A. MOTION TO NOTE FOR THE RECORD emergency award of open-end Interim Contract No. BLD2114878BX for Chilled Water Systems Maintenance and Repairs for the Facilities Management Division to Daikin Applied Americas Inc. (Group 1) in the estimated amount of $375,286 and Johnson Controls, Inc. (Group 2) in the estimated amount of $190,099 for a six-month combined estimated total amount of $565,386; which includes allowances in the combined contract total amount of $2,500 for parts and materials not included in the routine maintenance but necessary for repairs. The interim contract began on August 14, 2018 and terminated on February 13, 2019.
ACTION: (T-10:45 AM) Approved.
VOTE: 9-0. Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
B. MOTION TO NOTE FOR THE RECORD emergency purchase orders for Chilled Water Systems Maintenance and Repairs issued to Daikin Applied Americas Inc. in the total amount of $421,968 and Johnson Controls, Inc. in the total amount of $80,202 for a combined total amount of $502,170.
ACTION: (T-10:45 AM) Approved.
VOTE: 9-0. Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
C. MOTION TO APPROVE retroactive extension of open-end Interim Contract No. BLD2114878BX to Daikin Applied Americas Inc. (Group 1) in the estimated amount of $700,000 and Johnson Controls, Inc. (Group 2) in the estimated amount of $450,000 for a six-month combined estimated amount of $1,150,000, which includes allowances in the combined total amount of $214,000 for parts and materials not included in the routine maintenance but necessary for repairs. The interim contract will be on a month-to-month basis retroactive to February 14, 2019 through August 13, 2019.
ACTION: (T-10:45 AM) Approved.
VOTE: 9-0. Commissioner Geller and Vice-Mayor Holness voted in the affirmative telephonically.
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THE PURCHASING DIVISION AND THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
There are no goals assigned to this contract because an emergency procurement approved by the Director of Purchasing is exempt from application of participation goals.
The purpose of the contract is to provide uninterrupted, continued chilled water systems maintenance and repair services at various Broward County operated facilities and locations.
On April 26, 2016 (Item No. 19), open-end Contract No. R1298814B1, Chilled Water System Maintenance, Repairs, Upgrades and Replacement Services for Various Locations, was awarded to Carrier Corporation in the estimated annual amount of $398,300 for a total estimated amount of $796,600 for the initial two-year term, and authorized the Director of Purchasing to renew the contract for three one-year periods in the estimated amount of $2,064,638, for a potential five-year term. The initial contract term began on May 1, 2016 and expired on April 30, 2018. The Facilities Management Division (FMD) opted not to exercise the optional renewal terms and chose to re-bid for a replacement contract. On April 30, 2018, the Director of Purchasing approved a 90-day contract extension and Contract No. R1298814B1 expired on July 30, 2018.
On May 7, 2018, Bid No. BLD2114878B1 for Chilled Water System Maintenance and Repairs advertised with a required 5% bid bond and a County Business Enterprise (CBE) goal of 15% for each of the two groups. The bid opened on May 30, 2018 with three responses and one declination. Upon review of the bid responses, it was determined that none of the bidders timely submitted the required original bid bond to the Purchasing Division prior to the bid opening. In addition, the Office of Economic and Small Business Development (OESBD) CBE goal evaluation determined that two of the three bidders, Daikin Applied Americas Inc. (Daikin) and Johnson Control, Inc. (JCI), failed to meet the CBE participation goals for the bid. OESBD also determined that neither Daikin nor JCI provided Good Faith Efforts to meet the CBE goals for the bid.
On August 10, 2018, the Director of Purchasing approved the rejection of all bidders: Carrier Corporation, Daikin and JCI.
Carrier Corporation, the incumbent for Contract No. R1298814B1, declined to enter into an interim contract unless the firm was recommended and awarded Bid No. BLD2114878B1. Daikin and JCI both agreed to enter into Interim Contract No. BLD2114878BX under the same terms and conditions of Bid No. BLD2114878B1 with certain exception to the Specifications and Requirements, "Initial Equipment Inspection", which was deleted in its entirety. Thereby, the Contractor(s) shall not be responsible for the cost of repairs as stated therein, and the work shall be done at the hourly rate offered in the Bid Item Response Form. Both Daikin and JCI offered a voluntary price reduction for Interim Contract No. BLD2114878BX.
On August 14, 2018, the Director of Purchasing approved the emergency award of Interim Contract No. BLD2114878BX to Daikin (Group 1) and JCI (Group 2) to provide "Chilled Water Systems Maintenance and Repair Services" for FMD (Exhibit 2). In an effort to avoid the risk and harm to employees, equipment and the public at large, Interim Contract No. BLD2114878BX began on August 14, 2018 and terminated six months from that date. The interim contract also afforded FMD time to enter and submit a new requisition with current and updated supporting documents necessary to process and complete a new procurement, e.g. goals memo, insurance, etc. Interim Contract No. BLD2114878BX expired on February 13, 2019.
February 12, 2019, FMD entered a total of 14 requisitions for the issuance of emergency purchase orders to Daikin and JCI for emergency chilled water systems services (Exhibit 3). On March 13, 2019, the Director of Purchasing directed staff to issue the emergency purchase orders to Daikin in the total amount of $421,968; and two emergency purchase orders to JCI in the total amount of $80,202 for a combined total of 14 emergency purchase orders in the total amount of $502,170. The Director of Purchasing also determined that in order to provide continuity of services the Interim Contract No. BLD2114878BX should be retroactively extended on a month-to-month basis through August 13, 2019 to ensure chilled water systems maintenance and repairs are uninterrupted until a replacement contract is awarded. Both Daikin and JCI have agreed to an extension of Interim Contract No. BLD2114878BX (Exhibit 4).
In accordance with the Broward County Living Wage Ordinance, Broward County Administrative Code, Section 26-101 (i), these services are covered services. Both Daikin and JCI have agreed to be bound to the contractual obligations of the Living Wage Ordinance, as amended (Exhibit 5).
The amounts referenced in this agenda were rounded to the nearest whole dollar. Vendor payments will be based on the actual total bid amount. The bid tabulation reflects the actual amount of the award (Exhibit 1).
It is anticipated that a replacement contract will be completed prior to August 13, 2019.
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