Broward County Commission Regular Meeting


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AI-26738 40.       
Meeting Date: 06/05/2018  
Director's Name: George Tablack
Department: Finance & Administrative Services Division: Purchasing

Information
Requested Action
A. MOTION TO AWARD fixed contract to the low responsive responsible bidder, Kirlin Florida, LLC, for North Regional Wastewater Treatment Plant - Effluent, Bid No. PNC2115491C1, for Water and Wastewater Services, in the amount of $10,811,190, which includes allowances in the amount of $305,000, to be substantially completed within 830 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of insurance/performance and payment guaranty and authorize the Mayor and Clerk to execute same. (Commission District 4)

ACTION:  (T-10:26 AM)  Approved.

 
VOTE: 6-0.  Commissioners Geller, Holness and Sharief were not present.

B. MOTION TO APPROVE increase of change order allowance by 5%, in addition to the allowable 5% administrative increase, for a total change order allowance of 10% to address unforeseen conditions and regulatory requirements that may be identified during construction.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 6-0.  Commissioners Geller, Holness and Sharief were not present.
Why Action is Necessary
A. In accordance with the Broward County Procurement Code, Section 21.31.a.4, the Board is required to approve all purchases exceeding $250,000.
 
B. In accordance with the Broward County Procurement Code, Section 21.73.c, the Board is required to approve any change order allowance increase exceeding 5% of the original contract amount.
What Action Accomplishes
A. Provides all labor, materials, equipment, services and incidentals for improvements at the North Regional Wastewater Treatment Plant effluent facilities.

B. Provides an additional change order allowance for the contract administrator to approve change orders over the standard 5% allowance to address unforeseen conditions and regulatory requirements.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

The Office of Economic and Small Business Development (OESBD) established a County Business Enterprise (CBE) goal of 25% for this contract. Kirlin Florida, LLC committed to 27.57% CBE participation, which has been reviewed and approved by the OESBD (Exhibit 3).

The purpose of this contract is for improvements to the North Regional Wastewater Treatment Plant Effluent facilities, which include the demolition, removal and replacement of the injection well pump station, outfall pump station, plant site pump station no. 5 and temporary heating, ventilation and air conditioning systems, bypass pumping systems, wet well dewatering systems that are required to maintain continuous operation of the effluent facilities during the construction period.

This procurement carries a 100% performance and payment guaranty. The Purchasing Division confirmed with the surety company that Kirlin Florida, LLC has the capacity to obtain the required guaranty.

The allowances incorporated into this contract in the amount of $305,000 include: $300,000 for non-Broward County permit fees and $5,000 for Water and Wastewater Services/Broward Sheriff's Office Identification Badges. Expenditures under these allowance items must be approved by the contract administrator and will be reimbursed at the contractor's actual cost without mark-up.

In accordance with the Broward County Workforce Investment Program, Broward County Administrative Code, Section 19.21, these services are subject to the Workforce Investment Program. Kirlin Florida, LLC has agreed to be bound to the contractual obligations of the Workforce Investment Program.

The Director of Purchasing has determined the low bidder, Munilla Construction Management, LLC d/b/a MCM, to be non-responsive to the bid requirements; the bidder did not meet the qualifications as stated in the bid documents (Exhibit 6).

The second bidder, Poole & Kent Company of Florida is a non-local vendor. Kirlin Florida, LLC and Cardinal Contractors, Inc., are both local businesses and their bid amounts were within 10% of the non-local vendors bid amount. Therefore, in accordance with the Local Preference Ordinance, the Best and Final Offer (BAFO) process was extended to Poole & Kent Company of Florida, Kirlin Florida, LLC and Cardinal Contractors, Inc.

In a BAFO process, bidders are instructed that they cannot increase the overall bid amount or increase any unit prices. In review of bid prices submitted by all BAFO bidders, Kirlin Florida, LLC increased one unit price during the BAFO. The Purchasing Division informed the vendor that none of the unit prices could be increased during a BAFO process, and that its original unit price for that line item would be reverted back to the original unit price. Kirlin Florida, LLC agreed in writing to the revised bid amount. Through the BAFO process Kirlin Florida, LLC was determined to be the low, responsive responsible bidder resulting in a savings of $839,582 (Exhibit 2). On May 18, 2018 the County received correspondence from Poole and Kent regarding the BAFO process. Exhibit 7 includes the letter from Poole & Kent Company of Florida (page 6 of 8) and the County's response. 
 
Water and Wastewater Services reviewed the bid submitted by Kirlin Florida, LLC and concurs with the recommendation for award (Exhibit 4). There are no vendor performance evaluations for Kirlin Florida, LLC.

The purchasing agent has researched the prices submitted by the recommended bidder, Kirlin Florida, LLC, and has determined that the prices submitted are fair, reasonable and aligned with market analysis for the industry (Exhibit 5).

There was no protest or appeal filed regarding this procurement.

This bid posted on January 19, 2018 and opened on March 9, 2018; four bids were received with one declination (Exhibit 1).
Source of Additional Information
Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

Fiscal Impact
Fiscal Impact/Cost Summary:
The source of funding for this project is the Water and Wastewater Construction Fund in the amount of $10,811,190.

Requisition No. WWE0000358
Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Best And Final Offer
Exhibit 3 - OESBD Compliance Memorandum dated April 2, 2018
Exhibit 4 - User Concurrence Memorandum signed April 18, 2018
Exhibit 5 - Price Analysis
Exhibit 6 - User Non-Concurrence
Exhibit 7 - Poole and Kent Company of Florida


    

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