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Agenda 03/09/2010 Item #10D Agenda Item No. 10D March 9, 2010 Page 1 of 57 EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of $2,904,563.00 for the North County Regional Water Treatment Plant "Finished Water Quality and Odor Control Compliance Project" to Cardinal Contractors, Inc., Bid #10-5423, Project Number 71002. . OBJECTIVE: The public purpose is to meet operational and reliability needs, to meet the demand for potable water, and to stay in compliance with all regulatory requirements at the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATION: On June 24, 2008, Agenda Item lOG, the Board of County Commissioners (Board) adopted the 2008 Water Master Plan Update that identified the requirement for improving finished water quality and odor control at the NCRWTP. The proposed scope of work is consistent with the 2008 Water Master Plan Update, Project 71002, "NCRWTP High Total Dissolved Solids Reverse Osmosis Design, Construction, and Supply," Section 8, Table 8-2, page 1 of 5, line 26. The design for the entire NCRWTP 2-Million Gallons per Day (MGD) Reverse Osmosis Program is complete; however, the water department intends to implement the program in two phases: 1. NCRWTP Finished Water Quality and Odor Control Compliance Project - Replacement of the degasifier system and the addition of an odor control system in fiscal year 2010, to improve the quality of finished water, the efficiency of the water treatment processes, and the efficiency of controlling odors. 2. NCRWTP Raw Water Quality Compliance Project - Future construction of 2-MGD of reverse osmosis capacity to treat groundwater that has changed in quality (high total dissolved solids) making four high production wells unusable, significantly reducing the production capacity of the wellfield. Continued eastward movement of the plume of groundwater high in total dissolved solids has the potential to negatively impact additional wells, further reducing the production of the wellfield. This phase is being deferred and will be implemented at an event-driven later date. .- Finished water quality at the NCRWTP is very difficult and costly to maintain. Turbidity and nitrification are difficult to control. Turbidity and nitrification events tend to cause rapid degradation of chlorine, which in turn threatens the ability to remain in compliance with water quality, disinfection, and pH levels. Maintaining all of these items is critical for sustaining compliance in potable water quality, thereby ensuring public health. During nitrification events, costly, large-scale system flushing and temporary increases in the amount of very expensive disinfection chemicals are utilized. While the Water-Sewer District has not had any such event lead to a requirement for a public notification, there is significant risk of not complying with regulations until the degasification equipment is upgraded. In addition to improving water quality, the improved degasification process will provide an annual savings in chemicals and labor costs of approximately $450,000. Reference the attached Business Case for further details. Executive Summary NCRWTP Finished Water Quality and Odor Control Compliance, Project 71002 Page 2 Agenda Item No. 10D March 9, 2010 Page 2 of 57 Additional savings will be realized by the county purchasing the major equipment directly, thereby avoiding sales tax. The existing odor control system is not a direct public health concern; however, the system is marginal and occasionally odor complaints are received from residents in the area surrounding the plant. The construction of four new degasifier towers and one new odor control scrubber will ensure that the NCRWTP remains in compliance with the Public Utilities Division's "good neighbor" policy of generating no offsite odors. ,,"", Deferring the Raw Water Quality Project (Phase 2 of the original program) does represent an operational risk; without the 2-MGD of high pressure reverse osmosis equipment, there is the potential for saltwater to migrate into the wells that are currently used, rendering them unusable, However, the risk is expected to be manageable in the short ternl. Long term, the project wellfield consultant, Camp Dresser & McKee, predicts that the migration of saltwater into the aquifer will eventually occur, and it will be necessary to mitigate this degradation of the water supply by constructing the additional 2-MGD of reverse osmosis capacity that will use the four wells that are currently unusable as the raw water source for the project. Each existing well represents a capital investment of approximately $1,000,000; Phase 2 of the project will recover the lost capital investment in infrastructure of the currently unusable four wells, and will protect the capital investment that we have in other potentially impacted wells in the well field. Currently, this requirement, defined as Phase 2, is not programmed until after 2015, unless there is an earlier change in wellfield water quality conditions. Value engineering activities were conducted at the 60 and 90 percent design completion milestones. These reviews identified key cost-drivers, generated alternatives through the use of creative thinking, and resulted in filling the need reliably at the lowest life-cycle cost without sacrificing project requirements for safety, quality, operations, maintenance, and environmental protection. Bid #10-5423 was advertised on December 30, 2009; 1,136 notices were mailed and 165 prospective bidders downloaded plans and specifications. On February 5, 2010, sealed bids for the construction of this project were opened. Eight bids were received and are summarized in the following table: BIDDER Cardinal Contractors, Inc. Mitchell and Stark Construction Co., Inc. TLC Diversified John Reynolds and Sons John J. Kirklin Douglas N. Higgins, Inc. Westra Construction AH Salace Construction Group BID $2,904,563.00 $3,116,416.00 $3,308,350.00 $3,347,332.00 $3,350,432.00 $3,365,872.00 $4,016,332.00 $4,054,000.00 ",,,.., .._"" Executive Summary NCRWTP Finished Water Quality and Odor Control Compliance, Project 71002 Page 3 Agenda Item No. 10D March 9, 2010 Page 3 of 57 Section XiX of the Collier County Purchasing Policy, has a provision for Local Vendor Preference (L VP). Purchasing Staff has extended a right to match the offer to Mitchell and Stark Construction Co., Inc., a local contractor who has agreed to match the overall low bid of $2,904,563.00. Shortly after receiving Mitchell & Stark's matching offer, staff was contacted by the apparent lowest bidder, Cardinal Contractors, Inc., which maintains that it qualifies for the local vendor preference. Cardinal Contractors had filed the required L VP affidavit with its bid, but purchasing staff was initially unable to verify whether Cardinal Contractors has a local address or a Collier County occupational license, both of which are pre-requisites for qualifying as "local" under the L VP policy. Subsequently, staff met with Cardinal Contractors and leamed that Cardinal Contractors has been the prime contractor on a wastewater plant expansion project for the City of Marco Island and has had an office trailer on the construction site for nearly two years. They anticipate remaining on site for at least another full year. Further, Cardinal Contractors provided evidence of holding Collier County occupational licenses in the past, but stated that they were told by the Collier County Tax Collector's Office in recent years that they no longer needed an occupational license in Collier County due to changes in state law. Additionally, Cardinal Contractors stated on their L VP affidavit that they presently have twenty employees who are Collier County residents. "-,,- The facts regarding Cardinal Contractors in this matter are strikingly similar to those pertaining to the award of ITB 08-5106 in September 2008. In that instance, Astaldi Construction Corporation was the apparent low bidder. Like Cardinal Contractors, Astaldi did not have a current occupational license, despite efforts to obtain one through the Tax Collector's Office; Astaldi did not have a traditional permanent local address; and, Astaldi had a construction office on a job site within Collier County and had been there for several months prior to bidding the new contract. As with Cardinal Contractors, Astaldi employed several Collier County residents. Staff brought the Astaldi situation to the Board on September 9, 2008, and after reviewing the facts in that situation, the Board deemed Astaldi Construction Corporation to be "local" under the LVP policy and subsequently awarded Astaldi the pending contract. Based on that action and the similarity of the facts in this case, staff is recommending that the otTer from Mitchell & Stark to match Cardinal Contractors's bid offer be declined and that the Board award ITB 10- 5423 to Cardinal Contractors, Inc., in the amount of $2,904,563.00. This amount is 26-percent less than the $3,933,000.00 revised engineer's estimate provided by the Engineer of Record, HDR Engineers, Inc. (A letter of recommendation from the Engineer of Record is attached.) The recommended award price includes all bid items except Item 2 which will be procured separately. -"'''~' FISCAL IMPACT: Funding is available in and is consistent with the FYIO Capital Budget approved by the Board on September 24, 2009. The source of funding is the Water User Fee Fund (412). Executive Summary NCRWTP Finished Water Quality and Odor Control Compliance, Project 71002 Page 4 Agenda Item No. 10D March 9, 2010 Page 4 of 57 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attomey's Office and is legally sufficient.-JBW GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to insure the viability of public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Award Bid 10-5423 "NCRWTP Finished Water Quality and Odor Control Compliance" to Cardinal Contractors, Inc. 2. Authorize the Chairman to sign the standard construction contract after review and approval by the County Attorney's Office. PREPARED BY: Tom Chmelik, P.E., PMP, Principal Project Manager, Public Utilities Division. "" .1 ao.... .1 V.l.l Agenda Item No. 10D March 9, 2010 Page 5 of 57 COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 100 Meeting Date: Recommendation to award a construction contract in the amount of $2,904,563 for the North County Regional Water Treatment Plant Finished Water Quality and Odor Control Compliance Project to Cardinal Contractors, Inc, Bid #10-5423, Project Number 71002. (Steve Carnell, Purchasing Department Director) 3/9/2010900:00 AM Approved By Paul Mattausch Director - Water Date Public Utilities Division Water 3/3/2010 6:52 AM Approved By Pamela Libby Manager - Operatlons-Water/WW Date Public Utilities Division Water 3/3/20107:18 AM Approved By Thomas Wides Director - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 3/3/2010 8:28 AM - Approved By Phil E. Gramatges, P.E. Project Manager, Principal Date Public Utilities Division Public Utilities Engineering 3/3/20108:36 AM Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 3/3/20109:16 AM Approved By James W. Delany Date County Attorney County Attorney 3/3/20109:23 AM Approved By Jeff Klatzkow County Attorney Date 3/3/201010:30 AM Approved By Susan Usher ManagemenUBudget Analyst, Senior Date Office of Management & Office of Management & Budget 3/3/201011:21 AM Budget ._.- Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 3/3/201012:41 PM - .~ . , --..~,"<~.,..... ..-. -~--".... COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES PLANNING AND PROJECT MANAGEMENT DEPARTMENT Agenda Item NO.1 OD March 9. 2010 Page 6 of 57 BUSINESS CASE FOR: 71002 NCRWTP Finished Water Quality and Odor Control Compliance Project (Sub-project of 71002 NCRWTP High TOS RO Exp Program) NEXUS TO MASTER PLAN: 2008 Water Master Plan Update Table 8-2, page 1 of 5, Line 29, Fund 411 for original program FY10 Budgeted Amount: $ 5,500,000 1. Initiative action and recommendation Finished water quality at the NCRWTP has been very difficult and costly to maintain. This is because the degasification equipment is undersized, making turbidity and nitrification difficult to control. Turbidity and nitrification events tend to cause rapid degradation of chlorine, which in turn cause potential concerns with water quality, disinfection, and pH levels. Maintaining all of these items is critical for ensuring public health. Further, the existing odor control system is marginal, and occasionally odor complaints occur. To overcome these problems and to remain in compliance, large quantities of expensive chemicals are added to achieve the desired level of water quality and odor control. When water demand increases, there will be significant issues with water quality and odor control. In fact, the NCRWTP cannot operate at capacity due to the turbidity problems caused by insufficient degasification. This project addresses these concerns by constructing four replacement degasifiers and one additional odor control unit. 2. Benefits of the initiative action Tangible benefits: . Public health improvement by being able to stay in compliance and deliver high quality water in a sustainable, reliable manner. . Annual estimated savings of $300,000 in chemical use cost at current pricing. . Annual estimated savings of $75,000 in media replacement cost. . Annual estimated savings of $25,000 in plant labor cost. . Annual estimated savings of $50,000 in distribution flushing cost. . Considering the total estimated savings of $450,000 per year, a 15.56% internal rate of return, and a 6-year payback on the investment is expected. As chemical prices continue to rise, the payback period will decrease favorably. The existing degasifiers are 17-years old, and there is every indication that the new degasifiers will last at least that long, Therefore, the project will pay for itself during the equipment's useful life. --- Intangible benefits: · Supports the Good Neighbor Policy by reducing the likelihood of odor complaints. This becomes more beneficial as demand increases. . Protects property values by creating a sustainable odor-free environment. · Extends equipment life by using fewer aggressive chemicals that degrade materials. · Protects the environment by using fewer chemicals. . Saves fossil fuels and reduces carbon emissions through reduced chemical transportation. · Improves inherent job safety due to: more ergonomic degasifier access, new c1ean-in- place system, less frequent media replacements, and less chemical usage. Agenda Item NO.1 OD March 9. 2010 Page 7 of 57 This project ensures that the mission of maintaining regulatory compliance and meeting customer demand will be accomplished. This benefit, together with the additional tangible and intangible benefits, outweighs the project cost. 3. Risk of not takinq the action - Finished water quality at the NCRWTP has been very difficult and costly to maintain. This is because the degasification equipment is aging and undersized, making turbidity and nitrification difficult to control. Turbidity and nitrification events tend to cause rapid degradation of chlorine, which in turn causes potential compliance concerns with water quality, disinfection, and pH levels. Maintaining all of these items is critical for remaining in compliance and ensuring public health. During nitrification events, costly, large-scale system flushing and temporary increases in the amount of expensive disinfection chemicals used may be needed. While the Water-Sewer District has not had any such event lead to a public notification, the risk of not complying with regulations remains greater until the degasification equipment is upgraded. 4. Why is this action the best value solution HDR has provided the best-value design based on the terms and conditions of their contract. Together, HDR and Staff bid the construction of this initiative consistent with providing best-value to the rate-payers of Collier County. 5. Other option to the action Repairing the equipment will not provide the needed benefits that the new equipment will offer. The current degasifiers are undersized, and are being increased from 11-feet to 13- feet in diameter. The new odor control unit is being added because the three existing units do not have enough capacity. The County can elect to do nothing and retain the current processes and their inherent risks and costs. Doing so increases the likelihood of public notifications, and accepts an annual additional operating cost of approximately $450,000. 6. What criteria does this initiative address (e.q.. Public Health, Safety, AUIR. Compliance, meets demand. etc...) Public Health, Regulatory Compliance, and Meet Demand. - Name: Tom S. Chmelik, P.E. Title: Principal Project Manager Date: February 5, 2010 . _n_ _'''___M , ___-._,,_ "" -,-p_,"_w_>,_,,>'" QI<!1i>'-' q,,-!!i -o$~ 0 "'1ia}J-~O , ~ 0 8 ~ , ~ . ^ 0 ^ ^ - " . 8 "' . , - . . w . . . . "' , . - z . c>~= , Q . g ,; " . > . - . - ~ ~Q) . " . ~ ~ .; 0 . .; .; ~ . d'g> < . . . . 2rna. -:;; . . <1l w . ~ . . ~ - 8 ~ . ^ ^ '0 . . "' . ^ ^ , . . . w . . . . - . .; . . - c . 0 " . - N . . . . . 0 . . " - . '" , - 0 , . ~ ~ .; j . . " . ~ . en . . <( , N N . 0 " 8 " 8 . - ^ 0 ^ , . " . . . . w " , . . . . . z . . , Q a a . . . - - , 0 . . . 0 - " ~ .; 0 . N . .; . . ~ . . . ^ 0 N 0 N N . . N . " 8 " . . . . . ^ N ~ 0 - ^ . . . w " "' - . . . . . - . . z " "' o' ri . . - . z . 0 . . . . . 0 . . ~ ~ .; - . - .; ~ . " . . . . . . . 0 . 0 , N N . . 8 . ~ . . - . . .. 0 . , . 0 . . 0 w . a .; , . . z . - . 0 ri g . a i . . . , . " . 0 N ~ ri . . .; . " . . . . . 0 z 0 o . ~ o . . . . , , .0 N C , , H , , z . . , iii~ . . . o . , . C Z . , , o C o . B 2 , o 8 ~ . , . . o , o . , ~ o . C . , z . . . , 6 , " c . . . o . , " o o < . o , . " S o o C w " . . w " . . w " . . z Q . . . o . w o > w . " . o . . " N . " N o . . o o o . N .; . o i . , z z , , . o . . o i i l , o , . o . . , . . . z . o . w . . . . 1 o ~ o . . , l ~ . -~ J , . j o " i g , . z . . .; o z ! w . . z . w . J . o . N 8 o o o . 8 o o . o 8 g . " , . w o , ~ J < " " . o "' " o .; . N " " . N . ;( o . .; " .. . i . . . 8 o . - . ~ ~ g . ~ ~ N . . ~ o I , . ~ . l , o , . i . , . . . , . w . . z . w . , w < . o o o W o < ~ . N " ~ o N " o . . ~ ~ . . ~ " - ~ . . , . ! , " . ] j o ; o , , . I . . - , . ; , , r . , . . e , . . o ; . . , . , . " o ~ I w . . z " w . o . w ? . o o o w o , . w . < z . w . J < o W m o ~. . ~ . . N . N . ~ @ N - - "' . o ;( o o o i. o .; . . . ! . . , , ~ " . . . o o . . . > . . > o . ~ ~ t : , . . ~ o . , , . ; . . . - . - . , - ^ . . . . - . . . . ~ " w , . " i , ! . . - ^ . . , ~ ~ . . , . ! . , i e . z - . - o Z . . . . . . . . . , ~ . , o ~ . , , . ffi ] 2 . . . , . , . . . . . - . . . . - J i , . . . . , .. . , February ]6,2010 . Mr. Tom Chmelik, P.E. Principal Project Manager CollierCounty Public Utilities Division' 330IE. Tamiami Trail, Bldg. H, 3rd Floor . Naples, Florida 34112 '.' . . . Re: Recommendation of A ward - Cardinal ContraCtors, Inc. NCRWTP - Degasifier and Odor Control Expansion, Bid 10'5423 . , Dear Mr. Chmelik: " , ~ ., . Eight bids were received on February 5, 2010 for the referenced project. Cardinal Contractors, Inc. was the apparent low bidder witli a Total Lump SumBid amount 6r'$2,904,563.00. Mitchell'& Stark Construction 'Co., Inc. submitted the apparent second low bid of $3,] 16,416. These bid amounts do not include Bid, Alternate Item No.2. . . . . . .' . The excellent bid prices received are neflectiqn of the number of bidders competing in an extremely comj:>etitive biddingclimate. The original Engineer's Estimate of $5,600,000 was made in Febl1lary 2009 when stimulus money was anticipated to increase construction activity and reduce contractor competition. That did' not occur. To improve competition, an additional vendor was added for the degasification and odor controi equipment. As ~ result of value engineering activities, deductive alternates were added to allow for fiberglass-only vessels versus fiberglass-PVC composite vessels. All of these changes and the omission of Item 2 ofthe Bid Tabulationresulted in a revised Engineer's Estimate of $3,933,000. . . Cardinal Contractors, Inc. and Mitchell & Stark Construction Co., Inc. have both completed projects for the County and have perfonned acceptably. Based on our:review of the bids and knowledge of these Contractor's' qualifications, we recommeild that the construction contract tor the referenced project be awarded to the apparent qualified low bidder. . . If you have any.questions, please contact us. Sincerely, " HDj{ Engineering, Inc, . teven M. Bupp, P. Project Manager , , .-~- , HDR En,glneeririg, Inc. . 5426 Bay Center Drive. Suite 400 Tampa, FL 33609 Pho'ne: 813-282-2300 Fax: 813-282.2430 WWW.hdrinC.com , . " ....""-~......~,^"'~.,..,""~...~-"< . ",_,_,~,_"'._.._..."._".,,m.'_ oar-- o~'" ~o_ NO o '0 Z())~ E -5 cl} (l)~0l ~(l)(l) -20.. (l) '0 c (l) Ol <( . o Z - " " .- o ~ 0.. " " c '" .- - Q. E o u o ~ - c o U ~ o 1:> o 1:> C '" ,., - .- - '" ::l o ~ " - '" :: 1:> " J:: '" C .- LL Q. ~tl " cr'o u ~ ZQ. " " - - . 0 u 0 - . .'0 '- - ;:0 0 " " 0 '0 Cl. 0 . " M E :5 m N . ._ ~'<t . 01.- It) . - . ~ 0: .0 - 0_ " 1:'O~ 0 " '0 - . N U 0 - '" " . 0 . 0 " u ;: , - .- " - ~ 0 ~ '0 U " . " u . ,- . " 0 ~ o~ Z . " E 0 Cl. - . " 0 u " U. . Z 0 = u , " " " - 0 - . . - 0 " " . 0. 0 " Cl. E u . M - 0 " " U '0 ~ . " ..; - 0 I . = 0 - " . . - m - , '" N . I " 0 ~ I- U , \1 1!: - a .., " - a ... - Q........................................-.-.................................... N N " - a ................................................................................ - " - a ... " - a _'h_'._ .._,,_. .. " I- C - E z 0 '" w .. ~ '" 0 ~ Z > t:l w I- 0 - ::l .. a " " V . " .. .. 0: .- " '- = 0 C 0 0 ~ 0 " - Q. U 0. u '" .., " - a '" o o - .... .., - 0.-.................... N N " - o .., - >- ~ ........................................................... - " - a 1!: - a ".. .., " - N 0 - o ..--..-......... m...........___....... ......_.n................. N N " - a ,},,< ':,",~> ,.~,y: ,,:t,~i;;_; ,'.,,',",\, '::ii'''- ... ~ '>:0:. . ,*4 ::~ ,_,_'2L 'ie.,';', __~h ._.._n............. .............................. ............................. - " - a t..' i r' f-,,-," ,)-, ",'- ;0'-,...: 1!: - o .., " - a - - >- ~ - - 0.-................... .............................. N N " - a .__...._..................... ........................m_. - " - a 1!: - a ',.',";"':- ''It!!'!.:.' ,,11.';:" 11"', -'. -, ;;: ~ ::,0>: ,"_'-C_. ~j - M " - a o - " N N " - o - " - a - M M - ~ ,~ - m ~ ~ 0 - ..; .- 0 0. 0 <.J m m <.J N - ~ .' . - \.. CRAIG R. WOODWARD Boom Cm;fi.d """ Em!< MARK). WOODWARD ANTHONY P. PIRES, JR. BoamCerti&ed:City,CCJI.'nt)S ,"",L=l~ J- CHRJ5TOPHER LoMBARDO STEVEN V. BLOUNT CARRIE E.IAOEMAN CAR1.O F. ZAMPOGN..... JENNIFER L DEVRIES JENNIFER M. TENNEY - L REI'LY TO: 3200TAMIAMI TRAILN. SUITE 200 NAPLES, fL34103 139-649~6555 239-649-7342 FAX o 606 BALD fAG LE DRIVE SUITE 500 ~O. Box ONE MARCO ISLAND, FL34146 239-394-5161 239-642-6402 FAX - IW.WPl-lEGALCOM l ~ Agenda Item No. 10D March 9, 2010 Page 11 of 57 WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW February 25, 2010 Steve Carnell, C.P.M. Purchasing Director, Collier County 3301 E. Tamiami Trail Building G Naples, Florida 34112-3969 '.:.{ EC E IVEQ Hand Deliver'{ ~EB I. 5 2010 ""::Jr""~'''tr:' ~ W ".".,~,"".,Or;;n~~~ U Re: Formal Written Protest of Mitchell & Stark Construction Co., Inc., With Regards To A Recommended Contract Award: NCRWTP Degasifier and Odor Control Expansion, Collier County Bid #10-5423, also described as Bid 10-5423 "NCWTP Finished Water Quality and Odor Control Compliance Project". ["Formal Written Protest"] Dear Mr. Carnell: This law firm represents Mitchell & Stark Construction Co., Inc., (Mitchell & Stark) concerning its Formal Written Protest relating to the recommended award of Collier County Bid #10-5423 to Cardinal Contractors, Inc. . Attached please find for filing an original and one (1) copy of the timely filed Mitchell & Stark Formal Written Protest With Regards To A Recommended Contract Award NCRWTP Degasifier and Odor Control Expansion, Collier County Bid #10-5423, also described as Bid #10-5423 "NCWTP Finished Water Quality and Odor Control Compliance Project'. Please provide written acknowledgement that this Formal Written Protest has been timely filed and received by the Purchasing Director of Collier County. We would respectfully request that this law firm and Mitchell & Stark be provided, in writing, advance notice of the date and time of any meeting, gathering, or hearing set, convened, scheduled or established to consider this timely filed Formal Written Protest, with such written notice being provided to both parties not less than two (2) business days in advance of said meeting, gathering or hearing. _._~. M" ",,-_,.,~,.,._, . . . Agenda Item NO.1 OD March 9, 2010 Page 12 of 57 In addition, as outlined within the Formal Written Protest, as not all of the documents and materials requested from Collier County have been provided pursuant to a public records request, Mitchell & Stark reserves the right to amend and supplement the Formal Written Protest once additional materials are provided. . Should you have any further questions please do not hesitate to contact me. Mitchell & Stark Construction Co., Inc. "'~"'~ By: ?-s. Brian Penner, CEO , Jr. , APP/lg Enclosure(s) . -- l (- r , Agenda Item NO.1 OD March 9, 2010 Page 13 of 57 FORMAL WRITTEN PROTEST OF MITCHELL & STARK CONSTRUCTION CO., INC. WITH REGARDS TO A RECOMMENDED CONTRACT AWARD DATE: February 25, 2010 1. NAME AND ADDRESS OF COUNTY AGENCY AFFECTED AND THE BID NUMBER AND TITLE: Administrative Services Divisions, Purchasing and General Services 3301 E. Tamiami Trail, Building G, Naples, Florida and Public Utilities Division, 3301 E. Tamiami Trail, Naples, Florida 34112 NCRWfP Degasifier and Odor Control Expansion, Collier County Bid #10- 5423 also described as Bid 10-5423 "NCWfP Finished Water Quality and Odor Control Compliance Project". 2. NAME AND ADDRESS OF PROTESTING PARTY: Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, Florida 34109 3. STATEMENT OF DISPUTED ISSUES OF MATERIAL FACTS. Mitchell & Stark Construction Co. Inc., [hereinafter "M&S"]: A. Disputes and contests that Cardinal Contractors, Inc., [hereinafter "Cardinal"] qualifies as a "Local Business" as defined within Section XI of the Collier County Purchasing Policy. The preference to Local Businesses in Collier County contracts is also at times referred to by Collier County as the Local Vendor Preference (L VP) policy. B. Disputes and contests that Cardinal possesses a valid Collier County occupational license (or business tax receipt ["BTR"] as it is now called). - 1 - ".._---~ --,..~ Agenda Item NO.1 OD March 9, 2010 Page 14 of 57 . C. Disputes and contests that Cardinal possessed any Collier County occupational license or BTR for the years 2005 to the present (i.e. a total of 5 years). D. Disputes and contests that Cardinal has a physical business address within the limits of Collier County. E. Disputes and contests that Cardinal has contributed to the economic development and well-being of Collier County in a verifiable and measurable way. F. Disputes and contests the recommendation of the County Staff, as outlined in the Executive Summary referenced herein, to award Bid 10- 5423 "NCWTP Finished Water Quality and Odor control Compliance", to Cardinal. G. Disputes and contests Collier County not accepting M&S's match pursuant to Collier County's Purchasing Policy of the overall low bid made by a non-local business. . 4. CONCISE STATEMENT OF THE ULTIMATE FACTS ALLEGED AND OF ANY RELEVANT RULES, REGULATIONS, STATUTES, AND CONSTITUTIONAL PROVISIONS ENTITLING THE PROTESTING PARTY TO RELIEF. On December 30,2009, Collier County Bid #10-5423 was advertised, (see Exhibit "A", Bid Packet). On February 5,2010, eight (8) sealed bids for the construction of the project were received and opened. As outlined in the Executive Summary for the February 23,2010 County Commission Agenda (see Exhibit "B") the eight bids are summarized as follows: . BIDDER Cardinal Contractors, Inc. Mitchell and Stark Construction Co., Inc. TCL Diversified John Reynolds and Sons John J. Kirklin BID $2,904,563.00 $3,116,416.00 $3,308,350.00 $3,347,332.00 $3,350,432.00 " - 2 - - n........"'........'''._,, "..... . Agenda Item No. 10D March 9. 2010 Page 15 of 57 ,- Douglas N. Higgins, Inc. Westra Construction AH Salace Construction Group $3,365,872.00 $4,016.332.00 $4,054,000.00 ~ M&S is the lowest Local Business bidder. The bid of M&S is attached hereto as Exhibit "C" and that of Cardinal as Exhibit "0". Collier County has adopted a Purchasing Policy (see Exhibit "E"). The Purchasing Policy provides in Section VI that award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder, except where otherwise provided for in this policy or unless an exception is granted by the Board (see p. 4 of "Exhibit "EO). Section XI of the Purchasing Policy has a "Procedure to Provide Preference to Local Businesses in County Contracts". (see pp. 11-13, of Exhibit "E") 1 (~ Applying the L VP policy and provisions of Section XI of the Purchasing Policy, Collier County extended to the Local Business M&S a right to match the overall low bid of $2,904,563.00 submitted by the non- local business Cardinal. On February 8, 2010 M&S, as a qualified and responsive Local Business, and as the lowest local bidder, provided its written offer to Collier County that fUlly matched the price offered by Cardinal, Le. M&S fully matched the lowest bid from the lowest non-local bidder Cardinal.(the "Match", see Exhibit "F") After M&S agreed to match the overall low bid of $2,904,563.00, Collier County staff contacted Cardinal. Thereafter, according to the Executive Summary, County staff, unknown to M&S, subsequently met r 1 This "Local Business Preference" is at times also referred to by Collier County as "Local Vendor Preference" and will be referred to as L VP or L VP policy throughout. - 3- . --"'-.'__ M'- ,_. _____._"___ -'~'-'~''',---,~" ., ____M_~_ . . Agenda Item NO.1 OD March 9, 2010 Page 16 of 57 . with Cardinal2 and Cardinal has apparently asserted to County staff that Cardinal has been the prime contractor on a wastewater plant expansion project for the City of Marco Island and had an office trailer on the construction site for nearly two years. According to the Executive Summary, Cardinal apparently also asserted to County staff that Cardinal anticipated remaining on site for at least another full year. County staff also stated that Cardinal provided evidence of holding Collier County occupational licenses in the past (but asserted that they were told by the Collier County Tax Collector's Office in recent years that they no longer needed an occupational license in Collier County due to changes in state law). The Collier County Tax Collector's website clearly states that: "Any business operating anywhere in Collier County (even inside city limits of Naples, Marco Island, Everglades City) must have a county business tax receipt." (see Exhibit "G") . On February 17, 2010, nine (9) days after M&S agreed to match the overall low bid of $2,904,563.00, M&S was contacted by Steve Carnell, the Purchasing Director for Collier County. In that conversation, Mr. Carnell advised Mr. Brian Penner, CEO of M&S, that Cardinal told County staff that Cardinal had a Collier County occupationallicense3 three years ago but has not had one the last two years asserting that the Tax Collector told Cardinal they did not need one. As outlined below, an online search of the Collier County Tax Collector's data as to occupational licenses or Local Business Tax Receipt reflects that Cardinal did not hold or possess any occupational license or Local Business Tax Receipt in Collier County between 2005 and today, In order for someone to obtain a . 2 Believed to have occurred on February 11, 2010. 3 By virtue of legislative changes effective January 1, 2007, "occupational license" was amended to read "Local Business Tax Receipt". Section 205,022, FS. See Exhibit "H". Throughout this protest the terms "occupational license" and "Local Business Tax Receipt" may be used interchangeably. This change in terminology did not change the obligation to pay the "Local business tax" and obtain the Local Business Tax Receipt. - 4- . . Agenda Item No. 10D March 9, 2010 Page 17 of 57 .- Collier County Local Business Tax Receipt, they must pay a "Local business tax.. On February 18, 2010, Mr. Carnell told Mr. Penner that County staff was now changing its position and recommendation and recommending that non-local bidder Cardinal be awarded the bid and the contract. On February 18, 2010, M&S timely filed its written Notice of Intent to Protest with the Collier County Purchasing Director. (se Exhibit "I") This Formal Written Protest by M&S has been timely fried with the Purchasing Director in conformance with the County's Purchasing Policy relating to protest of bid or proposed award. 4 CARDINAL IS NOT A "LOCAL BUSINESS" r "Local Business" is defined in Section XI(1) ofthe Purchasing Policy. That section and the L VP policy are very clear and unequivocal and state that the Local Business vendor must possess a Collier County "occupational license" at least one year prior to bid submission and a physical business address located within Collier County from which the vendor operates or performs business. In addition, the LVP Policy states that.... ,a vendor shall not be considered a 'local business' unless it contributes to the economic development and well-being of Collier County in a verifiabl.e and measureable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County.... r · It is labeled as Section XIX in the complete Purchasing Policy document online, but labeled as Section XVIII in a "stand alone" online document. There are minor differences in content, not pertinent here. - 5 - -'-'""-""- ...,..- ".,,~-~., , Agenda Item No. 10D March 9, 2010 Page 18 of 57 . Section XI (2)(a), of the Purchasing Policy, at page 12, provides the following mandatory language: If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. (emphasis added) A search as recently as February 23, 2010 of the Collier County Tax Collector's website reveals that Cardinal does not currently hold or possess a Collier County occupational license. . Further, as evidenced by a search of the Collier County Tax Collector's website using the search term "Cardinal", Cardinal has not held or possessed a Collier County occupational license between the years 2005 and today (see composite Exhibit "J"). Based upon such evidence, since at least 2005, Cardinal has not paid the local Collier County business tax and has not held or possessed a Collier County occupational license or Collier County Business Tax Receipt. In its bid, Cardinal did not list any physical address in Collier County. The corporate headquarters and main business address of Cardinal is in Sarasota County. The "Place of Business" of Cardinal is in Sarasota County ( see Cardinal bid, first page). The listed major Subcontractor of Cardinal is from Dundee, Florida, in Polk County (see page GC-P-4 of Cardinal bid). . A search of the Collier County Tax Collector's website for "Cardinal Contractors" and "Cardinal Contractors, Inc." relating to tangible personal property taxes imposed on fixtures, furniture, equipment and supplies in Collier County from the year 2003 to the current year yielded no results, reflecting that Cardinal has not paid any tangible personal property taxes on fixtures, furniture, equipment and supplies in Collier County from 2003 to the current year. ~', -6- . - ~ (- r ..,..._,,-_. , Agenda Item NO.1 OD March 9, 2010 Page 19 of 57 As Cardinal has not paid any Collier County Business Tax since at least 2005; and, as there is no evidence it has generated any real estate taxes in Collier County; and, as Cardinal has not.paid any tangible personal property taxes in Collier County from at least 2003 to the present, Cardinal has not contributed to the economic development and well-being of Collier County in a verifiable and measurable way. Cardinal does not support, and has provided no increase to, the County's tax base. Cardinal is not a "Local Business" under the Collier County Purchasing Policy. M&S IS A "LOCAL BUSINESS" M&S currently hold and possesses multiple (i.e. 8) Collier County occupational licenses and has held no less than seven (7) Collier County occupational licenses or Collier County Business Tax Receipts from 2005 to the present. (see composite Exhibit "K") In addition to the fact that M&S has sixty (60) employees living in Collier County, in its bid M&S clearly listed its physical address in Collier County, i.e. 6001 Shirley Street The corporate headquarters and main business address of M&S is in Collier County. The "Place of Business. of M&S is in Collier County ( see M&S bid, first page) Each of the eight (8) M&S Collier County Business Tax Receipts provide a physical address in Collier County, Florida, at 6001 Shirley Street. The property and improvements at 6001 Shirley Street, the corporate headquarters of M&S, consists of an approximately 1,36 acre parcel, with a two story, 10,900 square foot building (see Exhibit "L'). This property and its improvements have generated over $95,000,00 in real - 7- ---.."....-.. ;....,... -',_.--.- ..._-.-,_._....- . . . . . Agenda Item No, 100 March 9. 2010 Page 20 of 57 estate taxes and assessments in Collier County since 2004 (see Exhibit 11M") A search of the Collier County Tax Collector's website for "Mitchell & Stark" relating to tangible personal property taxes imposed on fixtures, furniture, equipment and supplies in Collier County from the year 2003 to the current year reflects that M&S has paid $959,750.93 in tangible personal property taxes imposed on fixtures, furniture, equipment and supplies in Collier County since 2003. (see Exhibit "N") M&S is a "Local Business" under the Collier County Purchasing Policy. M&S is the lowest local bidder on this project. M&S submitted an offer that fully matched the lowest bid from the lowest non-local bidder, Cardinal. ONCE M&S MATCHED THE OVERALL LOW BID COLLIER COUNTY MUST AWARD THE BID AND CONTRACT TO M&S AND COLLIER COUNTY'S DETERMINATION THAT CARDINAL IS A "LOCAL BUSINESS" WAS ARBITRARY AND CAPRICIOUS AND ANABUSE OF DISCRETION It is clear that a local government must adhere to a defined procurement process in making contract awards. The failure of an agency to follow its own bid specifications and procedures is an arbitrary and capricious act. see Coin Laundry Equip. Co. v. Univ. of West Fl., 1996 WL 1060244 (1996) While a public authority generally has wide discretion in the award of public work contracts the discretion cannot be arbitrary or capricious. City of Miami Beach v. Klinger, 179 So.2d 864. The award of a contract in a procurement is invalid if it is arbitrary or capricious. see Liberty County v. Baxter's Asphalt & Concrete, Inc. 421 So.2d.505 (Fla.1982); City of - 8 - . .._. , . I... r r . Agenda Item No.1 OD March 9. 2010 Page 21 of 57 Sweetwater v. Solo Construction Corporation, 823 So.2d 798 (Fla.3rd DCA 2002). Where discretion is vested in a public agency with respect to letting public contracts on a competitive basis, the discretion must be exercised based upon clearly defined criteria and may not be exercised arbitrarily or capriciously. See City of Sweetwater, supra The discretion must be based upon facts reasonably tending to support the conclusions of the agency. See Culpepper v. Moore, Fla. 40 So.2d.366; Willis v. Hathaway, 95 Fla. 608, 117 So.89. The discretion exercised by County staff in this case did not rest upon material facts reasonably tending to support the conclusions reached. Collier County's determination that Cardinal qualifies as a "Local Business" under the Purchasing Policy is not supported by the evidence, constitutes an abuse of discretion and is arbitrary and capricious. Collier County's recommended award to Cardinal, which is not a "Local Business", after M&S, an entity that unequivocally qualifies as a "Local Business" under the Purchasing Policy, matched the lowest non- local bidder's bid, violated the Purchasing Policy, constituted an abuse of discretion and was arbitrary and capricious. There are no material facts supporting the determination by Collier County staff that Cardinal qualifies as a "Local Business". - 9 - - -...___.. ,n . "._......,- - _......_.~-_._-_. . . . . . Agenda Item No. 10D March 9. 2010 Page 22 of 57 5. DEMAND FOR RELIEF. Based upon all of the forgoing, M&S respectfully requests and demands that: A. Cardinal be deemed not to be a "Local Business" as defined in Section XI of the Collier County Purchasing Policy and thus Cardinal be , deemed not entitled to the benefits and privileges of the LVP policy. B. The recommendation of the County Staff, as outlined in the Executive Summary, to award Bid 10-5423 "NCWTP Finished Water Quality and Odor control Compliance", to Cardinal, be reversed and rescinded. C. Collier County staff recommend to the Board of County Commissioners that M&S be awarded Bid 10-5423 "NCWTP Finished Water Quality and Odor control Compliance" in the amount of $2,904, 563.00. D. The Board of County Commissioners award Bid 10-5423 "NCWTP Finished Water Quality and Odor control Compliance" to M&S in the amount of $2,904, 563.00, and enter into a contract with M&S for said project. 6. OTHER INFORMATION DEEMED TO BE MATERIAL TO THE ISSUE As of the date of the filing of this Protest, M&S has not yet been provided all of the public records that it has requested from Collier County relating to Bid 10-5423. (see Exhibit "0") M&S reserves the right to amend and supplement its filing and this Formal Written Protest upon the receipt of additional materials provided by Collier County pursuant to public records requests. - 10- . - ~ - ( c . . Agenda Item NO.1 OD March 9, 2010 Page 23 of 57 Respectfully submitted to the Purchasing Director of Collier County on this date of February 25, 2010. MITCHELL & STARK CONSTRUCTION CO., INC. 6001 Shirley Street Naples, Florida 34109 (239) 597-2165 (239) 566-7865 fax /"" ...-; e ,'</ BY: ,/7' ~ ( - BRIAN PENNER, CI;:O 'J DATED: ':2..-/:)..<, _/6 WOODWARD, PIRES & LOMBARDO, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax ATTOR LL & STARK CONSTRUCTION CO., INC. -/tI1O/0 - 11 - ,,,-- -~"----------_.._.- ------_.~~..__._.- - Agenda Item NO.1 00 March 9, 2010 Page 24 of 57 " ..-41 MTirIIslicllMt Services 0ivisi0Il Purc:hasirv March 2, 2010 Mr. Anthony P. Pires, Jr. 3200 Tamiami Trail N Naples FI. 34103 Re: Protest decision, ITB 105423, NCRWTP Degassifier and Odor Control expansion Dear Mr. Pires: I am writing this to you in response to the protest of the referenced award recommendation filed by your office on February 25, 2010 on behalf of Mitchell & Stark Construction Co, Inc., (hereinafter referred to as "MSC"). I have reviewed the protest filed on behalf of your client and have determined that your primary argument is that Cardinal Contractors Inc., (hereinafter referred to as "CCI") the firm recommended for award does not qualify as a local firm under the requirements of Section XI.(1) of the County's purchasing. policy. The following is a summary of the points that have been raised in your protest and findings regarding each. 1. CCI does not presently possess a valid Collier County occupational license and did not possess a valid Collier County occupational license as recently as 2005. The bid offer received from CCI included a completed "AFFIDA VIT FOR CLAIMING STA TUS AS A LOCAL BUSINESS. (hereinafter referred to as The L VP Affidavit") as . required under the proposal section of the ITB and pursuant to the requirements of Section XI.2 (a) of the purchasing policy. Subsequent to the bid opening, CCI contacted the Purchasing Department to re-assert their claim from their bid offer that their firm qualifies for local vendor preference. As a result, a meeting between CCI and County staff was conducted on Thursday, February 11/11. In that meeting, CCI displayed · evidence of previously held occupational licenses (or "Business Tax Receipts' as they are presently known) from 1991, 1993 and 1994. This statement is consistent with their contention in their L VP affidavit that their business was established within Collier County in 1991. In the meeting of February 11th, CCI also stated that they had sought to renew their Collier County occupational license as recently as 2005, but were advised at that time by the Collier County Tax Collector's Office that they were no longer required to obtain an occupational license in order to conduct business in Collier County. . 2. CCI does not have a physical business address in Collier County. Under the definition of "local business" within Section XI (1) of the purchasing policy, a vendor is required to have "a physical business address located within the limits' of Collier County from which the vendor operating or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose establishing said physical address". The definition of "local business" includes no other information pertaining to the requirement for "a physical business address". . ~eo,..l,~.' 3301 Tamiarni T... East. NaPas. F_ 34112. .......c:cI;".gov.natlpun:hasing "'. .,_,'"" _ '..,w_.',. ,..~"'''',..,,,. ,,'~,"""'_" Agenda Item No. 10D March 9. 2010 Page 25 of 57 -- In their L VP affidavit, CCI listed their main address (2201 Cantu Court, Suite 202, Sarasota FI, 34232). In the February 11/1r meeting with County staff, CCI subsequently advised of their ongoing engagement under a wastewater expansion project for the City of Marco Island. CCI indicated that they had been mobilized and working on site (IOGated at 771 E Elkcam Circle, Marco Island Fl. 34145) since May, 2008. According to staff from the City of Marco Island, the project is scheduled in three phases. CCI is presently working on the third phase of the project, which is scheduled to be completed in September. 2010. 3. CCI has not contributed to the economic development and well being of Collier County in a verifiable and measureable way. Under the aforementioned definition of a "Local Business', a vendor "shall not be considered a "IOGal business' unless it contribute,S to the eConomic development of and welt-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. " The policy on this point is broad and is not restricted to anyone specific criterion. Further. there is no requirement to satisfy all of the listed criteria. - In its L VP affidavit, CCI stated that it presently employs 20 Collier County residents. In the meeting of February 11th, CCI fumished an itemized list of employees that included the names of those residing in Collier County. 4. County has not accepted MSC's subsequent matching offer to perform the work under the provisions of Section XI. (2).a of the County's purchasing policy. As of this writing, Collier County has neither formally rejected nor accepted MSC's matching offer as neither occurs until such time as the Board of County Commissioners awards the contract. In its L VP affidavit submitted with its affidavit, CCllisteel its Sarasota address which at the time of the bid opening, prompted Purchasing · Department staff to assume that CCI does not have a business address in Collier County pursuant to the aforementioned definition set forth in both the Purchasing Policy and the Invitation to Bid. Based on this assumption and in an effort to move quickly to prepare this item for award, staff determined that.the offer from MSC, the second lowest bidder was within 10 percent of the bid from CCI and offered MSC the right to match. Within the same business day of receiving the offer. MSC accepted the offer and lowered its tendered price to equal the bid of the lowest overall bidder. ~'. On the next business day, staff received an e-mail from CCI re-asserting their claim as codffied in their L VP affidavit that they were in fact a "local business' as defined under Section XI (2). a of the Purchasing Policy. The facts regarding this bid award are strikingly similar to those pertaining to the award of ITS 08-5106 in September 2008. In that instance, Astaldi Construction Corporation was the apparent low bidder. As with CCI, Astaldi did not have a current occupational license, despite previous efforts to obtain one through the Tax Collector's Office; Like CCI, Astaldi did not have a conventional local physical address identified in their bid offer, and, as with CCI, Astaldi had a construction office on a job site within Collier County and had been there . - -- ~-'- --,- " _~'M"_'_ ..~~ --,...., Agenda Item No, 10D March 9. 2010 Page 26 of 57 . for several months prior to bidding the new contract. Uke CCI, Astaldi employed several Collier County residents. Staff brought the Astaldisituation to the Board on September 9, 2008, and after reviewing the facts in that situation, the Board deemed Astaldi Construction Corporation to be "local" under the L VP policy and subsequently awarded Astaldi the pending contract. Based on that action and the similarity of the facts between the two incidents, staff is recommending that the offer from MSC to match CCl's bid offer be declined and that the Board award ITB 10-542310 CCI, in the amount of $2,904,563.00. . Therefore, it is the decision of this office to reject the protest filed on behalf of MSC and proceed with award to CCI as recommended by County staff., Under Section XVII1.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 Thursday March 4,2010. Sincerely, oI'htk, a"-7~,;ffi, Steve Carnell / "" "1 Purchasing/General Services Director . " ::j ., . ._. Agenda Item No. 10D March 9, 2010 Page 27 of 57 September 9- 10, 2008 been begging them to work with him. And would you please let them know that I'm getting a little impatient. It's only been about six months, seven months. MS. MULLEN: Which one was that, what-- COMMISSIONER FIALA: No camping ordinance. MS. MULLEN: Oh, no camping. Thank you. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor, signify by . saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. -- CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Thank you, Tina. Good to see you. MS. MULLEN: Thank you. CHAIRMAN HENNING: Sue, what -- how many speakers you got? MS. FILSON: For IOC I have one speaker, for IOD I have two speakers, for 10E I have one speaker, for 10H I have one speaker. MR. MUDD: And anything for 10K or 1 OL? MS. FILSON: No, sir. CHAIRMAN HENNING: Okay. Item # IOC - BOARD DECISION ON LOCAL PREFERENCE FOR BID NO. 08- 5106 - "SANTA BARBARA BOULEVARD EXTENSION Page 199 '.-"- - ..---_.- __H"__ _""'__" .. '___,_,~'_,""__M_ Agenda Item No. 10D March 9. 2010 Page 28 of 57 September 9-10, 2008 (RATTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD)", PROJECT NO. 60091 - MOTION TO ACCEPT AST ALDI CONSTRUCTION AS A LOCAL BUSINESS - APPROVED MR. MUDD: Okay. Commissioner, that brings us to 10C. It's requesting board's decision on local preference for bid number 08-5106, the Santa Barbara Boulevard extension, which is Rattlesnake Hammock Road to Davis Boulevard, project number 60091. Mr. Steve Carnell and Jay Ahmad will present. MR. CARNELL: Good afternoon, Mr. Chairman, members of the board. Steve Carnell, Purchasing Director. This is a two-phase project that includes the extension of Santa Barbara Boulevard for two miles approximately from Davis Boulevard to Rattlesnake Hammock and the construction of LA SIP canal along that same right-of-way. Bids were opened on August the 18th. We received eight bids. All were well under the engineer's estimate. The apparent low bid came from Astaldi Construction Corporation. Several weeks prior to tendering their bid and to the public bid opening, Astaldi Construction has contacted my office and requested up front consideration and eligibility to be considered a local vendor under your local vendor preference policy. Staff reviewed this request, meaning my office and the Office of the County Attorney, and it's our position at this point in time that Astaldi does not satisfy all of the requirements in terms of how the policy strictly reads, and we advised Astaldi ofthat shortly before the bids opened and encouraged them to bid nonetheless, which they did, and they were, in fact, the low bidder with a bid of just over $18 million. They briefly -- if you'll remember your local vendor policy adopted in June, there's three criteria essentially that comes down in order to be eligible. You need to have an -- have held an optional Page 200 --- _.~ - --.-.,,- Agenda Item No. 10D March 9, 2010 Page 29 of 57 September 9- 10, 2008 license in Collier County for a full year prior to bidding, you need to have a local physical address, and your business needs to be contributing to the local economy in a verifiable and measurable way. We received information from Astaldi as part of their request prior to the bid award or, I'm sorry, bid opening supporting their contention that they met these requirements, and they did, in fact, identify a local address that they conduct business out of and have been for about the last 21 months. They also gave a rather detailed explanation which we provided to you in backup yesterday with regard to their contribution to the Collier County economy which includes the fact that they have 65 employees on their payroll who reside in Collier County, and they also have a number of subcontractors they use on different projects who are local as well. The issue, again, at this point is that I think you can make an argument they have a local address and you can make a very strong argument that they impact the local economy, but they -- at this point in time they did not hold -- they have not held an occupational license for a full year. They recently obtained an occupational license. From what Mr. Morgan from Astaldi told me -- and I'm going to -- he's a registered speaker -- give him a chance to tell you his story directly in just a moment, but he said that his company sought to get an occupational license two years ago and was told at the time that they did not need one to conduct business in Collier County from their location that they were in, which was Immokalee Road trailer for the Immokalee Road job that they've been building, the design-build segment ofImmokalee Road that they've been constructing for us. So the -- I wasn't able to confirm that that's actually what they were told two years ago, but Mr. Morgan did provide documentation that he did register his general contractor's license in Collier County two years ago, and there's actually documentation to that effect, and that's the point in time where we inquired about the occupational license. - - Page 201 -,~..- .---- ~,_.,-- - -,,---~. ".--~,--_.- Agenda Item No. 10D March 9, 2010 Page 30 of 57 September 9-10,2008 Again, I wasn't able to confirm what happened literally two years ago, but when I called the Tax Collector's Office who issues occupational licenses, they said the same thing to me. They said, if you have a temporary address, then you would not be required to have an occupational license. And it's really a difference in paradigm. The folks in the Tax Collector's office -- and we've given out legal opinion from the county attorney previously on another matter where the paradigm's difference is, we're looking at it from the enforcement side as you're not required to have one, we're not going to force you to get one, we're not going to cite you, there are not going to be sanctions if you don't have one. But in Mr. Morgan's case, he was attempting to get one and was told he didn't need it. And, of course, at that point in time we had no local preference ordinance, nothing that, from a competitive procurement contracting side, would insight him or incent him to get an occupational license. So that's our situation in a nutshell. I would encourage you to hear from Mr. Morgan briefly, and then I can give you just some final thoughts about how you might want to proceed. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. You know, the intent that we are up against here, our intent was to provide jobs for local people, and that's exactly what we're doing here. Now, has he met the full requirements to be able to say, yeah, he did steps one through five? No. He missed one by slightly, you know, as far as registering at the right time, one year ahead oftime. But the truth of the matter is, he employs more people of Collier County than the competitor does. , I'm at a loss as to why we just don't declare him a local vendor and get on with it. The local economy would be better off if he continues the way he is rather than bring a firm out of Fort Myers that has a number of their employees coming from the Lee County area. That's my own personal preference. Page 202 -_.0_- . - ,- .- "---.-- Agenda Item No. 10D March 9, 2010 Page 31 of 57 September 9-10, 2008 CHAIRMAN HENNING: You're saying he meets the intent? COMMISSIONER COLETTA: He meets the intent, correct, Commissioner Henning. CHAIRMAN HENNING: Public speakers, please. MS. FILSON: One public speaker, Jack Morgan. MR. MORGAN: Good afternoon, Commissioner. Jack Morgan, Astaldi Construction, resident of Collier County. You've heard it. Steve's done a very good job of telling you exactly what had happened. I can elaborate a little bit more on this occupational license, as my engineers actually went down two years ago, and that's the story you heard from Steve that they said you don't need one, it doesn't benefit you, it's just a tax license. And so when I heard that from my engineer, I actually called down there and I said, I would like an occupational license, and they gave me the exact same story that, Mr. Morgan, you don't need one. You are registered -- just register your general contractor's license with the county and everything would be fine. As you know, when we first signed a contract here in Collier County, we had possibly four residents of Collier County that worked for us at the time. I'm proud to say at this time we have 65 employees that reside in Collier County; fifteen actually own property here. So we are very much contributing to the tax base. And also I'd like to say that we believe in working with the communities that we actually are working in. We've done 320 man-hours for Habitat for Humanity, we've actually -- we're a corporate sponsor at Sun Fest. .We helped with the MOT in parking at Sun Fest. We contributed out there at the Wild West one, you know, the county fairgrounds, and I actually won a trophy out there for chili. But -- so please consider us a local contractor. I would hate to disband the crews that we have put together here in Collier County at this point, and that is 65 personnel that live here in Collier County. Page 203 .,.,... ....u__ _.--._.--.- .". -.- .-.. ---.-- ..---~_." , _"_ _~__.,~O>__."".....,.._. _ m~~""<<,.._>'...__~___. _" Agenda Item No. 10D March 9. 2010 Page 32 of 57 September 9-10, 2008 CHAIRMAN HENNING: Is there a motion? COMMISSIONER COLETTA: Motion to approve Astaldi as a local contractor. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to recognize Astaldi as a local vendor, local-- MR. CARNELL: Could I ask you to just reconsider the wording of the motion briefly? Talking to the Office of the County Attorney, we don't believe that Astaldi meets the definition of local the way your definition reads now. Now, whether or not he meets the intent of your policy is another matter. I think you can make a very reasonable argument there that that's the case. What we would suggest is a matter of process -- and, Mr. Klatzkow, you qualify this if you feel any need to -- is we would suggest that you waive the strict application of the local vendor preference policy and that you authorize us to proceed with award to Astaldi based on the fact that you believe they meet the intent. COMMISSIONER COLETTA: Okay. Now we're talking about not just this time but future contracts that corne up, too? MR. CARNELL: Yeah. We would -- yeah, we may need to look at amending the policy in some way to give you some more latitude. Right now your only area of state of discretion in the policy is waive it if somebody c;ioesn't meet it. COMMISSIONER COLETTA: Mr. Klatzkow, would you help with the wording? What would be the correct wording? MR. KLATZKOW: I have no issue with the motion if you wish to consider Astaldi as a local company for purposes of the policy, or the other way to do it is simply waive it as to Astaldi. Either way works for me. COMMISSIONER COLETTA: I prefer to keep it the original way where I recognize them as a local -- MR. CARNELL: That's fine. Page 204 ---- Agenda Item No, 10D March 9, 2010 Page 33 of 57 -" September 9-] 0, 2008 .- COMMISSIONER COLETTA: -- vendor. CHAIRMAN HENNING: And award the contract to Astaldi for bid number 08-5106. COMMISSIONER COLETTA: That's correct. That's in my . motIon. MR. AHMAD: Mr. Chairman, my name is Jay Ahmad. You don't want to award the contract at this time. We're going to bring the contract to you next board meeting. At this stage we're just trying to clarifY the local versus nonlocal. CHAIRMAN HENNING: Okay. So your motion is to accept Astaldi as a local -- local business? COMMISSIONER COLETTA: That wording works fine, sir. CHAIRMAN HENNING: And a second by Commissioner Fiala. COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signifY by . saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Commissioner, next item is 10E. It's a recommendation to approve a -- CHAIRMAN HENNING: Commissioner Halas wants to say something. COMMISSIONER HALAS: Yeah. I just want to -- as I read through this and I look at the savings to the taxpayer, I'm starting to - Page 205 ___u --...._-- -',..- " _.._.,,~- '------ Agenda Item No. 10D March 9, 2010 Page 34 of 57 September 9-10, 2008 wonder if we were too confining in regards to local businesses. I understand that we're trying to make sure that we have employment opportunities for our local businesses. But my concern is, I don't want to see us get into a situation where we were a couple of years ago when we were helter skeIter looking for people to help build roads. We only had two road builders, and then we were held hostage as far as accomplishing the task before us. So it's just a point of discussion. I'm concerned about how confining we've made this ordinance, and -- CHAIRMAN HENNING: Maybe I can address that. What your concerns are, are concerns, but actual reality is, if we didn't recognize Astaldi as local vendor, the next one -- COMMISSIONER HALAS: Yep. CHAIRMAN HENNING: -- who has never bidded on a road project who is local, they have a local address, local occupational license, would have to match Astaldi's bid. So in this case, what has actually happened is it spurred more competition and it wouldn't have cost the taxpayers any money. Commissioner Coyle? COMMISSIONER COYLE: Yeah, that is -- I presume that is true for this situation, but the long-term effect ofthis is going to be a reduction in competition and a higher cost to taxpayers. This policy is going to get us in trouble. It's not going to do it this time. It won't do it next time, but cumulatively it is going to get us in trouble. And that's the reason I didn't vote for it the first time around, but I know that this is not the time to debate that. The only thing we can do is when we do notice that the costs are going up and the bidders are going down, we're going to have to change it. CHAIRMAN HENNING: Right. COMMISSIONER COYLE: And the reason for that is that this is a bad policy, but nevertheless. Page 206 . .... ..---- . ...- Agenda Item No. 10D March 9, 2010 Page 35 of 57 - September 9-10, 2008 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Question was simple, Mr. Morgan. Did you say you have a home here? MR. MORGAN: Yes, ma'am. COMMISSIONER FIALA: Okay. That was great. MR. MORGAN: I live on Marco Island. I'm here. COMMISSIONER FIALA: Y ou're local. CHAIRMAN HENNING: Next item. COMMISSIONER FIALA: Oh, you're my commissioner? MR. MORGAN: Yes, I am. Well, commissioner -- constituent. COMMISSIONER FIALA: Oh, yeah. I'm the commissioner. I think I better go home. Item #IOD -, A PLAN FOR IMMEDIATE AND LONG TERM PURCHASES OF SYSTEMS FURNITURE FOR VARIOUS COUNTY FACILITIES - APPROVED _..~ MR. MUDD: Mr. Chairman, Commissioners, the next item is 10D. It's a recommendation to approve a plan for immediate long-term purchases of systems furniture -- of system furniture from various county facilities. Mr. Steve Carnell, your Purchasing Director, will present. MR. CARNELL: Mr. Chairman, members of the board, in May of this year, the Board of County Commissioners had asked your citizens Productivity Committee to examine questions regarding the purchases of systems furniture by the board agency, and we made a presentation to the Productivity Committee in June, and as a result of that presentation, the Productivity Committee represented -- I'm sorry -- prepared and submitted four general recommendations regarding how they felt we should proceed going forward. Page 207 -..........---- -- ..-- Agenda Item NO.1 OD March 9, 2010 A 1-" No. EXECUTIVE SUMMARY SEP L' ~ 20r .!g - -. ~m~ ./ .- .__......--c:""""._...._--.._. Requesting Board decision on local preference for Bid No. 08-5106 _ "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard)", Project No. 60091. OBJECTIVE: To receive Board direction as to how to proceed with the award of the referenced contract. , CONSIDERATIONS: The project was submitted for advertisement of bids on , July 15, 2008. A non-mandatory pre-bid meeting was held on July 31, 2008. The bid was split into two phases. Phase I is the construction of Santa Barbara Boulevard ExtensIon from Rattlesnake Hammock Road to Davis Boulevard. Phase II is the construction of the LASIP Santa Barbara Canal. Bids were opened on August 18, 2008 with Astaldi Construction Corporation submitting the low bid ($18,947,979.12) in accordance with the procedures as established. Eight companies submitted bids. The bids that were accepted include: Mitchell & Stark ($19,896,854.92), Palm Beach Grading ($19,995,500.85), APAC ($21,423,519.10), Better Roads ($21,489,071.12), Quality Enterprises ($22,782,749.67), Phillips & Jordan ($23,279,743.01), and Posen ($25,557,985.30).The Engineer's estimate for Phase I was $29,355,189.76, and. the Engineer's estimate for Phase II was $1,858,713.40, for a total of $31,213,903.16. The low bid was 40% under the engineer's estimate. Subsequently, Mitchell & Stark, the second low, submitted a local preference affidavit and are within 5% of the low bidder. Several companies (5) submitted the local preference affidavit, including the apparent tow bidder Astaldi Construction Corporation. In order to be eligible to receive local preference, a competing bidder must complete and submit a prescribed affidavit stating that they meet the definition of "Ioca'" under the Board's preference policy. That policy requires all three of the following: 1. The vendor must have held a Collier County occupational license for at least one year. 2. The vendor must have a local physical address that is not a post office box. 3. The vendor must provide a verifiable and measurable Impact on the Collier County economy. Prior to tendering their bid offer, Astaldi submitted information to the Purchasing Department in support of their contention that they qualify for the local preference status. The Purchasing Department and the Office of the County Attomey reviewed the information and determined that Astaldi did not meet all of the referenced criteria as presently written in the policy. .. ".-~' Agenda Item NO.1 OD March 9, 2010 Page 37 of 57 AGe .~" '1'2i';~ . No. ""r: I ..j.,'~ . SEP ~':- 2r:~i'? The bid offer from the apparent second lowest bidder, Mitchell & Stark:, != ~ .. ~ ~ 10% of the lowest bidder (5.01 % higher than the apparent lowest bidder). ~.,...,,'.,. ."'''_-:':.. proceeding further with the award of this contract, Staff is requesting that the Board take one ofthe following actions: (1) Affinn that Astaldl does not meet the definition of 'local" as set out in the local preference policy and direct staff to offer the right to match option to the lowest 'local" bidder; or (2) Waive the Local Vendor Preference Policy for this award. In either case, staff will bring this contract back for award on a subsequent meeting agenda. FISCAL IMPACT: Funds are available In Gas Taxes and Impact Fees. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: The construction of Santa Barbara Boulevard Extension is identified on the AUIR (CIE No. 32) and is consistent with the Growth Management Plan. .- LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and does not present any legal issues. The Local Vendor Preference Policy authorizes the Board to waive this policy. - CMG - RECOMMENDATION: That the Board of County Commissioner direct staff as to how to proceed with the award of bid 08-5106 - 'Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard)", Project No. 60091. Prepared By: Steve Carnell, Purchasing and General Services Director . .--. - ,.~._. . -- "-.._.~- ,,--'~""""'-'-"'-' Agenda Item NO.1 OD March 9, 2010 Page 38 of 57 Patricia L. Morgan Cc: Subject: Attachments: brock_m [MaryBrock@colliergov.net] Monday, September 08,200810:26 AM Allen. Debbie; Patricia L. Morgan; Carnell, Steve; Barbelta Hutchinson; CarpenterKathy; Puig, Judy; BenkerAmysue; Pat Pochopin; lehnhard_p LenPrice; Brock, Mary , Additional back up material to tomorrow's agenda packet additional back up material.pdf From: Sent: To: Importance: High <<additional back up material. pdt>> Good morning, Please find additional back up material to the September g agenda. (your packets should have some back up material on these items already, this is additional material) I have scanned them in all as one document, but the item numbe[1; are on the lop right comer of each. Items include: Q Requesting Board decision on local preference for Bid No. 08-5106. 10F: Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, MD. 16A 1: Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal 16A2: Recommendation to approve the Release and Satisfaction ot Code Enforcement Liens 16A5: Recommendation to execute a Quit Claim Deed 16A7: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mustang Island 16A 10: Recommendation to grant final approval of the roadway (private) and drainage improvements tor the final plat of Quarry Phase 1A 16A 13: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock 16F2(A): Recommendation to award RFP No. 08-5022 (Annual Contract for Right-ot-Way) 16F3: Recommendation to approve a Joint Project Agreement between the State of Florida Department of Transportation If you have any questions, etc. please let me know. Thank you. MJ --..- -.--------."- Agenda Item No.1 OD March 9, 2010 Page 39 of 57 1 . '. ~r.C_ Memorandum To: The Soerd of County Commlulone,. From~oU~~ag("/ Dele: September e. 2008 Subj: Back up Information pertaining agenda Item 10.C Please find enclosed information In support of a n1quest from Astaldi ConBtructlon Corporation to be considered a local vendor under the Soard's local vendor preference policy. The encloaed include. the following documents: 1. EXHIBIT 1: A lelterfrom the contractordaled July 21'2008 reQuesting local vendor designation. 2. EXHIBIT 2: An e-mail from the contractor dated August e, 2008 providing documentation of their previous efforts to register with (and obtain an occupational license from) Collier County. 3. EXHIBIT 3: An e-mail reply to Astaldi', request ~om the Purchasing Director dated August 8, 2008 expressing the opinion of .tlff (purchasing Director and the Office of the County Attorney) that ABlaldl dollS ng,t qualify as 'local' under the local vendor preference policy 8lI written, - 4. EXHIBIT 4: A latter from Astaldi dated September 5, 2008 summarizinll their position In anticipation of the forthcoming discussion at tomorrow's Board meeting. Should you have any questions regarding thl. maller, plelse contact Stave Carnell or myself. EncIOlIUI'll8 Purchasing Oepertmant -"._-"_'_~ -- - - -.- ._-- - ~._--- _._~ ___~... _._0. .".' -'-"-- -. -.-=-.--.----..--.--..-, .., Agenda Item No, 100 March 9, 2010 Page-40 uf ::'7 .' , J AStaldi Construction Corporation h17'21,2OO1 ' ll....dalldllllll CoIIlorO'.... ' Pdt~.......~.b.- - '3301 ToIllUaIiTlollllal IlolIdlDa 0 NapIoo, PIorido341l2 ACC X-4'- No. cmo . lIE: ~._.-_la",II)"i8DIIlolIclPlojool eom.C.",'.0,,'1' "'No: 05-1770 eom. ('q'lifi Ptajac No: 66D45 ACe Job No.: 1W/06 &o.bjodl Door _do, .AJtI1di 0"- . ...:r:1CIII Carp-~__,lCll (ACe) wauld Hbt to be.......-~A.....~. LDcalDtwiutWthn in CoIlim-Caimty aidoft'fn t'm' JlIIlIIn . "''IIi""hono 111 CdJI<<o"."y. ACClipoollllllm C..,',,,, _ CoIIlor CcnmIY;" l_of2006.lIlldhu ~_ft....al56_ dollmo of_1br CoIIlor COlIllIy .....lIlepooltMI(2),..... To _lIle_..... ...!<....odACC ....""1I>_r...."IpI jOb olto1nll<n'd!alImpoCt-- _ paid 0Il._ ~ ...rl"",lIu.~1dc& wilballlllJba:LJJy1ltSUl:iD&-. "- w~ JjobdtatnlilalitwunotnqaireclolACI;toa--" Q ~'I....ll~ Jioe!"-hwe b1 CO&rO.......t71Il1hat_roqabat WII CcIr ACCUlSl oat. JI{~..doo. farm IDdlUbmitaSlO.OO .......... iii. AfX oaopIoya 7S peopIehono III CaDi" CoImll' ~ of.. " is..... pcq*lIoo in Com.COlIllIy. 5O-poy - ill Collior CO.......1lIlI . . ' 1bealbcrlOHtIIlDlLl_biLee.Cnmy. AfX_iIl-In~"'t!Io --nritieliD_...'O'lirk. WlIbill t!Ioput_yaJlIACe..d_~'_ ,,_.,lbaIed.....J20__1I>t!Ioiflllilll...-,._.....n..l>dJO_I>---ofMC)T _,I '1011>0_ '_......lIlld .. . .. ...d!be SWI' YOlllb WlIh lllo T.....~_1Dod I'r<ieti -'"&10' _ ACe.... "_00 oflI~ IJlI"O ()12S _ Blvd. 11722, NopIeo F\odd&) Ill4 will "'......... voIld occupotiOIlIl Jic--iIl 1110__ JIll AfX 1.>1-," 1o_1I>~ w..l """ _11> 1110 Jl"<<r-.,~".._.._.:tietofeom..~. AfX... Illbould b. CODJidcnd. LoooI 0 .,',,,,,,,,1IIn ill ColJlor ""nniy. Sho1.kf)'VII hPD Ill)' qaeMloDI or """",_m do DOt" ;,..h, to oA41aCt IIIIC. ZJ9-304-27Q. Boolllepdc. _eoe_ctioaee (L~ m L . CC; ,.,............}l....--._,...N!at,...., """".MlbJOnlat"Bdr- 1...~.~. ,A--.P -. Na'lDT .. . U20 w.tu.14 ,.JIlO bMI. ....". T'l" I ~)"INA."l'S4)CJ2.5'" '-- ---..-- - ------.- - ---. ,----.-- ..- -- .-- -.-.-- -....--. -... . - . ._-._--~---- ----.~- -----.-- Agenda Item No. 10D March 9. 2010 Page 41 of 57 . . ' 1) 11/1412007 In support of CoIller County Parks & Recreation. Astaldi CODStruction donated $2000.00 in sponsorship ofSnowfest 2007, at Golden Gate Community Park on December 1,2007. 2) 11/1711007 In support of Ha.!l!!!t for Humanin:, Forty Astaldi Construction field and office personnel joined to help eliminate poverty housing in Collier County, at Liberty Landing, Immokalee on Saturday. Two homes were roofed, interior hardware installed, and painted. 3) 1110111007 In support of Collier County Pub & R~reatio!. Twelve Astaldi Construction Maintenance of Traffic trained employees, donated their time to assist public plUting at Snowfest 2007. 4) 2/0112008 In support of the Southwest Florida ~YJIlIlbpny and Youth Orchestra. Astaldi Construction has funded the production of a public service announcement about the organization. We have distributed the PSA to local television stations, in hope that they will use this opportunity to educate our community about the importance of the music program and ways to contribute to the organization's progress. Southwest Florida Symphony also uses the video as tool for raising funds on their website. Astaldi Construction U.S.A. has chosen to spotlight Southwest Florida Symphony, following the precedence set before us by Astaldi SpA, our main Corporate Organization in Rome. Italy, who diligently con~butes to education in the Arts. 5) 2/08/2008 In support of Naples Cb~tian Academ!. Astaldi Construction perfonned a 4 hour equipment demonstration for the school children, so that they can learn about the road construction going on in their community. 6) 3nt2008 In support of Collier County Parjg & .Recreation. Astaldi Construction donated outdoor lighting for the pony rides at Country Jam 2008. 7) 31812008 In support of CoWer County Parks & Recreation, Astaldi Construction entered the Chili Cook-off at Country Jam 2008, to promote community involvement among personnel. The Chili Cook-off booth decorations also provided a recreational sand box and toy trucks for children to play with at the Country Jam 2008. . -~""-'-----' -, - -.. n__'..".___ , ,-~ "--"-~~- . -~~...__.,.,- ' ..,---,.-. ~. --~.- ----_.,-,--,~-,._- - Agenda Item NO.1 OD March 9, 2010 P-a-ge--i2 of ~ 7 88/88/2888 13: es . 239-3114-2453 ASTAl..DI <DISTRUCTIDl PllllE e2les Paae 1 ofl I ;tACK MORGAN - ,.- Toe ShL . A1IMlt: ....... bYe, P1-1l'_~ 'The ....."... ...-'on _ _.('O tD-.tr.1n Call. COUIIlIO 1_) IIID III out, ~ fann encllt4lmll. '1 0.00 tle. ThII_ dane byA*ldl OIllll2a'llllDl(NCIIIplIllllclled). Cur!l'G fhetpertod tt... _ no t_..nt_ ~......Iy ~ ftoom......,irlg... ~ L1m.., ~_fhet ft Ie....,. Ill< ...._. ..."'... Ie no nlld....... w........ '" _ our ~ In 8eplImber 2001. .' 111ft lime _ wtllNIot III en 0alIJpeIIanII LIeL. 111'10.00). . AeIIIdI CcIn*uaIOIl Carp IleIIIWlIlhetlhll put (~'_)oflhlll ....., _" I t ~ Ihould ... 0._ ..d IntD~ _"_-""_In CoI1IIIrCaunty-..u It1I. .-~1IeIrlO Idd.d. lbe_ ..,. AateldI_ olIIGIIIIy m8de _.. cflhe~_ 8aI101l11l1on 'OI-aloe delIId 711lio'.2Oll8. PLEASE KElP ME INFORMeD OF AHY DECISIONS PAADE BY cot.LlE~ COUNTY. . . "JACK MORGAN"~ '", ,""-fi" ~.....-.-.- Ft1dIIy, "",,"II 08, 2008 11:48 /1M CalIlrCaunlr WlfJ.. Requh.. I....pelf; _plfor Call.. County I"eI.pdI ,......- ' IWwdI. Jeak MalVIn AslIIIdl Colnnucllon Ccrpor.eon ~fllrYClU" 1538D-Z Caller Blvd. ...... FbIde 34119 CaI .. 23N33-77ll4 ~ OlIICle' Z3II-304-2T83 FIIX , 23D-3OoI-24P . 118I2OOI "., -...-. ..,----~._- . -- --..... .~.._- Agenda Item No. lOD March 9, 2010 Page 43 of 57 J . 88/BS/2e88 13:86 239-384-2453 Collier Coanty ;.Co.utrIcIIIr'. IJceasiDa ASTALDI aJ6TRUCTI~ F'AGt 8318S 1'1Iplofl . Contr8otor'. UcenslnCl .--- · All 0.......... (- ,..pt ..... canIIled) mult...... ......10 _,~. IocII county ....... The . , fJIOI1..4Jp.... tit IDD.GO per'...m. · Ntlwllle _m Is token, you _ _lad: our olllco 10 _'. .n oppl\cItlOll t:D got yaur n_ · "...~ 10 naSUdlIlc8...... "H"""",,*,,". llyaudo III\'lIIIngID .w.ct__re.orll1e IluIIdIng.. l'~ MeCI.Ik, f . · 4\11......101. """'......,.. must n. out. ~...lbo.., ..d _mil:. . 10.00 nogI__ ... ThIs . wII tie due ..... 7 2 "'1'1 when you renEW )'OIr lIIlb.Itl. ....-". . All CDunty Del.... .",. S.pLruLer 3Ot:tI DfI\WY~r, NQlnU..1t whit lIlftI or year you gilt your ~... _. AI ,_.4._.... _III be rNJ!ed on July "llt of aery yelr. . ~.., 1kl-1K II I"8qUl.... If ~ .... loci....'" ColMer COuftty far harM gr QH"'...rct.1 ~n. ....., "... .. J. . tax ,.. In.. .. III II ~.. ye.., It-. 'n Nl....I wra .. the numb.,. to csl for any qu "10,. ~....ftJ or ~.1:IOn or COI,!). ... In Com. IllY. . . (ZII) _:MIa . (DO) za-zuz . (23') 212__ . If 1..,..._. lion you -ortng . ....dtIlftO __ _. w..t.11Int . pDOIorjHXlJ ceve. building .. _. hiving I, lI'1111ttlttclf or ""'mbtno wark ~ . r,.J....",I.7*I 1r-, ._r . . . . . AdII.- w..*"s LIOIr\ttng ~N.HOI"f'I "_Orfvoe N...., I'L :!41~ . . btlp:/1www.ooDl......lUlf/.tacla..1IpX.1poIp-1542 8IllI2ClOll -....-......... - ..._,-~- .--- --~-----....-....,..,. ....". -. ...-.._--.~-_.- ..__.--- -- .-.---..'....""-. ~---- .....--""--"". ~"-...".."-- -- ., " ~-_.._- Agenda Item No. 10D March 9. 2010 Page 44 of 57 I OffIcial Receipt - Collier County Board of County Commissioners 'COPR11Dll-0lIlcIlII~ I~lt~ ~ I..Poe1DD ~ 1ltAJ:S3 "N IlI.iiiiiii ~:t2!!Ilf I MICHAS.. NASH ASTAlIlI CONSTRUCTION CORPORATION IIZ20 8'Ti\TE ROAD 84 STE 300 DA\IIE, Fl333Z4- 1010 GIiNERAL CONTR.-CERTlFIED PB)Illf: ClAYTON A CROSS Fee Information Pm! Payments ~Code CHE I~~r Total ClIlIh Total Non-C88ll Total PaId j I r =1 =1 110.!ll1J . Memo: Cahletl'locetlan: HUCAROl. I 1 UIlIr. COu.EENDAVIDSON ,-- ___0._.. ----- - ---- ----- CcII1er ~ IIolIrd Df County Commllllllon.... C1>PIuJ for wncs-.9liINT _:llI2eI2OOII10:lll1:11l1 NA - -.._-- - .__.- _.------- 1 Agenda Item No. 10D March 9, 2010 Page 45 of 57 p - (jj f~ - /l\t~O '5'70b ~ Questions? Call: Maule Wrilbt (289) 408-24all or Je=i!er BlA'I.... (239) 4CJ3.ll4.31 01' CoDIl8Il D&'rid8011 (289) 2lS-2909 FAX.. (239) 408-2461/. 1. Cow af State UlWl." a. Cow. af O~ Unan-l from tIw COlIl:lty yo.... cd!lce Ia laaated in OI'!fin Oom.r Oolmtr muat ha... Comer Count)' Oecupattcmal Lie I .n. C.u 408-:u.77 to obtain r......... . 8. CerWicate afContractor'. G-...al LIebi1itJ ~(mb:dmamrequirA...-ta forlllD1' CIteIor7) IhawizItr 00I1i... 00lDltJ Contractor LIceDaing Board u a 0ertUIcate Holder (add:.uabo9ll). , . 4. Wor)n..'OU'. COmJ>'ll'loatllm Proof af:rn.unnc. sbowiDg Colli... Ooanty Ocml:zoac:tar l.lcenirina Baud u a CwtIf!cate Ho1der or <<1J71 at !:I''''''ptiOD filed with tIw State. 8. !leIiItration fee of $10.00 par Ndl Jj....." ~ 1Il1l8t Anc.....plUl,Y fo..... Make check J>IYllbIe to 8. b afl;--, holder taped lIIl appliaatloD. <N!lrIlUI a 7. &tam the application with reqairecI iDtormatiau to tIw above addrMa. -- -- ..-.'.'.....--......-----.- ,.-....--- ---- . ...... ...."h.. '." . ---.- ~_._,-'. ..~.- .- .. '-'''''__' _.u....... _.~.".__,_ Agenda Item No. 10D March 9, 2010 Page 46 of 57 !!I121/2118& 83:14 239-949-71114 /l6rNJ>I CXNi1'IU:TIOl _ 1:1114 J ~~JIoad G............if;JDtmNopmeat.. ....L....,..-;1ial s.mc.. Dl~ . 2800 N. ~ Dri... Naplu, J'L Ul~ TelI1Jl!=e: (289) ~1 Fa: '" (189) <<03-2469 '.UPB ON.u.t. SlDJlS AKBaI!INT PRO'l'OlDAP'H 011' QUALIPIIm. PHOTO MtlS'1' BE rtJLL.1'AOBD VIEW APPBOX. Z'x 2" .A Cl&lt P:tCTCBl!l . . " . OOLLlJDl. COONl'Y 9U.'rB CI:Ir.'l'D'DIlD ........................................................ ~ nu ~OII""" .....~b.~ 01' ItcI\lle priDIlod. 'n2e app1Iadlcm. floe al$J,O.oo ~.. --~~eu. ~ on. floela ~.... the appllcadcm hu be ".-pll8lI.lII:ld a..d em the ,_41. All dIecb 1h0ll!4 b.1IllIlle papllle to tbe "Bollrd oraom. ColuIt)o ~......If". L N-.alPVm A~ <2r>"'~~..u:.{.:rO,.J C?OIZFR."ho,.} 51. ~ao ~l.."Q. . o,,~ , s..a-Mdreu ~& ea.) . Cit.r 9t:de fjpCoS 8.184:1l) :!rI,.1a~,.C:;.:.-t..3<S) .Da..t:. ~l ?:!.'3:;l..J ~~ Joddre. CIty 8t:ate 1Ap ~ . ,. ~'1'alep""".~__ "s'l-'ln~ 'b~lolo MoblI6If; 9.5'9 P,J/ - ?;ff Fa:/I: '1s1.~-~~ 8t:ataLi...n Num'- C t$ .~o -IZ~f/;.~ . . Go N-muhb. Pi:rm'e Ll( . 1e El'Dld8r 11~/ilt/' A1J;sll 5. ~//5 A.J,~. / P n s7lc.Ec7 fJ: 4?t-'k6fPlf/~ "FL Js3:J,5 B:"lI18Mdt.1I oftl---mdder ~ e- 1Ap Coda . 7. HomeTelepban.N~ 95~ 6.30 27 ~eJ . - ------ --~j~/U-----lnf.I: //0 '5#-::-----.- 9. Ih;.....i., "'--,. N z; - S or' - b - .-.-.... .--..-.-. . lO.jJl. "-,Bo1dc'.~ . -,.._--- ~_._._~-..-_. ._-,-, --. .- -~_.... -.' -- - ,..'-- Agenda Item No. 10D March 9, 2010 Page 47 of 57 J 18121/2186 13:14 239-949-7184 ;<\1./)1 CCK1lUll1DI PAEE 1l4I84 , .' . , COLUI!R CCIllNTY P.r.-, PICK AIlnIOIID'lIOII........ Pf u,,"wPIWIfttb,..,odoa- ,_111.11. -"Uo..~ ~-I-t.o".4- f. ClIt.f! ''''--''P'''''''lol- . ~lho_~')lcIodb.l... (I~ oniy_" poroaft .....Ill De -. lIII& _ ..._olgnoIunl....ltrod.) ThltIllAt","-lbnloforcw.JOallNLY, ~ ' Jlll>SI. _L'ttiS l':'l:--II,..'- so-. r.."JI...riiiiii: 1lIlW~ ;1_ ~ "" AU1HORIZED 1'ERllCN(S) DIIIVER'8 UC.f/AN) OR _ AUTlIORlZEll_lUFE cPRINr OR 1VPE] C?~. (?ILl>-' )(. a r.Qo-IOI'~, ,.,,- <t . - IIlIIClInIIold lhIlllWlllllln fully 18IJlO-' ".... IIr, lllIIIar_ ~otOOllllr -~boIbnl"'.onlhlo ,:;),~ dIIl'of &."j .:lCO(p_by whol'J L.-!'!IIYfI~tD,.,.orWhDhIIPRMIL.. ~ . . ......... _11._ !I^ ...;..,.,. IIl'DlIIIIIII1IIIIItIlllI 1\ \ . M~.~ .. ~ .. _. ______ -.-.-... -_.~- NOrAllYSBAL . _.lll4Il71lM5 . ...__'_. '__n_._.__. ----------. , - . ._- ~ _._-----_.- ....-----.- - .-.- - ._.----~ .---.,- ..,,-,---- . .__...~.....,...,."" Agenda Item NO.1 00 March 9, 2010 Page 48 of 57 ...- J STATE OF FLORIDA IIDa2DI:!Ift' '" BD8XX18S UlIl PmnSS~ 1tRlILB%OR 18501 487-3.395 (- ') I . ~'r.I:0IIl' I'L . . . . . ..... . . . ')) . - DETACH HiRE . . . . . - - .-.. _..-.. -.--.--.---.-.-. .. - .----" ...__ _0" _. ._.__. ..-..-----.------. . , , , - - .'..... _._---- -_. . -. ---._--- -.- -- -- Agenda Item No. 10D March 9, 2010 Page 49 of 57 L . .8TAlE 01' Pt.ORJDA __ 07 1I1l'lI.Dm88 AJID ~IIlXQIImL 1lIIGllfoJo...:wlII :E:IIIlVII'ftII I.:E~:DllJ IIQUI) (850) "87-:LJJIl ~3Z3J9-0783 . . . CXIUOIIU:EClII I'L 33305 . . . . . . .... . . n _._ . ._........... . NJI 3111.1. DD~--l 01' ...... --v...:. ~ ............:,i..... . " '~.o.SO" OI/ulO8 071:1.01.. . CDftI'ZD -.au, ~~'!f .~ '. ... X%~. D .:... ~ llII5!if.Dz _"'..."'" ~_ . . .;a . . . . ,. ,~..... . . . . __a ....... ......~. ... ... U, 1='0 "'1111~. . . . . . - .... . . DETACH HERE . . " ,'-h. . . < . . .t.N . . ,. . . . .....t... . - , . . " . "J' . . , . . . , .i 1," . . . - . , . .0 . . , .' J.t " ; BEl>> r.o'Oa.f'~ . "~ . - . ,..,,, 00'). '.1;" . .:1-.. .:11 .' . . . . . . . '" ti!'" ... ~"""..... . . . ~.. .' ~ ~; '......"'-~~;,:..I I' . .........-...... .9". ..fI.,' ':.' . #.;; :t. ~ ~" . ~ ---- --- ..._~_. --- ---.-...... ..._.__._-----_._-~- ".----. .. .-.., '0'_' .... ..... ..... ........,.. .. - ""-'."'- ,.....-..-.- ," --' ---- -- . - _.'" ,.- --.-.... - -.' - ---.---......-.- '-" ._.__._~ '~.~."-- '.,..... -". --""-'.-- , ..~._.., ___,.....h_~.,._._..'.,._._._ Agenda Item No. lOD March 9, 2010 Page 50 of 57 Page 1 of2 J carnell . - From: lIent: To: Co; Subject: carnell . - MondllY, August 11, 2008 5:11 PM 'JACK MORGAN' Gr8eneCoIleen; HauerMil<e RE: Local Business Tracking: -- "".m Rt!I.d 'JAOC MORGAN' ~- _.. ReId, 8/lJ/2OOB 5:31 PM J8Ck, I heve apoken with the County Attorney's OlIlce and at this point _ don't belleYa that _ can jUstify deeming A8t81d1 eligible for local preference. In spesklng with staff from both the Contractor's Ucensing Board and the Tax Collector's Otnce, bDlh Indicated that registration of a state cantraclor's 1lC81118 locally Is not connected with or equivalent to obI.lnlng an occupatJonalllcenaa. According to both, the need for an occupational license Is solely datennined by whether the bU8iness operates (or plans to operate) an office in Collier County. Accorcllng to thMl, you were probebly told that you didn't need to pay the occupational tax Ilcenla because you weren't conaldered to be operating a local office. Based on where tha language of the current policy re.ds, I do not believe that Aataldi quallfjel .. e local vendor under !he policy a9 currently wriltan. I would encouTBga you to proceed with submltling your bid offer for the bid opening. the deadline for which is scheduled for Monday August 1EJ1h 8t2:30 PM. If you would like to discuss further, please let me know. Thanks, Steve From: .lAC( MORGAN [lI1lllllO:jmorgan@astllldla1nstructfon.com] sent: Moncf8y, August 11, 2008 4:59 PM To: earnele" SUbject. Fw: ~I Business s_. Have you hlld e chlll'lCe to review the documental provldlld? We wlU be submltllng. Bid to Collier County on August 14, 2008 8I'ld would like to consider OUnlltlYea a Local Buli".. wllhin our bid proposal. Regards, Jack M01'lllID. 91812008 ._, .....-.---- -----"--- . ------- _..._~- _._--~-_... ..... - Agenda Item No. lOD March 9, 2010 Page 51 of 57 1 Page 2 of2 Asta1di Construction Corporation "WorIdng for You" 15360-2 Collier Blvd. Naplca, Florida 34119 Cell II 239-633.7794 Field Office II 239.304.2763 Fax 11239.304.2453 - Orfgllllll MlINge- F"",,: ~ MQBGAN To: liI!DIILI s.nt: Friday, August 08, 2008 11:48 AM SullJec:t: Local BUSin_ SleIIe, Pier.. _ attached. TIll nannll procedure tot a 1t111II con_ to wor1< In Collier County (1II8<:hed) Is to ftR out I regie1r8tlon Ionn and IUbmR I $1 0.00 fee. This _ done by Aetaldl Qn 9121112008 (receipt 8It8ched). During that period there_ no t.neliIlJId were actullly dllCQureged from Obtaining In OCcupational U-Ie being told that RisonI)' I tax llcelllllO 1herels IlCl ..Id for It. Wo ... due to renew Qur I'Illllll8tlon In September 2OOB. TIlls time we will insist on an OccupellOnal Uconse ($10.00). Astaldl Conlllruc:tJon Corp beIlev.. thetthla pert (QCCUpetlonalllcenM) oIlhe LC>C81 BUllnlllll requirements lhould be Grendfethered in to Companies lhll were actively work In Collier County during lhll new requirement being added. The Ilra1time As1aldl wee 01llcta1ly madl ewa.. oIlhe requirement wel SoIicIt8lIon ., 08-5106 dlled 711512008. PLEASE KEEP ME INFORMED OF A~ DECISIONS MAOE BY COLLIER COUNTY. Regardl, Jack Morven A8tIIIdl Conlll\lction Corporetion "Woo1dng tot You" 15380-2 Collier Blvd. NepIes, Florida 34119 Ce/ltl23H33-n94 FIeld ornce , 239-304.2763 Fax II 23i-304-2453 91812008 _.- -"., .... "'-,---".- ..-----~..._--_._-- -......... -~.'- __ _____..h_ _ . .____._... _ .......v -~.._-.'.,,-~-_._-,~..- __ '_"M_, .... -"._'~~' " -,._.~~ -- ~.,----~ Agenda Item No. 10D March 9, 2010 Page 52 of 57 . .. . - - - - - ~ Memorandum Astaldi Construction Corporation Datc: September 6, 2008 To: Board of County Commissioners (Collier County) Subject: Pun:basing Policy of Collier COImty (adopted June 2008) From: Aslaldi Construc;Uon Corporation The Purchasing Policy adopted June 2008 in "Section XI. Procedure~refcrence t!l ~ BusineQeljp County Contracl$" defmes"Local Business" as fol1ows: "Local business me,n. the vendor has a valid occupational license issued by Collier CoUDly at least one year prior to Bid or proposal submission to do business within Collier County that authorizes the business 10 provide the commodities or service to be purohased, and a physical busi"e!S address located within the limits of Collier County from which the vendor operates or performs bnnness. Post Office Boxes arc not verifiable and shall not be ,,""'" for the purpose of establisbini said physical address. In addition to the foregoing, a vender shall not be considered a "local busilless" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, residency of employees and principals of the business within Collier County. Vendors shall aflinn in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this _tion." Astaldi Construction Corporation, and possibly other vendors, are in a position such that while having worked in Collier CoUDly, and having met all of the criteria outlined above, Astaldi Construction waa not required to obtain an occupational license, and the. efore may not qualify IS a local busmcss. The reason that Astaldi Construction does not bave an occupational license is that when Astaldi Construction's representatives wenl to Collier County Licensing Department at the 0_ of the Clluo/lt construction project that Astaldi is building, they were advised by a County employee that since AstaIdi ConstrUction was a Slate Certified General ContnlCtOr, no occupational license was required. The new Purchasing Policy adopled in June of 2008 did not address or provide for a lemedy for this situation. With respect to AstaIdi Construction's qualifications as a local business in Collier County, please nole the following: . Astaldi has been a registered vendor with Collier County since 2002 . Astaldi has had a physical address within the County limits since Jan\l81'Y 2007 8220 State Road 84 - Suite 300, Davie, Florida 33324 Telephone: (954) 423.8766. Fax: (954) 423-2597 --'-~"'-'--"--''''''---- " .' ,... _~~~ __"._.,~._~ _.__ ___.." ..,... ,_ _._..._...._ ...._________...__..__ .___n...' ...., . Agenda Item NO.1 OD March 9, 2010 Page 53 of 57 J . AstaIdi has contributed to tho economic development and wellbeing of Collier County by paI1icipation with Habitat for Humanity constlUcting home within the Liberty Landing Development · AstaIcIi has supportcci Collier CollDty Parks 8IId Rccmrtion by being Corporate Sponsor fur Snowfcst BDd providing Mainie"once of Traffic to assist in parldng at the CoWttry Jam event, in addition we provide lighting for the pony rides and recreational sand box with toys for the children III our Chili Cook-oft'booth. . AstaIcIi has retained and expanded employment opportunities for the commUDity; CIuICUtly we employ 6S Collier COllDty m1idcnls as well as an additional II employees from near by Lee Counly. This docs not include the use of subcontractors that also employ residents of Collier County. The use and payment of these subcontractors also contributes to the local economy of Collier County. . AstaIcIi has been paying Tangible PcnonaI Property Taxes . AstaIcIi in the last 2 years has widened and Unproved roadways for the County under 2 scpame contracts with a IOtal value of approximately 80 million dollars. . AstaIcIi has obtained BDd CUITCnt1y holds an Occupational License in Collier County M you C8Il see Astaldi has b....... and continues 10 be a local business. Unfortunately with tho wonling that was pJaccd in the Purchasing Polley adopted in June of 2008 Mtalcli. BDd possibly other entities, may nol been considel1ld "local businesses" due to an Occupational License thaI Astalcli was told was nol requil1ld, The newly adopted policy docs not address a remedy for venders in this position, as it clearly appears 10 be a form versus substance matter. Astaldi CoDSlrUction would request the Board grant AstaIdi Local Business StJrtus. as clearly we have been and continued to be part of cormnunity of Collier County. . . , . - 8220 State Road 84 - Suite 300. Davie, Florida 33324 Telephone: (954) 423-8766. Fax: (954) 423-2597 , "h._.______ .- - -._-- -- .--.-.,--.----- ---- - -- -,-_._._.,,~" - _n ____ .. , ~_~...~_ '.__.M".......'_ ~ - Agenda Item NO.1 OD March 9. 2010 Page 54 of 57 ,. Deputy Chief Chris Byrne, Gail Dolan, Chief James McEvoy and Commander Bill Rule - Adopted 5/0 E. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. Resolution 2008-265: Appointing Thomas D. Oakley and Victoria Nicklos - Adopted 5/0 F. Appointment of members to the Board of Building Adjustments and Appeals. Resolution 2008- 266: Appointing William Sylvester and John Melton - Adopted 5/0 G. Recommendation to declare vacancy on the Development Services Advisory Committee. Resolution 2008-267 Adopted - 5/0 H. Appointment of members to the Public Vehicle Advisory Committee. Resolution 2008-268: Appointing Tony Marino, Russell Berghuis, Steven Quinn and Ronald Doino - Adopted 5/0 I. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory Committee. Resolution 2008-269: Appointing Jon C. Staiger - Adopted 5/0 J. Appointment of members to the Pelican Bay Services Division Board. Resolution 2008- 270: Appointing Gerald A. Moffatt and Geoffrey Scott Gibson - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners approve the acquisition ofIndependent Certified Public Accountant services, in an amount not to exceed $25,000, to determine if the Clerk is following the Board's direction (Resolution 2007-257) regarding Board interest income. (John Yonkosky) Approved - 4/1 (Commissioner Henning opposed) B. To report to the Collier County Board of County Commissioners concerning the potential scale of a proposed Rental Registration refund oflate fees in Page 7 September 9-10, 2008 _._- ---- ,- -_.- --..... '.. .,.-- , . , .- Agenda Item No. 10D March 9, 2010 Page 55 of 57 ^.- excess of eighty dollars ($80) for the period of Fiscal Years 2005 through 2007, and a recommendation for a potential refund methodology. (Joe Schmitt, Gary Mullee) Approved - 5/0 C. Requesting Board decision on local preference for Bid No. 08-5106 - "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard)", Project No. 60091. (Steve Carnell, Jay Ahmad) Motion to accept Astaldi Construction as a local business - Approved 5/0 D. Recommendation to approve plan for immediate and long term purchases of systems furniture for various County facilities. (Steve Carnell) Approved - 5/0 ."-- E. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to how to proceed regarding the potential adverse impacts of the escalating foreclosures within the unincorporated area ofthe county. (Joe Schmitt) Motion to accept proposed rehabilitation plan by CDES Administrator - Approved 5/0 F. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner d/bla District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2009 at a cost of$I,085,000. (Dan Summers) Approved - 5/0 G. Recommendation to adopt a resolution authorizing removal of 11,541 ambulance service accounts and their respective account receivable balances which total $7,986,828.72, from the general ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount was recognized and recorded as Bad Debt Expense during Fiscal Years 2004 and 2005, it cannot be removed without Board adoption of an authorizing resolution. (John Yonkosky, Jeff Page) Resolution 2008-271 Adopted - 5/0 -- H. Recommendation to award Bid #08-5061 "Golden Gate Parkway (Livingston Road to 66th Street) and (60th Street to Santa Barbara Blvd.) Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc. Page 8 September 9-10, 2008 --.------. -.. ..-.---- -_.~- -.- -._,,---~- .,- -_.......-. Agenda Item NO.1 OD March 9. 2010 Page 56 of 57 'BY ( 4Ju.nty 14-- ~ AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB #:10-5423 (Check Appropriate Boxes Below) STATE OF FLORIDA AND 129 COLLIER COUNTY [!I LEE COUNTY PROPOSER/BIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; A "local business. is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and me:!surable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Please provide the following information for the Proposer/Bidder/Quoter: Year Business Established in [!]Collier County or lKl Lee County: 1991 Number of Employees (Including Owner(s) or Corporate Officers): 68 . Number of Employees Living in I!J Collier County or [Xl Lee (Including Owner(s) or Corporate Officers): 20 , GC-P-7 r": I.'" ':j-' -"'- I 1 I , , 1\ 'I " I, ., , I' , . I: ~-. I II I' ,I ., I I , , " :1 ,I 'I - Agenda Item No. 10D March 9, 2010 Page 57 of 57 If requested by the County, proposerlbidder/quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposerlbidder/quoter's submission being deemed not applicable. William J. McDevitt/Cardinal Contractors, Inc. proposer/Bidder/Quoter Name . Signature William J. McDevitt, 2201 Cantu Court suite 202, sarasota, FL 34232 State of Incorporation: Florida p~esident Title STATE OF FLORIDA o COLLIER COUNTY o LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above Stat~nd County, on this 5 f} Day of February, 20 10 . J""" q..T#J 4.- o.-.-n, Pamela A. White, Notary Public My Commission Expires: ;2- q- /2 . (AFFIX OFFICIAL SEAL) . OFFICIAL SEA\. pamolo A. WhIte Nolary Public Slate of Florida Comm.# DO 749464 eomm,EXP.Fab.9,2012 . GC-P-8 .. - .-. ~-~'_.-" , -,-,_,"'~---'---- _....'W'"