Broward County Commission Regular Meeting
Director's Name: Stacy Ritter
Department: Greater Fort Lauderdale Convention and Visitors Bureau
Information
Requested Action
title
A. MOTION TO ADOPT Resolution No. 2020-289 waiving the Broward County Procurement Code for the Convention Center Escalator Replacement Project and finding that the requirements of Section 255.20, Florida Statutes, do not apply to this project.
(Transferred to the Consent Agenda.)
(Per the Tuesday Morning Memorandum, based on continuing negotiations to finalize the contract between the County and Schindler Elevator is based on the County template agreement for this type of service, the Board’s consideration of Item 51 is based on the replacement Motion B and Additional Material 51(2) which includes the proposed Board Resolution waiving the Procurement Code and 51(3), the draft agreement between the County and Schindler Elevator corporation.)
ACTION: (T-11:44 AM) Approved as amended with Yellow-Sheeted Additional Material 51, 51(2) and 51(3), dated May 19, 2020, submitted at the request of County Administration.
VOTE: 9-0. Commissioners Bogen, Fisher, Rich and Vice-Mayor Geller voted in the affirmative telephonically.
B. MOTION TO APPROVE Agreement with Schindler Elevator Corporation for the Convention Center Escalator Replacement Project, at a lump sum amount of $2,779,460 (inclusive of a 5% contingency allowance); and authorize the Mayor and Clerk to execute same.
(Transferred to the Consent Agenda.)
(Per the Tuesday Morning Memorandum, based on continuing negotiations to finalize the contract between the County and Schindler Elevator is based on the County template agreement for this type of service, the Board’s consideration of Item 51 is based on the replacement Motion B and Additional Material 51(2) which includes the proposed Board Resolution waiving the Procurement Code and 51(3), the draft agreement between the County and Schindler Elevator corporation.)
ACTION: (T-11:44 AM) Approved as amended with Yellow-Sheeted Additional Material 51, 51(2) and 51(3), dated May 19, 2020, submitted at the request of County Administration.
VOTE: 9-0. Commissioners Bogen, Fisher, Rich and Vice-Mayor Geller voted in the affirmative telephonically.
body
Why Action is Necessary
A. Required to waive the Broward County Procurement Code.
B. In accordance with the Broward County Procurement Code, Section 21.31.a.4, Board approval is required for awards exceeding $500,000.
What Action Accomplishes
A. Waives the Procurement Code to allow this time sensitive procurement to advance.
B. Awards the contract to the low bidder, Schindler Elevator Corporation.
Is this Action Goal Related
No
Previous Action Taken
None
Summary Explanation/Background
The eight escalators (four sets of two) in the Broward County Convention Center will be 30 years old when the West Expansion project is completed and the Convention Center re-opens in October 2021.
In November 2019, approximately three months prior to the closing of the Convention Center for the West Expansion project, one of the escalators broke down. Original replacement parts are no longer available, requiring custom manufacturing at a cost of $90,215 (which was 28%) of the estimated price to modernize and upgrade the escalator. The remaining seven escalators are subject to a potential similar failure due to their age and frequent use, and other types of failures are also likely to occur over time.
County staff believes it would be in the County’s best interest to replace all of the escalators, and to do so during the facility closure without the significant interruptions and inconveniences to the events held in the building if it were necessary to complete the work when the Convention Center was open.
The proposed vendor has committed to completing the project prior to the reopening of the facility, which includes the manufacturing, delivery and installation of the equipment. The new escalators will be more energy efficient, contain new safety features and will have a more contemporary aesthetic.
The typical lead time for this type of project is 21 months but is being compressed into the 18 months remaining before the Convention Center reopens. Because of their intimate knowledge of the building system and awareness of the limited time that the facility would be closed, staff asked the operator of the Convention Center, ASM Global (formerly SMG), to issue a bid solicitation (Exhibit 1). ASM Global contacted the only four companies in the United States that manufacture and install escalators. Three of those companies attended the pre-bid conference, and two of the companies submitted bids. The bid tabulation sheet is attached as Exhibit 2.
Given the unique circumstance of having the Convention Center closed during the period of construction, the limited number of vendors in the United States that could perform the escalator replacement, and the vetting of vendors and pricing by the operator of the Convention Center, staff believes that good cause exists for the Board to waive the Broward County Procurement Code for this project.
Additionally, to the extent that the solicitation process performed by ASM Global does not constitute a “competitive solicitation” within the meaning of Section 255.20(1), Florida Statutes, staff believes that Section 255.20(1)(c)(5), Florida Statutes, would not require this project to be competitively procured because the project constitutes “repair or maintenance” work within the meaning of that subsection. Given the critical need to get this work done prior to the reopening of the west Convention Center facility, staff is recommending that the procurement code be waived to allow for the use of the bids obtained by ASM Global.
In addition to the waiver of the Procurement Code, staff is also recommending the acceptance of the proposal of $2,779,460 from Schindler Elevator Corporation (which amount is inclusive of a 5% contingency allowance) (Exhibit 3). Staff provided Schindler with a copy of the standard County contract (BCF 170) and they provided comments back (Exhibit 4). Staff does not object to most of these changes, which are being integrated into the contract by the County Attorney’s Office. The outstanding issues will be resolved in the coming days and the finalized contract will be sent to the Board next week.
All work in the project will be done by the vendor due to the specialized nature of the work. As there are no subcontracting opportunities, there is no CBE goal for this project. (Exhibit 5).
Source of Additional Information
Alan Cohen, Assistant County Administrator, 954-357-7364
Fiscal Impact
Fiscal Impact/Cost Summary
The $2,779,459.60 project cost will be expended from the Convention Center Repairs & Maintenance fund.