Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
MOTION TO AWARD fixed contract to low responsive, responsible bidder, Magnum Construction Management, LLC d/b/a MCM, for Exit Roadway Improvements at Fort Lauderdale-Hollywood International Airport, Bid No. PNC2127807C1, for the Aviation Department, in the amount of $11,600,000 which includes allowances in the amount of $400,000, contingent upon receipt and approval of insurance, performance and payment guaranty; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
In accordance with Broward County Procurement Code Section 21.47, Award and Execution Authority, Board approval is required for awards with a value of more than $500,000, inclusive of the value of any renewals or extensions provided for in the contract, that include a single bidder, rejection of apparent low bidder, protested award, or pulls from the Board regarding the intended award.
In accordance with Section 332.0075(3)(b), Florida Statutes, a governing body must approve, award, or ratify all contracts for the purchase of commodities or contractual services executed by or on behalf of a large-hub commercial service airport in excess of $1,500,000 as a separate line item on the agenda and must provide a reasonable opportunity for public comment.
What Action Accomplishes
Provides for a fixed contract for construction of Exit Roadway Improvements Project at the Broward County Fort Lauderdale-Hollywood International Airport.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE AVIATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.
The Office of Economic and Small Business Development (OESBD) determined that no County Business Enterprise (CBE) participation goal should apply to this solicitation based on a portion of the project being funded by a grant from the Florida Department of Transportation and Florida Statute 255.0991, which specifies construction services paid for with any state-appropriated funds, a county may not use a local ordinance that prevents a contractor from participating in the bidding process based upon a requirement to maintain an office or place of business within a particular local jurisdiction (Exhibit 2).
This fixed contract provides for the furnishing of all labor, materials, equipment, services, and incidentals required for the construction Exit Roadway Improvements Project (Project), which includes the reconfiguration of the exit roadway from the Cypress Garage to better direct traffic to Terminal Drive at the Broward County Fort Lauderdale-Hollywood International Airport (FLL) (Exhibit 7).
This procurement carries a 100% performance and payment guaranty. The vendor(s) has provided a bid guaranty obligating the vendor(s) to provide requisite performance and payment guaranty, upon award.
The allowances in the total amount of $400,000 incorporated into the fixed contract include unforeseen, unique, hidden conditions or conditions unknown at the time of bidding that will impact structural, electrical, water/sewer, and underground site conditions work. Expenditures under these allowance items must be approved by the Contract Administrator and will be reimbursed at the contractor’s actual incurred cost, without mark-up (Exhibit 1).
The Director of Purchasing has determined the apparent low bidder, Home Express, Corp d/b/a HE Builders, to be non-responsible based on past performance (Exhibit 3).
The Aviation Department has reviewed the bid submitted by MCM and concurs with the recommendation for award (Exhibit 4).
Three County vendor performance evaluations were completed for MCM; the vendor has an overall performance rating of 3.44 out of possible rating of 5.0. Copies of the vendor performance evaluations are available upon request.
Upon application of the Local Preference Ordinance, Broward County Code of Ordinances, Section 1-75, a best and final offer (BAFO) bid process was initiated between MCM, a Local business, and FG Construction LLC, a Local Business and Locally Based Business. After review of the BAFO bid responses, MCM was determined to be the low bidder. Through the BAFO, MCM’s total bid amount was reduced from $13,233,653 to $12,377,292, resulting in a total reduction of $856,361 (Exhibit 5).
As the revised total bid amount of the BAFO was still above the Engineer’s Estimate, and in accordance with Broward County Procurement Code Section 21.50, Authority to Negotiate Bids, a meeting was held on September 6, 2024 with MCM and staff from the Purchasing Division, the Risk Management Division, and the Aviation Department to negotiate an adjustment of the insurance requirements. As a result of this negotiation meeting, the insurance requirements were revised, and the total bid amount was reduced from $12,377,292 to $11,600,000, resulting in additional savings of $777,292 (Exhibit 6).
The Purchasing Division reviewed the prices submitted by the low, responsive, responsible bidder, MCM, and has determined that the prices submitted are fair and reasonable based on the Engineer’s Estimate (Exhibit 6).
The bid was advertised on April 5, 2024, and opened on May 31, 2024; three bids were received with no declinations (Exhibit 1).
The Recommendation for Award was posted on the Purchasing Division website from October 21 - 25, 2024. There was no protest filed against this procurement.
The amounts referenced in this agenda item 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.
The initial contract period begins on date of award and requires final completion within 515 days after the Project Initiation Date specified in the Second Notice to Proceed.
Source of Additional Information
Robert E. Gleason, Director, Purchasing Division, 954-357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
The source of funding for this Project is budgeted in the Aviation Passenger Facility Charge (PFC) Capital Fund, 40450. The Project is funded through PFCs and state grants.
Requisition No. AVC0001014