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  County Administrator's Report     12. 4.    
BCC Regular Meeting Discussion  
Meeting Date: 01/19/2017  
Issue:    McNeal and Thompson Dirt Road Paving
From: Claudia Simmons
Department: Asst County Administrator  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning McNeal and Thompson Dirt Road Paving - Claudia Simmons, Manager, Office of Purchasing

That the Board choose from the following options:

A. Approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Roberson Excavation, Inc., per the terms and conditions of PD 16-17.001, McNeal and Thompson Dirt Road Paving, in the amount of $2,143,727.12;

OR

B. Reject all bids for PD 16-17.001, McNeal and Thompson Dirt Road Paving, and authorize staff to re-solicit this project;

OR

C. Find Roberson Excavation, Inc., a non-responsible bidder for being "charged by a court of competent jurisdiction with the commission of a criminal offense" and award the contract for PD 16-17.001 to the next applicable low bidder whose costs will be $2,262,646.66;

NOTE:  The next low bidder is not local and the subsequent bidder qualifies for a local preference under County Ordinance 2016-9.  The local vendor will therefore be given the opportunity to match the bid of the non-local vendor.

OR

D. Authorize staff to utilize the General Paving and Drainage Agreement with the low cost vendor, Roads Inc. of NWFL at a combined cost of $1,823,618.32;

NOTE:  A contractor has the option to accept the job at the prices listed on the General Paving and Drainage Agreement.  Roads Inc. of NWFL submitted a bid for $2,322,353.61 on this project and is the local vendor who will be given the opportunity to match the $2,262,646.66 low bid.

AND/OR

E. Suspend Roberson Excavation, Inc., from contracting with Escambia County to provide any goods or services, as allowed under Section 46-102 of the Escambia County Code of Ordinances, for being "charged by a court of competent jurisdiction with the commission of a criminal offense."

Funding:  Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project Number 08EN0068]
BACKGROUND:
The Invitation to Bid PD 16-17.001 was advertised in the Pensacola News Journal on Monday October 3, 2016, Eighteen contractors were notified on Monday, October 3, 2016.  Five Bids and one No Bid were received on November 2, 2016.  At the time of opening, Chavers Construction, Inc., was the apparent low bidder.   The Engineer of Record  completed  the bid tabulation process which resulted in the finding that there were multiplication errors in one firm's bid which made them not be the apparent low bidder.  Based on the bid tabulation the low bidder was determined to be Roberson Excavation, Inc.  On December 7, 2016, the Bid Tab for PD 16-17.001 was posted with the recommendation to award to the low Bidder, Roberson Excavation, Inc.  On December 9, 2016, Chavers Construction, Inc., the firm with the error that caused them not be the low bidder, filed a Protest to the Invitation to Bid PD 16-17.001, McNeal and Thompson Dirt Road Paving.  The Informal Hearing of the Protest with the Purchasing Manager was held on December 14, 2016, in accordance with Escambia County Code of Ordinances 46-101, Protested Solicitations and Awards.  On December 15, 2016, Chavers Construction, Inc., was provided the written statement of the results of the Informal Hearing and the denial of the protest on the grounds of the provisions of Escambia County Code of Ordinances 46-83 (a)(1) and (2),  prohibiting  changes to unit prices or correction of bid mistakes after the bid opening that would cause such bidder to have the low bid.

On January 5, 2017, the Board upheld the Special Master's denial of the Chavers protest and requested that staff return options to them for this project and solicitation.  The options are included above.
BUDGETARY IMPACT:

Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project Number 08EN0068
LEGAL CONSIDERATIONS/SIGN-OFF:
N/A
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
This recommendation is in compliance with Escambia County Cofe of Ordinances Chapter 46 Article II Purchases and Contracts. The Invitation to Bid PD 16-17.001 was advertised in the Pensacola News Journal on Monday October 3, 2016, Eighteen contractors were notified on Monday, October 3, 2016.  Five Bids and one No Bid were received on November 2, 2016.  At the time of opening, Chavers Construction, Inc., was the apparent low bidder.  The Engineer of Record  completed  the bid tabulation process which resulted in the finding that there were multiplication errors in one firm's bid which made them not be the apparent low bidder.  Based on the bid tabulation the low bidder was determined to be Roberson Excavation Inc.  The Bid Tab for PD 16-17.001 was posted with the recommendation to award to the low Bidder, Roberson Excavation, Inc., on December 7, 2016.  On December 9, 2016, Chavers Construction, Inc., the firm with the error that caused them not be the low bidder, filed a Protest to the Invitation to Bid PD 16-17.001, McNeal and Thompson Dirt Road Paving.  The Informal Hearing of the Protest with the Purchasing Manager was held on December 14, 2016, in accordance with Escambia County Code of Ordinances 46-101, Protested Solicitations and Awards.  On December 15, 2016, Chavers Construction, Inc., was provided the  written statement of the results of the Informal Hearing and the denial of the protest on the grounds of the provisions of Escambia County Code of Ordinances 46-83 (a)(1) and (2),  prohibiting  changes to unit prices or correction of bid mistakes after the bid opening that would cause  such  bidder to have the low bid.
IMPLEMENTATION/COORDINATION:
Purchasing will distribute the agreement and Purchase Order.

Attachments
Bid Tab
Determination to Award
Bit Tabulation calculations
Protest Request
PM response to Protest
Agreement

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