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Agenda 10/27/2009 Item #16B 2Agenda Item No. 1662 October 27, 2009 Page 1 of 4 EXECUTIVE SUMMARY 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. 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 1686 by the Board of County Commissioners for the maintenance of Immokalee Road (I -75 to Collier Blvd.) and Immokalee 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 Immokalee Road (I -75 to Collier Blvd.) segment at an annual cost of $31,800.00 and Immokalee 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 and requested termination of the contract. The County is exercising the option under contract, Section 8, Termination, to terminate for cause of default with a three month suspension from Collier County bids. The maintenance work originally awarded to Big Tree, Inc. for both roadway segments will need to be bid out for a new contract. FISCAL IMPACT: Budget is available in Fund 111, 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 legally sufficient - -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 (I -75 to Collier Blvd) and Immokalee Road (Collier Blvd to 43`d) Prepared By: Liz De Leon, Project Manager, ATM Department Attachments: Letter of Termination race i 01 Agenda Item No. 16132 October 27, 2009 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1682 Item Summary: 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. Meeting Date: 10/27/2009 9:00:00 AM Prepared By Liz De Leon operations Coordinator Date Transportation Services Alternative Transportation Modes 911412009 4:14:02 PM Approved By Liz De Leon operations Coordinator Date Transportation Services Alternative Transportation Modes 911412009 5:00 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 9115/2009 10:41 AM Approved By Alternative Transportation Modes Michelle Edwards Arnold Director Date Transportation Services Alternative Transportation Modes 9/15/2009 11:36 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 911612009 4:39 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9117!2009 9:29 AM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 911712009 3:53 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9118/2009 8:29 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 911812009 9:57 AM fi le: / /C: \AgendaTest \Export\137-October 27,2009\16. CONSENT AGENDA \16B. TRAN... 10/21/2009 rage 2 or l Agenda Item No. 16132 October 27, 2009 Page 3 of 4 Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 911812009 11:01 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 101912009 3:00 PM Approved By Norm E. Feder, AiCP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/9/2009 3:21 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412009 9:41 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/15/2009 4:32 PM file: / /C: \AgendaTest \Export\137- October 27,2009\16. CONSENT AGENDA \16B. TRAN... 10/21 /2009 Agenda Item No. 1662 October 27, 2009 Page 4 of 4 C08�r County Administrative Services 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 Contract❑ 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 emailed at rhondacummings @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, Clerks Finance Supervisor, Finance Department Liz DeLeon, Project Manager Pur.;r;asmq Der.T1,Tem • 3301 ; amiami Trail East • Naples Florida 341,12 - wv w.coilieraob net1purchasmg