Broward County Commission Regular Meeting


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AI-26574 39.       
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, Poole & Kent Company of Florida, for District 2A - Ground Storage Tank, Bid No. PNC2115212C1, for Water and Wastewater Services, in the amount of $7,750,000, which includes allowances in the amount of $255,000, to be substantially completed within 600 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 for the construction of a ground storage tank at District 2A Water Treatment Plant for Water and Wastewater Services.

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 30% for this contract. Poole & Kent Company of Florida committed to 33.09% CBE participation, which has been reviewed and approved by the OESBD (Exhibit 3).

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. Poole & Kent Company of Florida has agreed to be bound to the contractual obligations of the Workforce Investment Program.

This contract provides for the construction of a ground storage tank at District 2A Water Treatment Plant for Water and Wastewater Services.

This procurement carries a 100% performance and payment guaranty. The Purchasing Division confirmed with the surety company that Poole & Kent Company of Florida has the capacity to obtain the required guaranty.

The allowances incorporated into this contract in the amount of $255,000 include: $231,000 for non-Broward County permit fees; $10,000 for Broward County permit fees; $4,000 for Water and Wastewater Services/Broward Sheriff's Office Identification Badges; and $10,000 for fire watch fees. 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.

The initial low bidder was TLC Diversified, Inc., a non-local business. The Director of Purchasing has determined the low bidder, TLC Diversified, Inc., to be non-responsive to the bid requirements; the bidder did not meet the CBE requirements as stated in the bid documents.

The third bidder was Munilla Construction Management, LLC, a local business whose bid amount was within 10% of the second bidder Poole & Kent Company of Florida (a non-local business). The Director of Purchasing has determined Munilla Construction Management, LLC to be non-responsive to the bid requirements; the bidder did not meet the CBE requirements as stated in the bid documents.

On March 2, 2018, a letter was received from Saul Ewing Arnstein and Lehr (Exhibit 6, page 6 of 8) representing the vendor Munilla Construction Management, LLC (MCM), in which the firm disagreed with the County's non-responsive determination and request that MCM have the opportunity to participate in the Best and Final Offer (BAFO) process. In accordance with Section 1-74 of the Broward County Code of Ordinances, in order for a firm to be qualified to participate in the BAFO process, the firm must be determined to be responsive and responsible. Four of the six firms that bid on the project met the established CBE participation goal of 30%. After careful review of the Good Faith Effort documentation provided by MCM, it was determined that MCM did not meet the established goal for this bid and was determined to be non-responsible for not complying with the CBE program requirement for this solicitation. Exhibit 6 is a copy of the County's response and the March 2, 2018 letter.

The fourth bidder, Cardinal Contractors, Inc. was determined to be a local business whose bid amount was within 10% of the low responsive and responsible bidder, Poole & Kent Company of Florida (a non-local business). Therefore, the BAFO process was extended to the second and fourth bidder, Poole & Kent Company of Florida and Cardinal Contractors, Inc. After review of the BAFO responses, Poole & Kent Company of Florida was determined to be the low responsive, responsible bidder resulting in a savings of $115,000 (Exhibit 2).

Water and Wastewater Services reviewed the bid submitted by Poole & Kent Company of Florida and concurs with the recommendation for award (Exhibit 4). Two final vendor performance evaluations have been completed for Poole & Kent Company of Florida; the firm has a rating of 4.84 out of a possible 5.0.

The purchasing agent has researched the prices submitted by the recommended bidder, Poole & Kent Company of Florida, 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.

The bid validity for this project expired on May 17, 2018. Poole & Kent Company of Florida agreed to extend the bid validity through June 30, 2018 for Bid No. PNC2115212C1.

The bid posted on November 27, 2017 and opened on January 17, 2018; six bids were received with no declinations (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 $5,496,557 for Fiscal Year 2018. The balance of the funding in the amount of $2,253,443 will be funded in Fiscal Year 2019 for a total amount of $7,750,000.

Requisition No. WWE0000463
Attachments
Exhibit 1 - Bid Tabulation
Exhibit 2 - Bid Tabulation Best and Final
Exhibit 3 - OESBD Compliance Memorandum dated February 2, 2018
Exhibit 4 - User Concurrence Memorandum dated February 14, 2018
Exhibit 5 - Price Analysis
Exhibit 6 - County's Response to Vendor Letter


    

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