Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
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A. MOTION TO APPROVE sole source designation to provide baggage handling system controls and software services from Brock Solutions US Systems LLC, for the Broward County Aviation Department.
(Per the Tuesday Agenda Memorandum, the Board's consideration of the item includes Exhibit 10 as amended by the replacement agreement distributed as Additional Material.)
ACTION: (T-12:27 PM) Approved as amended with Regular Meeting Additional Material, dated May 7, 2024, submitted at the request of Finance and Administrative Services Department.
VOTE: 7-0. Commissioner Bogen and Commissioner Rogers were not present during the vote.
B. MOTION TO APPROVE sole source designation to provide building automation system expansion and modification services from Johnson Controls, Inc., for the Broward County Aviation Department.
(Per the Tuesday Agenda Memorandum, the Board's consideration of the item includes Exhibit 10 as amended by the replacement agreement distributed as Additional Material.)
ACTION: (T-12:27 PM) Approved as amended with Regular Meeting Additional Material, dated May 7, 2024, submitted at the request of Finance and Administrative Services Department.
VOTE: 7-0. Commissioner Bogen and Commissioner Rogers were not present during the vote.
C. MOTION TO APPROVE sole source designation to provide closed-circuit television installation, repair, and maintenance from Micro Security Systems Integration, Inc., for the Broward County Aviation Department.
(Per the Tuesday Agenda Memorandum, the Board's consideration of the item includes Exhibit 10 as amended by the replacement agreement distributed as Additional Material.)
ACTION: (T-12:27 PM) Approved as amended with Regular Meeting Additional Material, dated May 7, 2024, submitted at the request of Finance and Administrative Services Department.
VOTE: 7-0. Commissioner Bogen and Commissioner Rogers were not present during the vote.
D. MOTION TO APPROVE sole source designation to provide access control system from SGI Matrix LLC., for the Broward County Aviation Department.
(Per the Tuesday Agenda Memorandum, the Board's consideration of the item includes Exhibit 10 as amended by the replacement agreement distributed as Additional Material.)
ACTION: (T-12:27 PM) Approved as amended with Regular Meeting Additional Material, dated May 7, 2024, submitted at the request of Finance and Administrative Services Department.
VOTE: 7-0. Commissioner Bogen and Commissioner Rogers were not present during the vote.
E. MOTION TO AWARD fixed contract to single bidder, Tutor Perini Building Corp., for Construction of Airport Terminal Connectors, Bid No. PNC2126562C1, for the Broward County Aviation Department, in the amount of $228,560,358, which includes allowances in the amount of $12,888,581, contingent upon receipt and approval of insurance, performance and payment guaranty; and authorize the Mayor and Clerk to execute same.
(Per the Tuesday Agenda Memorandum, the Board's consideration of the item includes Exhibit 10 as amended by the replacement agreement distributed as Additional Material.)
ACTION: (T-12:27 PM) Approved as amended with Regular Meeting Additional Material, dated May 7, 2024, submitted at the request of Finance and Administrative Services Department.
VOTE: 7-0. Commissioner Bogen and Commissioner Rogers were not present during the vote.
F. MOTION TO INCREASE change order allowance for the Construction of Airport Terminal Connectors contract, Agreement No. PNC2126562C1, from 5% to 10% of the original contract amount; authorize the Director of Aviation Department to approve individual change orders in amounts up to $500,000; and waive Broward County Procurement Code Section 21.56 to the extent necessary to effectuate the foregoing, finding same to be in the best interest of the County.
(Per the Tuesday Agenda Memorandum, the Board's consideration of the item includes Exhibit 10 as amended by the replacement agreement distributed as Additional Material.)
ACTION: (T-12:27 PM) Approved as amended with Regular Meeting Additional Material, dated May 7, 2024, submitted at the request of Finance and Administrative Services Department.
VOTE: 7-0. Commissioner Bogen and Commissioner Rogers were not present during the vote.
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Why Action is Necessary
Motions A - D: In accordance with Broward County Procurement Code Section 21.25, Sole Source Procurement, Board approval is required for non-standardized sole source procurements above the award authority of the Director of Purchasing.
Motion E: In accordance with Broward County Procurement Code Section 21.47(a), Award and Execution Authority, the Board shall make all awards, and authorize the execution of the associated contracts, with a value of more than $500,000, inclusive of the value of any renewals or extensions provided for in the contract, when there is a single bid, rejection, or protest.
Also, in accordance with Section 332.0075(3)(b), Florida Statutes, a governing body must approve, award, or ratify all contracts 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.
Motion F: In accordance with Broward County Procurement Code Section 21.56, Change Orders - Construction Contracts, Board approval is required for a change order allowance above 5% and for authority for a Contract Administrator to approve individual change orders above $250,000. Additionally, in accordance with Broward County Procurement Code Section 21.6, Waiver of Code, the Board, by motion, may waive any or all provisions of the Code for any procurement at any time when the Board determines doing so would be in the best interest of the County.
What Action Accomplishes
Motions A - D. Designates Brock Solutions US Systems, LLC; Johnson Controls, Inc.; Micro Security Systems Integration, Inc.; and SGI Matrix LLC, respectively, as sole sources to provide the equipment and services necessary for the construction of the Airport Terminal Connectors project at the Broward County Fort Lauderdale-Hollywood International Airport for the Broward County Aviation Department.
Motion E. Provides for a fixed contract to furnish all labor, materials, equipment, services and incidentals required for the construction of Airport Terminal Connectors at Fort Lauderdale-Hollywood International Airport, for the Broward County Aviation Department.
Motion F. Increases the change order allowance from 5% to 10% of the original contract amount and authorizes the Director of Aviation Department to approve individual change orders up to $500,000.
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Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE AVIATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
In accordance with Broward County Administrative Code Section 26.3.a, Disadvantaged Business Enterprises (DBE), to meet the United States Department of Transportation Program compliance requirements, the Aviation Department has established a specific DBE Plan related to construction programs at the Fort Lauderdale-Hollywood International Airport. The Office of Economic and Small Business Development (OESBD) established a DBE goal of 25% for this contract. Tutor Perini Building Corp. (Tutor Perini) provided sufficient documentation of the quality, quantity, and intensity of its good faith efforts, and committed to 6.29% DBE participation, which has been reviewed and approved by OESBD (Exhibit 2). This approval is in accordance with the Broward County Administrative Code, Section 26.3.a., that specifies, in the event that a consumer service provider cannot achieve goals established by the County but has demonstrated a good faith effort in working towards the attainment of those goals, the consumer service provider shall be deemed responsive and further considered for the consumer service.
This fixed contract provides for all labor, materials, equipment, and incidentals required for the Airport Terminal Connectors project, at the Broward County Fort Lauderdale-Hollywood International Airport (FLL), which is part of the Terminal Connector Program which seeks to create a post-security walkway for passengers to move from terminal to terminal without being required to exit and re-enter Transportation Security Administration Security Screening Checkpoints. This project will provide redundancy between those Security Screening Checkpoints and promote greater opportunity for airlines to operate in multiple terminals if desired. To achieve these airport goals, the project will consist of new construction as well as building expansions and extensive renovation for portions of the existing Terminal 1 and Terminal 2 facilities.
This contract carries a 100% performance and payment guaranty. The Purchasing Division has confirmed with the surety company that Tutor Perini has the capacity to obtain the required guaranty.
Approval of the sole source designations to Brock Solutions US Systems LLC; Johnson Controls, Inc.; Micro Security Systems Integration, Inc.; and SGI Matrix LLC., respectively, provides equipment and services necessary for the construction of Airport Terminal Connectors project.
The allowances incorporated in the contract, in the total amount of $12,888,581, are for the use of the designated sole sources and unforeseen conditions. 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 (Exhibits 5 - 8).
Pursuant to Section 21.56 of the Broward County Procurement Code, the Board is required to approve any change order allowance that exceeds five percent of the total contract amount. Section 21.56 further provides that the Contract Administrator may only approve change orders within the budgeted allowance up to $250,000.
This item provides the Director of Aviation Department the authority to approve change orders up to 10% of the original contract amount and approve individual change orders up to $500,000. This action applies only to Agreement No. PNC2126562C1, Construction of Airport Terminal Connectors.
This action allows the Director of Aviation to mitigate against the potential high cost of delays which are beyond the reasonable control of the contractor. The proposed action provides an efficient and expedient management of the construction work at Fort Lauderdale-Hollywood International Airport.
The Director of Purchasing has determined the single bidder, Tutor Perini, to be responsive to the solicitation. However, per Procurement Code Section 21.40(b)(3), Determinations of Responsiveness and Responsibility, the awarding authority for a solicitation shall have the ultimate authority to determine whether vendors who have submitted responsive submissions are responsible. The County Attorney’s Office has identified material litigation history involving Tutor Perini that presents a concern regarding responsibility. See attached Litigation Review Memorandum dated April 10, 2024, from the County Attorney’s Office for additional information (Exhibit 3).
The Aviation Department has reviewed the bid submitted by Tutor Perini and concurs with the recommendation for award (Exhibit 3). No County vendor performance evaluations have been completed for Tutor Perini.
The Purchasing Division researched the prices submitted by the single bidder, Tutor Perini, and has determined that the prices submitted are fair and reasonable based on the engineer’s estimate. The total recommended award amount, including allowances, is 21% above the engineer’s estimate (Exhibit 4).
Solicitation No. PNC2126562C1, Construction of Airport Terminal Connectors was advertised on September 29, 2023; the opening was extended and ended on November 29, 2023. The single bid was received from Tutor Perini (Exhibit 1). Periscope S2G successfully invited 78,181 suppliers to the solicitation, and it was reviewed by 172 suppliers. The Purchasing Division notified eleven potential suppliers via email, of which only one confirmed that it was going to bid. After the bid ended, the Purchasing Division inquired why the other suppliers declined to bid; some of the reasons received indicated insufficient time to prepare a bid and timing of the bid conflicting with other commitments.
As this procurement yielded only a single bid response, a Recommendation for Award was not posted to the Purchasing Division website. There was no protest or appeal filed regarding this procurement.
Tutor Perini’s bid validity expired on March 28, 2024, and Tutor Perini has agreed to extend it through May 27, 2024 (Exhibit 9).
This contract has been reviewed and approved by the Office of the County Attorney.
Source of Additional Information
Robert E. Gleason, Director, Purchasing Division, 954-357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
Funds for the fixed construction contract in the amount of $228,560,358, including allowances, are available in the FLL Capital Fund, 40350.
Requisition No. AVC0000925