (iii) Reimbursable Expenses by $5,000 for a new total of $109,864. If this additional amendment is approved, Consultant’s total compensation under the Agreement will not exceed $10,098,233. These increases to Consultant’s compensation are necessary due to extended project delays during construction and the resultant need for Consultant’s construction management services during this time including the time and monies needed to finalize the project. (Exhibit 9)
All dollar amounts referenced in this agenda item have been rounded to the nearest whole dollar. This amendment has been approved by the County Attorney’s Office.
Source of Additional Information
Alicia Dunne, PE, PMP, Acting Director, Water and Wastewater Engineering Division, (954) 831-0740
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
The amount of this Fifth Amendment is $114,584. The source of funding is the Water and Wastewater Services Fund number 44250-44100-67301010-512110-100904.
PeopleSoft Requisition WWE0001600.