Agenda 09/29/2009 Item #16B 6
Agenda Item No. 1686
September 29,2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to terminate the contract awarded to Big Tree, Inc., under Bid #09-5194
"Collier County Right-of-Way (ROW) and Median Mowing and Maintenance Annual
Contract" in the amount of $124,240.00.
OBJECTIVE: To obtain the Board's approval to terminate the contract awarded under Bid #09-
5194 to Big Tree, Inc. on March 24, 2009, Item 16B6 by the Board of County Commissioners for
the maintenance of Irnrnokalee Road (1-75 to Collier Blvd.) and Irnrnokalee Road (Collier Blvd to
43rd), for cause of default, as allowable under the contract.
CONSIDERATIONS: On February 6, 2009, bids were solicited for Bid #09-5194 "Collier
County Right-of-Way (ROW) and Median Mowing and Maintenance Annual Contract." On
February 19, 2009, bids were opened, and on March 24, 2009, the BCC approved three vendors
to maintain seven different segments. The County awarded Big Tree, Inc. the Irnrnokalee Road (1-
75 to Collier Blvd.) segment at an annual cost of $31,800.00 and Irnrnokalee Road (Collier Blvd.
to 43rd) segment at an annual cost of $92,440.00.
An official Notice to Proceed was provided to Big Tree, Inc. for the maintenance of the two
awarded roadways. Staff met with Big Tree, Inc. before commencement of the work to review
areas. On August 31, 2009, staff received a letter from Big Tree, Inc. stating that they no longer
wished to perform this work as they were not able to honor their original bid price and requested
termination of the contract.
Staff had met with this vendor prior to award to verify their price offer and their commitment to
perform the serviees as specified for their offered price. Given that the vendor is effectiviely
defaulting on their price offer, staff recommends that the County exercise the option to terminate
this agreement under, Section 8, of the contract titled Termination, to terminate for cause of
default. Additionally, staff is recommending that this vendor be suspended for three months from
bidding on County work as a prime or subcontractor. The maintenance work originally awarded
to Big Tree, Inc. tJr both roadway segments will need to be rebid out for a new contract.
FISCAL IMPACT: Budget is available in Fund Ill, Cost Center 163808 and 163806 for the
continuation of maintenance under a new vendor.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is a legally sufficient, regular agenda item only requiring a majority vote for
approval-SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners terminates Contract #09-
5194 awarded to Big Tree, Inc., for cause, as allowed under the contract with a three month
bidding suspension from Collier County projects and authorize the County Manager or his
designee to re-bid the maintenance work for Immokalee Road (1-75 to Collier Blvd.) and
Agenda Item No. 1686
September 29, 2009
Page 2 of 5
Immokalee Road (Collier Blvd. to 43rd).
Prepared By: Liz De Leon, Project Manager, A TM Department
Attachment: Letter of Termination
Page 1 of2
Agenda Item No. 16B6
September 29, 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B6
Recommendation to terminate the contract awarded to Big Tree, Inc., for Bid #09-5194
Collier County Right-of-Way (ROW) and Median Mowing and Maintenance Annual Contract
In the amount of $124,240.00.
9/29/20099:00:00 AM
Meeting Date:
Prepared By
Liz De Leon
Operations Coordinator
Date
Transportation Services
Alternative Transportation Modes
9/14/20094:14:02 PM
Approved By
Liz De Leon
Operations Coordinator
Date
Transportation Services
Alternative Transportation Modes
9/14/20095:00 PM
Approved By
Gloria Herrera
Management/Budget Analyst
Date
Transportation Services
Storm water Management
9/15/200910:41 AM
Approved By
Michelle Edwards Arnold
Alternative Transportation Modes
Director
Date
Transportation Services
Alternative Transportation Modes
9/15/2009 11 :36 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
9/16/2009 4:39 PM
Approved By
Rhonda Rembert
Contract Specialist
Date
Administrative Services
Purchasing
9/17/20099:29 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
9/17/20093:33 PM
Approved By
Steve Carnell
Purchasing/General Bves Director
Date
Administrative Services
Purchasing
9/18/2009 8:29 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
9/18/2009 9:57 AM
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Agenda Item No. 1686
September 29, 2009
Page 4 of 5
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 9/18/2009 11 :01 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/18/200912:58 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 9/21/2009 3:41 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
-
Board of County
Commissioners County Manager's Office 9/21/20094:19 PM
-)
.-
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Agenda Item No. 1686
September 29,2009
eo1t,. Cownt;Y Page 5 of 5
Adirinistrative SeNices Division
Purchasing
Emailed and US Mail
September 10, 2009
Kit Brock, President
Big Tree, Inc.
5175 County Lakes Drive
Fort Myers, FL 33905
Re: Contract # 09-5194 ;:Collier County Right-of-Ways and Medians Mowing
And Maintenance Annual Contracto
Notice of Intent to Terminate Contract
Dear Mr. Brock:
As per the provisions of Section 8, Termination of the above referenced contract, the
County intends to terminate this contract for convenience. This action shall be effective
upon Board approval at the September 29,2009 meeting. This letter shall serve as the
required seven (7) day written notice. There are currently no outstanding invoices and
Big Tree, Inc. has been paid for all work completed on this contract to date. Until the
Board of County Commissioners meet, Big Tree, Inc. is hereby suspended immediately
from performing any work activities.
Should you have any further questions, please contact me at 239/252-8941 or I can be
emailedatrhondacummings@colliergov.net
Thank you for your prompt attention.
Best Regards,
Rhonda Cummings
Rhonda Cummings, FCCN, CPPB
Contract Specialist
Cc: Steve Carnell, Purchasing and General Services Director
Bonnie Baer, ClerklS Finance Supervisor, Finance Department
Liz DeLeon, Project Manager
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