Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Construction Management
Information
Requested Action
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MOTION TO APPROVE Amendment No. 5 to the Amended and Restated Agreement between Broward County and Matthews Holdings Southwest, Inc. for Design Services for Broward County Convention Center Expansion and Headquarters Hotel project (RFP/RLI No. N1337414R3), to adjust the authority of the Contract Administrator to execute Work Authorizations and amendments thereto in an amount not to exceed $500,000 for each Work Authorization, to facilitate County’s ability to authorize the performance of Optional Services in an efficient and timely manner; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Board of County Commissioners’ approval of this motion is required to amend Agreement language.
What Action Accomplishes
Motion amends the delegated authority provisions of the Agreement to be based on the value of individual Work Authorizations, including amendments, pursuant to this Agreement.
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Previous Action Taken
Yes
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/CONSTRUCTION MANAGEMENT DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
On August 16, 2016, County approved a Pre-development Agreement (“Pre-development Agreement”) based on Request for Letters of Interest No. N1337414R3 dated October 29, 2015 (“RLI”), which authorized Developer to commence certain design activities and other tasks related to the Project (Broward County Convention Center Expansion and Headquarters Hotel.)
On November 21, 2017, County approved an Agreement for Design Services, as amended by that certain First Amendment dated February 26, 2018, which authorized amounts for Optional Services fees and Reimbursable expenses for certain on-site investigatory activities related to the Project.
On May 8, 2018, County approved an Amended and Restated Agreement for Design Services (the “Amended and Restated Design Services Agreement”), which authorized programming and schematic design services for Project A (Broward County Convention Center Expansion) and three enabling projects (“Enabling Projects”), provided compensation for previously completed work, and increased the amounts for Optional Services fees and reimbursable expenses for certain on-site investigatory activities and other anticipated Developer activities.
On November 18, 2018, County approved a First Amendment to the Amended and Restated Design Services Agreement (“First Amendment”), which added schematic design services for Project B (Headquarters Hotel) to compensate Developer for prior completed work on Project B that had been authorized pursuant to the Pre-development Agreement.
On June 11, 2019, County approved a Second Amendment to the Amended and Restated Design Services Agreement (“Second Amendment”), which added continuing design services for Projects A and B.
On June 28, 2019, the Parties entered into a Master Development Agreement (“Master Development Agreement”) that established the terms and conditions for Developer’s development, construction, furnishing, and equipping of a fully completed Project to County, including the issuance of guaranteed maximum prices based on the design produced under the terms of the Amended and Restated Design Services Agreement.
On May 28, 2020, County approved a Third Amendment to the Amended and Restated Design Services Agreement (“Third Amendment”), authorizing 1) continued design services for Projects A and B, and certain Enabling Projects; and 2) construction administration services for Project A and those Enabling Projects authorized under GMP Contract Amendment No. 1 to the Master Development Agreement and GMP Contract Amendment No. 2 to the Master Development Agreement.
On May 10, 2022, County approved a Fourth Amendment to the Amended and Restated Design Services Agreement (“Fourth Amendment”, together with the First Amendment, Second Amendment, Third Amendment, and the Amended and Restated Design Services Agreement, are collectively the “Agreement”) authorizing further continued design services through completion of 100% of construction documents for Project A and Project B, and for construction administration services for Project A and Project B.
Motion seeks to further amend the Agreement to adjust the authority of the Contract Administrator to execute Work Authorizations and amendments thereto in an amount not to exceed $500,000 for each Work Authorization rather than per Agreement as originally approved, to facilitate County’s ability to authorize the performance of Optional Services in an efficient and timely manner.
The Amendment have been reviewed and approved by the Office of the County Attorney as to form.
Source of Additional Information
Bruce Ferguson, Contract Administrator, Public Works Department (954)-461-3691
Robert Dennis, RIBA, AIA, Assistant Director, Public Works Department (954) 357-7762
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.