Agenda 04/27/2010 Item #16D 8
Agenda Item No. 16D8
April 27, 2010
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to award Bid #10-5418 for a production well for the Immokalee
Sports Complex Swimming Pool to Hausinger & Associates, Inc. in the amount of
$70,000 and authorize the necessary budget amendment.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award bid #10-
5418 to Hausinger & Associates in the amount of $70,000 and approve necessary budget
amendment.
CONSIDERATIONS: The supply well that provides water to the heaters for the pool at Immokalee
Sports Complex has failed and requires replacement.
This bid was posted on 12-11-09 and was sent to 48 vendors with 7 vendors responding, with 2 non
responsive bidders. The bids were received on 12-30-09.
The following is a list of bidders:
Thompson Well and Pump Inc.
Diversified Drilling
Shade Services Inc.
Hausinger & Associates
Miller Drilling and Water Treatment Inc.
$98,534.40
$112,840
$76,500
$73,255
$59,935.88
The Purchasing Director received intent to protest prior to the February 23,2010 BCC Meeting and
withdrew the item from the Board's agenda. The full protest was received by the Purchasing
Director within the time frame of the Purchasing Policy. After a full review of the protest and
finding of facts associated with the protest the Purchasing Director issued a decision resulting in the
disqualification of Miller Drilling and Water Treatment Inc. on the basis that Miller does not hold
the licenses required to perform the specified work. The protest and the Purchasing Director's
decision are enclosed as back up material.
Staff and the Engineer of record have reviewed the bid response from Hausinger & Associates and
have determined that they are the lowest, qualified and responsive bidder. Given that all of the bids
received exceeded the available budget, Section VI.B.2 of the purchasing policy was invoked
wherein staff negotiated with Hausigner & Associates who in turn has reduced their price to
$70,000.00 resulting in reduction of $3,255 from their original bid offer. The bid tabulation is
attached. The bid received from Hausinger & Associates was the next lowest price bid received.
GROWTH MANAGEMENT: Immokalee Sports Complex is inventoried in the growth
management plan.
FISCAL IMPACT: Funds have been appropriated in Project 80075 Immokalee Sports Drainage;
however, a budget amendment for an additional $20,000 is needed from Parks and Recreation
Capital Proj ects Fund 306 reserves due to unique geological conditions of the site. Source of funds
is ad valorem.
Agenda Item No. 16D8
April 27, 2010
Page 2 of 11
LEGAL CONSIDERATION: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient for Board action. - CMG
RECOMMENDATIONS: Recommendation to award Bid #10-5418 for a production well for the
Immokalee Sports Complex Swimming Pool to Hausinger & Associates in the amount of $70,000
and authorizes the necessary budget amendment.
PREPARED BY: Murdo Smith, Region 1 Manager, Parks and Recreation
Agenda Item No. 1608
Apri/27,2010
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1608
Recommendation to award Bid #10-5418 for a production well for the Immokalee Sports
Complex Swimming Pool to Hausinger & Associates, Inc. in the amount of $70,000 and
authorize the necessary budget amendment.
4/27/20109:00:00 AM
Meeting Date:
Approved By
Colleen Greene
Assistant County Attorney
Date
County Attorney
County Attorney
3/25/20102:51 PM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Division
Purchasing & General Services
3/29/2010 11:09AM
Approved By
Steve Carnell
Director - PurchasinglGeneral Services
Date
Administrative Services
Division
Purchasing & General Services
3/29/201011:29 AM
Approved By
Jeff Klatzkow
County Attorney
Date
3/30/201011:29 AM
Approved By
Barry Williams
Director - Parks & Recreation
Date
Public Services Division
Parks & Recreation
4/2120101:51 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/7/201012:17 PM
Approved By
Marla Ramsey
Administrator - Public Services
Date
Public Services Division
Public Services Division
4/15/2010 10: 26 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
4/20/20108:21 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
4/20/20104:37 PM
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Agenda Item No. 1608
April 27, 2010
Page 5 of 11
8515 Riverside Drive
Punta Gorda, FL 33982
Shade WellDrilling(a),gmaiLcom
February 24, 2010
Collier County Purchasing
Scott Johnson
3301 E. Tamiami Trail
Purchasing Building, Building G
Naples, FL 34112
ScottJohnson@collier~ov.net
RE: Solicitation Number 10-5418
Formal Protest of Recommended Award
Immokalee Sports Complex Production Well
Dear Mr. Johnson,
Please accept this letter as a formal protest of recommended award for the abovc referenced
project.
1. Name and address of County agency affected and the bid number and title.
Collier County Parks and Recreation Department
15000 Livingston Road
Naples, FL 34109
ITB 10-5418, Immokalee Sports Complex Production Well
2. The name and address of the protesting party.
Shade Services Inc.
. c/o Erik Howard
8515 Riverside Drive
Punta Gorda, FL 33982
3. A statement of disputed issues of material fact. If there are no disputed material facts, the
written letter must so indicate.
Agenda Item No. l6D3, February 23,2010 stated that the recommendation "is legally
sufficient for Board action". The action is not legally sufficient.
Miller Drilling and Water Treatment, Inc. is not a "responsive bidder".
Agenda Item No. 1608
April 27, 2010
Page 6 of 11
4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations,
statutes, and constitutional provisions entitling the protesting party to relief
The invitation to bid included a scope of work which requires a contractor which is
licensed under under Chapter 489 F.S. A water well contractor (licensed under Chapter
373 F.S.) is not licensed to perform the scope of work entailed with the project To the
best of my knowledge, Miller Drilling and Water Treatment, Inc. is not licensed through
Chapter 489 F.S. and therefore would be considered a non-responsive bidder. Illegal
contracting would take place if Collier County and Miller Drilling and Water Treatment,
Inc entered into a contract for the scope of work advertised in the solicitation.
5. A demand for the relief to which the protesting party deems himself entitled.
Award the project to a properly licensed contractor.
6. Such other information as the protesting party deems to be material to the issue.
As part of this formal protest, I wish to modify my bid in the same manner that Miller
Drilling and Water Treatment, Inc. modified their bid. I will agree to reduce my bid by
$4,000.00 from $76,500.00 to $72,500.00 to provide a savings to Collier County.
Excerpts of relevant specifications and bid documents for the project are quoted below
with applicable portions highlighted.
GENERAL PROJECT DESRlPTION
The Collier County Department of Parks and Recreation, (OWNER) is seeking
bids from qualified drilling contractors (CONTRACTOR) for the constroction of
an 8-inch diameter production well and the abandonment of an existing 4-inch
diameter well at the Immokalee Sports Complex located at 505 Escambia Street in
Immokalee, Florida. 111e new well will provide water to heat exchangers to warm
the public swimming pool at the facility. Additional work includes providing and
installing a pump and electrical supply, and piping to tie into the existing lines.
An aerial photograph of the site showing locations of features related to this
project is as Exhibit 1.
1.02. PERMITS, liCENSES. CONSTRUCTION AND EMPLOYMENT PRACTICES
A. The CONTRACTOR shall procure all permits, certificates, and licenses
required of him by law for the execution of the work. The CONTRACTOR
shall comply with all federal, state, and local laws, regulations.
ordinances, safety codes, and building and constroction codes, which
apply to constroction peiformed under this contract.
Exhibit IV.' AdditionalITB Terms and Conditions
10. Licenses
The Vendor is. required to possess the correct professional and other
licenses, and any other authorizations necessary to pelform the required
work pursuant to all applicable Federal, State and Local Law, Statute,
Ordinances, and rules and regulations of any ldnd. Additionally, copies of
all the required licenses must be. submitted with the bid response
20f4
Agenda Item No. 1608
Apri/27,2010
Page 7 of 11
indicating that the entity bidding, as well as the team assigned to the
County account, is properly licensed to peiform the activities or work
included in the ITB documents. Failure on the part of any vendor to supply
this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is
required to have an occupational license.
Questions regarding professional licenses should be directed to
Contractor Licensing, Community Development and Environmental
Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding
required Business Tax Receipt (fonnerly known as Occupational Licenses)
should be directed to the Tax Collector's Office at (239) 252-2477.
The project has (1) electrical work:, (2) underground piping, and (3) tie-ins to existing
lines. A water well contractor is not licensed to perform the three previously mentioned
items for this project. A water well contractor is not licensed to hire or sub-contract
appropriately licensed contractors to perform the three items for this project This project
is not a residential dwelling.
A water well contractor is licensed through Chapter 373 F.S. Portions of Chapter 373
F.S. are quoted below.
"373.303 Definitions
(6) "Water well contractor" means a person who is responsible for the constroction,
repair, or abandonment of a water well and who is licensed under this part to
engage in the business of construction, repair, or abandonment of water wells. "
"373.323 Licensure of water well contractors; application, qualifications, and
examinations,' equipment identification.--
II) A licensed well water contractor may facilitate the peiformance of additional
work by an appropriately licensed contractor which is incidental to the
construction, repair, or abandonment of a water well. For purposes of this
subsection, incidental work is limited to the electrical connection of a pump,
connecting a well to a residential dwelling, constructing a pump house or pump
vault of 100 square feet or less, constrocting a nonstructural well slab of 100
square feet or less, constructing fencing, and landscaping. 171is part does not
authorize a licensed water well contractor to peifonn any services or work for
which a license under chapter 489 is required. "
Services for this project would include hiring or sub-contracting an appropriately licensed
contractor. The water well contractor is not allowed to hire or sub-contract for the
electrical work, underground piping and/or tie-ins to existing lines for this non-residential
project.
Work for this project includes electrical work, underground piping and tie-ins to existing
lines, which the water well contractor is not licensed to perform.
30f4
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Agenda Item No. 1608
April 27, 2010
Page 8 of 11
A portion of Chapter 489 F.S. is quoted below.
"489.105 (3) "Contractor" means the person who is qualified for, and shall only be
responsible for, the project contracted for and means, except as exempted in this part, the
person who, for compensation, undertakes to, submits a bid to, or does himself or herself
or by others construct, repair, alter, remodel, add to, demolish, subtract from. or improve
any building or structure, including related improvements to real estate, for others or for
resale to others,' and whose job scope is substantially similar to the job scope described
in one of the subsequent paragraphs of this subsection, For the purposes of regulation
under this part, "demolish" applies only to demolition of steel tanks over 50 feet in
height; towers over 50 feet in height; other structures over 50 feet in height, other than
buildings or residences over three stories tall,' and buildings or residences over three
stories tall. Contractors are subdivided into two divisions, Division I, consisting of those
contractors defined in paragraphs (a)-(c), and Division IL consisting of those contractors
defined in paragraphs (d)-(q):
(a) "General contractor" means a contractor whose services are unlimited as to the type
of work which he or she may do, who may contract for any activity requiring
licensure under this part, and who may pelform any work requiring licensure under
this part, except as otherwise expressly provided in s. 489.113, "
This project requires a contractor licensed through Chapter 489 F.S. A General Contractor meets
the requirements for 1his project. Additionally, I have provided a letter from Bill Musselwhite
(Another bidder for this project) providing his understanding of the law as it relates to this
project and contracting. Should you have any questions or comments regarding this letter or
information contained within, please do not hesitate to contact me.
Sincerely,
WI :~Ii~
Erik Howard, P .E.
Shade Services Inc.
CGC1517855
CFC1428169
Water Well 7278
Enclosure
-,
4of4
Agenda Item No. 1608
April 27, 2010
Page 9 of 11
I~
DIVERSIFIED DRILLING
CORPORATION
5620 Lee Street, Lehigh Acres, f1L 33971
Phone (239) 368-6404 Fax (239) 368-67 t 6
E-Mail bmusselwhite@weI1water.c:om
February 19, 2010
Mr. Erik Howard
President
Shade Services Inc.
Re: Certified Licensure on Well Construction Projects
Mr. Howard,
Following up on our conversation I am writing this letter to confirm my understanding of
the law that a Certjfied License as defined by F.S. Chapter 489 is required to perform the work
described In the Immokalee Sports Complex Production Well ITB # 10-5418.
The Rorlda legislature more narrowly defined the scope of work that can be performed
under a Water Well Contractors license when they adopted subsection (11) to F.S. Chapter
373.323 several years ago.
This definition allowed a water well contractor to "fadlitate" the performance of work
that was Inddentai to the "construction, repair or abandonment of a water well". This definition
defined inddental work and specifically limited "connecting a well to a residential dwelling". The
statute went on to state that a licensed Water Well Contractor is not authorized "to perform any
services for which a license under chapter 489 Is required"
The Sports Complex project Involved several areas requiring licensure under Chapter
489. These Included electrical work and Installation of buried piping and connection of that piping
to the existing system. A condse reading of the statute reveals that a water well contractor's
license alone Is insufficient to perform this work or even to fadlitate (by subcontracting) these
services since the work is not for a residential dwelling.
It Is my understanding of the law that a contractor certified under FS 489 should be the
prime contractor on this or similar scope projects.
Sincerely,
Diversified Drliling Corp.
Bill Musselwhite
Vice President
CBC #1253245 * cue #1224190 '* FLORIDA WELL #11191 '* COLUER WELL #23271
eo1!r County
Agenda Item No. 1608
April 27, 2010
Page 10 of 11
Adrrinistrative Services Division
Purchasing
March 29, 2010
Mr. Erik Howard, P.E.
Shade Services, Inc.
8515 Riverside Drive
Punta Gorda, FI 33982
Re: Protest Decision, ITS 10-5418, Immokalee Sports Complex Production Well
Dear Mr. Howard,
I am in receipt of your letter of February 24, 2010 protesting the recommendation to
award the referenced contract to Miller Drilling and Water Treatment Inc. (hereinafter
referred to as "Miller").
In reviewing your protest, you have contended that Miller is not qualified to perform
the work as specified for the following reasons:
1. Miller is licensed as a water well contractor under Section 373 F .S. but is not
licensed as a general contractor under Section 489 F.S.; and
2. A water well contractor is not licensed to hire or sub-contract for the electrical
work, underground piping, and/-or tie-ins to existing lines for a non residential
project as called for in the scope of work.
Miller tend~red a bid offer in the amount of $59,935.88. Subsequent to the bid
opening, the Parks and Recreation Department advised Purchasing staff that they
did not have sufficient budget available to pay the full bid amount tendered by Miller.
Under Section VI.D.3 of the County's purchasing policy, the Purchasing Department
may authorize limited price negotiations in such instances to determine if the price
can be lowered to within acceptable budget limits. Pursuant to that provision, staff
and Miller discussed Miller's bid offer together and agreed to a reduced price of
$55,935.88 or $4,000 less than Miller's formal bid offer.
Staff has reviewed Miller's qualifications and has determined that Miller does not
hold a general contractor's license. Further, it is our understanding that a general
contractor's license is required to perform the work as set forth in the bid invitation.
You have asked that the bid offer from Miller be rejected. You have offered to lower
your bid offer by $4,000 and are asking that award be made to Shade Services Inc.
In reviewing the tabulation of the bid offers (see attached), the next lowest bid offer
came from Hausinger & Associates (or "Hausinger"). Hausinger offered a price of
(i)
'><-'
Puldlasing Depanl11el1l' 3301 T 3miami Trail East. Napk!$, Florida 34112 . www collrergov. neVpun:llasing
Agenda Item No. 1608
April 27, 2010
Page 11 of 11
Mr. Erik Howard, P.E.
March 29, 2010
Page 2 of 2
$73,255 which is $3,245 lower than the bid offer from Shade Services of $76,500.
Staff has reviewed Hausinger's qualifications and has determined that they are the
apparent lowest, qualified and responsive bidder.
Accordingly, this office has decided to reject the bid offer from Miller on the basis
that Miller is not qualified to perform the work set forth under ITS 10-5418. I have
also directed staff to negotiate price reductions with Hausinger, which has resulted in
an agreed upon reduced price of $70.000.
Under Section XVIII.C of the County's purchasing policy, the decision of the
Purchasing Director shall be considered final and conclusive unless the protestor
delivers a subsequent written objection to my attention within two business days
from the date of receipt of this decision or not later than close of business on
Wednesday March 31, 2010.
Sincerely,
~ J.1 " /-.:lAIf1!
~1!J.;~f\, tf1. L(d"j
Steve Carnelr.
Purchasing/General Services Director
Enclosure