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Agenda 04/27/2010 Item #16D 8 Agenda Item No. 16D8 April 27, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to award Bid #10-5418 for a production well for the Immokalee Sports Complex Swimming Pool to Hausinger & Associates, Inc. in the amount of $70,000 and authorize the necessary budget amendment. OBJECTIVE: To obtain approval from the Board of County Commissioners to award bid #10- 5418 to Hausinger & Associates in the amount of $70,000 and approve necessary budget amendment. CONSIDERATIONS: The supply well that provides water to the heaters for the pool at Immokalee Sports Complex has failed and requires replacement. This bid was posted on 12-11-09 and was sent to 48 vendors with 7 vendors responding, with 2 non responsive bidders. The bids were received on 12-30-09. The following is a list of bidders: Thompson Well and Pump Inc. Diversified Drilling Shade Services Inc. Hausinger & Associates Miller Drilling and Water Treatment Inc. $98,534.40 $112,840 $76,500 $73,255 $59,935.88 The Purchasing Director received intent to protest prior to the February 23,2010 BCC Meeting and withdrew the item from the Board's agenda. The full protest was received by the Purchasing Director within the time frame of the Purchasing Policy. After a full review of the protest and finding of facts associated with the protest the Purchasing Director issued a decision resulting in the disqualification of Miller Drilling and Water Treatment Inc. on the basis that Miller does not hold the licenses required to perform the specified work. The protest and the Purchasing Director's decision are enclosed as back up material. Staff and the Engineer of record have reviewed the bid response from Hausinger & Associates and have determined that they are the lowest, qualified and responsive bidder. Given that all of the bids received exceeded the available budget, Section VI.B.2 of the purchasing policy was invoked wherein staff negotiated with Hausigner & Associates who in turn has reduced their price to $70,000.00 resulting in reduction of $3,255 from their original bid offer. The bid tabulation is attached. The bid received from Hausinger & Associates was the next lowest price bid received. GROWTH MANAGEMENT: Immokalee Sports Complex is inventoried in the growth management plan. FISCAL IMPACT: Funds have been appropriated in Project 80075 Immokalee Sports Drainage; however, a budget amendment for an additional $20,000 is needed from Parks and Recreation Capital Proj ects Fund 306 reserves due to unique geological conditions of the site. Source of funds is ad valorem. Agenda Item No. 16D8 April 27, 2010 Page 2 of 11 LEGAL CONSIDERATION: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATIONS: Recommendation to award Bid #10-5418 for a production well for the Immokalee Sports Complex Swimming Pool to Hausinger & Associates in the amount of $70,000 and authorizes the necessary budget amendment. PREPARED BY: Murdo Smith, Region 1 Manager, Parks and Recreation Agenda Item No. 1608 Apri/27,2010 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1608 Recommendation to award Bid #10-5418 for a production well for the Immokalee Sports Complex Swimming Pool to Hausinger & Associates, Inc. in the amount of $70,000 and authorize the necessary budget amendment. 4/27/20109:00:00 AM Meeting Date: Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 3/25/20102:51 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Division Purchasing & General Services 3/29/2010 11:09AM Approved By Steve Carnell Director - PurchasinglGeneral Services Date Administrative Services Division Purchasing & General Services 3/29/201011:29 AM Approved By Jeff Klatzkow County Attorney Date 3/30/201011:29 AM Approved By Barry Williams Director - Parks & Recreation Date Public Services Division Parks & Recreation 4/2120101:51 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/7/201012:17 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 4/15/2010 10: 26 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 4/20/20108:21 AM Approved By Leo E. 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'iil ! 1 $3 ~ ;: -8 ;; . ..r:::;' i7i2ts-" oiiiJ:E - _'l"I-ic. I! g].lliw~~~ -6'0 & ~ HH'O 8 H ~~1hHH+~I~ ~ ~Il~]~; ~llj ~ 8 ~ ~ III ~"II m ~ 2-8 -8 S f) lD Ii: i m 181 - ._ ~..c :0 ~ := ~ ! e:: ~ ~ 11 is ..r:: 'i ! ~ !l~ <tl:z:i .~ "i .~!O !i] ~ib~~~~~!11~85ibi8~~~~~", ..-(\jM'ltlOu) .....a>> CJl~::~~;!~~~~~~t\i~ c .. lli Ii ~ ~ ~ ~ ~ ~ ~ .. g ~ ~ " ~ .. ~ ~ ~ ~ ~ ~ ~ ~ c i N .. ~ ~ ~ :l' <'; ~ ~ ~ ~ ! ~ i ~ ~ ~ e ~ ~ 'lI J ~ ~ 'J ~ 0 I E ~ ~ ~ .'I j "E ::l E ! E 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 'Ii Jl i :i ] E E :!' ." ~ I ~ I i I i . . j ! I ~ J j ) I i I i i , i i I 1 f j ~ .I I I i I I I f . J , . ~ ! . I } ~ t Agenda Item No. 1608 April 27, 2010 Page 5 of 11 8515 Riverside Drive Punta Gorda, FL 33982 Shade WellDrilling(a),gmaiLcom February 24, 2010 Collier County Purchasing Scott Johnson 3301 E. Tamiami Trail Purchasing Building, Building G Naples, FL 34112 ScottJohnson@collier~ov.net RE: Solicitation Number 10-5418 Formal Protest of Recommended Award Immokalee Sports Complex Production Well Dear Mr. Johnson, Please accept this letter as a formal protest of recommended award for the abovc referenced project. 1. Name and address of County agency affected and the bid number and title. Collier County Parks and Recreation Department 15000 Livingston Road Naples, FL 34109 ITB 10-5418, Immokalee Sports Complex Production Well 2. The name and address of the protesting party. Shade Services Inc. . c/o Erik Howard 8515 Riverside Drive Punta Gorda, FL 33982 3. A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate. Agenda Item No. l6D3, February 23,2010 stated that the recommendation "is legally sufficient for Board action". The action is not legally sufficient. Miller Drilling and Water Treatment, Inc. is not a "responsive bidder". Agenda Item No. 1608 April 27, 2010 Page 6 of 11 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief The invitation to bid included a scope of work which requires a contractor which is licensed under under Chapter 489 F.S. A water well contractor (licensed under Chapter 373 F.S.) is not licensed to perform the scope of work entailed with the project To the best of my knowledge, Miller Drilling and Water Treatment, Inc. is not licensed through Chapter 489 F.S. and therefore would be considered a non-responsive bidder. Illegal contracting would take place if Collier County and Miller Drilling and Water Treatment, Inc entered into a contract for the scope of work advertised in the solicitation. 5. A demand for the relief to which the protesting party deems himself entitled. Award the project to a properly licensed contractor. 6. Such other information as the protesting party deems to be material to the issue. As part of this formal protest, I wish to modify my bid in the same manner that Miller Drilling and Water Treatment, Inc. modified their bid. I will agree to reduce my bid by $4,000.00 from $76,500.00 to $72,500.00 to provide a savings to Collier County. Excerpts of relevant specifications and bid documents for the project are quoted below with applicable portions highlighted. GENERAL PROJECT DESRlPTION The Collier County Department of Parks and Recreation, (OWNER) is seeking bids from qualified drilling contractors (CONTRACTOR) for the constroction of an 8-inch diameter production well and the abandonment of an existing 4-inch diameter well at the Immokalee Sports Complex located at 505 Escambia Street in Immokalee, Florida. 111e new well will provide water to heat exchangers to warm the public swimming pool at the facility. Additional work includes providing and installing a pump and electrical supply, and piping to tie into the existing lines. An aerial photograph of the site showing locations of features related to this project is as Exhibit 1. 1.02. PERMITS, liCENSES. CONSTRUCTION AND EMPLOYMENT PRACTICES A. The CONTRACTOR shall procure all permits, certificates, and licenses required of him by law for the execution of the work. The CONTRACTOR shall comply with all federal, state, and local laws, regulations. ordinances, safety codes, and building and constroction codes, which apply to constroction peiformed under this contract. Exhibit IV.' AdditionalITB Terms and Conditions 10. Licenses The Vendor is. required to possess the correct professional and other licenses, and any other authorizations necessary to pelform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any ldnd. Additionally, copies of all the required licenses must be. submitted with the bid response 20f4 Agenda Item No. 1608 Apri/27,2010 Page 7 of 11 indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to peiform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (fonnerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. The project has (1) electrical work:, (2) underground piping, and (3) tie-ins to existing lines. A water well contractor is not licensed to perform the three previously mentioned items for this project. A water well contractor is not licensed to hire or sub-contract appropriately licensed contractors to perform the three items for this project This project is not a residential dwelling. A water well contractor is licensed through Chapter 373 F.S. Portions of Chapter 373 F.S. are quoted below. "373.303 Definitions (6) "Water well contractor" means a person who is responsible for the constroction, repair, or abandonment of a water well and who is licensed under this part to engage in the business of construction, repair, or abandonment of water wells. " "373.323 Licensure of water well contractors; application, qualifications, and examinations,' equipment identification.-- II) A licensed well water contractor may facilitate the peiformance of additional work by an appropriately licensed contractor which is incidental to the construction, repair, or abandonment of a water well. For purposes of this subsection, incidental work is limited to the electrical connection of a pump, connecting a well to a residential dwelling, constructing a pump house or pump vault of 100 square feet or less, constrocting a nonstructural well slab of 100 square feet or less, constructing fencing, and landscaping. 171is part does not authorize a licensed water well contractor to peifonn any services or work for which a license under chapter 489 is required. " Services for this project would include hiring or sub-contracting an appropriately licensed contractor. The water well contractor is not allowed to hire or sub-contract for the electrical work, underground piping and/or tie-ins to existing lines for this non-residential project. Work for this project includes electrical work, underground piping and tie-ins to existing lines, which the water well contractor is not licensed to perform. 30f4 t I I t I Agenda Item No. 1608 April 27, 2010 Page 8 of 11 A portion of Chapter 489 F.S. is quoted below. "489.105 (3) "Contractor" means the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from. or improve any building or structure, including related improvements to real estate, for others or for resale to others,' and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection, For the purposes of regulation under this part, "demolish" applies only to demolition of steel tanks over 50 feet in height; towers over 50 feet in height; other structures over 50 feet in height, other than buildings or residences over three stories tall,' and buildings or residences over three stories tall. Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division IL consisting of those contractors defined in paragraphs (d)-(q): (a) "General contractor" means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and who may pelform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113, " This project requires a contractor licensed through Chapter 489 F.S. A General Contractor meets the requirements for 1his project. Additionally, I have provided a letter from Bill Musselwhite (Another bidder for this project) providing his understanding of the law as it relates to this project and contracting. Should you have any questions or comments regarding this letter or information contained within, please do not hesitate to contact me. Sincerely, WI :~Ii~ Erik Howard, P .E. Shade Services Inc. CGC1517855 CFC1428169 Water Well 7278 Enclosure -, 4of4 Agenda Item No. 1608 April 27, 2010 Page 9 of 11 I~ DIVERSIFIED DRILLING CORPORATION 5620 Lee Street, Lehigh Acres, f1L 33971 Phone (239) 368-6404 Fax (239) 368-67 t 6 E-Mail bmusselwhite@weI1water.c:om February 19, 2010 Mr. Erik Howard President Shade Services Inc. Re: Certified Licensure on Well Construction Projects Mr. Howard, Following up on our conversation I am writing this letter to confirm my understanding of the law that a Certjfied License as defined by F.S. Chapter 489 is required to perform the work described In the Immokalee Sports Complex Production Well ITB # 10-5418. The Rorlda legislature more narrowly defined the scope of work that can be performed under a Water Well Contractors license when they adopted subsection (11) to F.S. Chapter 373.323 several years ago. This definition allowed a water well contractor to "fadlitate" the performance of work that was Inddentai to the "construction, repair or abandonment of a water well". This definition defined inddental work and specifically limited "connecting a well to a residential dwelling". The statute went on to state that a licensed Water Well Contractor is not authorized "to perform any services for which a license under chapter 489 Is required" The Sports Complex project Involved several areas requiring licensure under Chapter 489. These Included electrical work and Installation of buried piping and connection of that piping to the existing system. A condse reading of the statute reveals that a water well contractor's license alone Is insufficient to perform this work or even to fadlitate (by subcontracting) these services since the work is not for a residential dwelling. It Is my understanding of the law that a contractor certified under FS 489 should be the prime contractor on this or similar scope projects. Sincerely, Diversified Drliling Corp. Bill Musselwhite Vice President CBC #1253245 * cue #1224190 '* FLORIDA WELL #11191 '* COLUER WELL #23271 eo1!r County Agenda Item No. 1608 April 27, 2010 Page 10 of 11 Adrrinistrative Services Division Purchasing March 29, 2010 Mr. Erik Howard, P.E. Shade Services, Inc. 8515 Riverside Drive Punta Gorda, FI 33982 Re: Protest Decision, ITS 10-5418, Immokalee Sports Complex Production Well Dear Mr. Howard, I am in receipt of your letter of February 24, 2010 protesting the recommendation to award the referenced contract to Miller Drilling and Water Treatment Inc. (hereinafter referred to as "Miller"). In reviewing your protest, you have contended that Miller is not qualified to perform the work as specified for the following reasons: 1. Miller is licensed as a water well contractor under Section 373 F .S. but is not licensed as a general contractor under Section 489 F.S.; and 2. A water well contractor is not licensed to hire or sub-contract for the electrical work, underground piping, and/-or tie-ins to existing lines for a non residential project as called for in the scope of work. Miller tend~red a bid offer in the amount of $59,935.88. Subsequent to the bid opening, the Parks and Recreation Department advised Purchasing staff that they did not have sufficient budget available to pay the full bid amount tendered by Miller. Under Section VI.D.3 of the County's purchasing policy, the Purchasing Department may authorize limited price negotiations in such instances to determine if the price can be lowered to within acceptable budget limits. Pursuant to that provision, staff and Miller discussed Miller's bid offer together and agreed to a reduced price of $55,935.88 or $4,000 less than Miller's formal bid offer. Staff has reviewed Miller's qualifications and has determined that Miller does not hold a general contractor's license. Further, it is our understanding that a general contractor's license is required to perform the work as set forth in the bid invitation. You have asked that the bid offer from Miller be rejected. You have offered to lower your bid offer by $4,000 and are asking that award be made to Shade Services Inc. In reviewing the tabulation of the bid offers (see attached), the next lowest bid offer came from Hausinger & Associates (or "Hausinger"). Hausinger offered a price of (i) '><-' Puldlasing Depanl11el1l' 3301 T 3miami Trail East. Napk!$, Florida 34112 . www collrergov. neVpun:llasing Agenda Item No. 1608 April 27, 2010 Page 11 of 11 Mr. Erik Howard, P.E. March 29, 2010 Page 2 of 2 $73,255 which is $3,245 lower than the bid offer from Shade Services of $76,500. Staff has reviewed Hausinger's qualifications and has determined that they are the apparent lowest, qualified and responsive bidder. Accordingly, this office has decided to reject the bid offer from Miller on the basis that Miller is not qualified to perform the work set forth under ITS 10-5418. I have also directed staff to negotiate price reductions with Hausinger, which has resulted in an agreed upon reduced price of $70.000. Under Section XVIII.C of the County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection to my attention within two business days from the date of receipt of this decision or not later than close of business on Wednesday March 31, 2010. Sincerely, ~ J.1 " /-.:lAIf1! ~1!J.;~f\, tf1. L(d"j Steve Carnelr. Purchasing/General Services Director Enclosure