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Commissioner Solari reminded the Commissioners that H & D's bid would <br />provide a $170,000 savings to the citizens of the County, and felt that the determining factor in <br />this situation should not be the protest letter, but whether the actual items which were missing <br />were substantive enough to turn away the bid award from H & D. <br />Director Davis next provided the details of the License Agreement with <br />HydroMentia; reported that SJRWMD was fully behind funding this item; and re -stated staff's <br />recommendation to award the bid to Close Construction, and to approve the License Agreement <br />with HydroMentia. He felt comfortable that SJRWMD would execute the $1.5 million Grant <br />Agreement on December 9, 2008, which documents would be brought back to the Board for <br />execution. <br />Further discussion ensued as staff responded to the Commissioners' questions <br />regarding the two bidders and whether the protest letters submitted by H & D Construction, Inc. <br />(pages 532-537), and by Close Construction, Inc. (pages 470-474) were valid. <br />Malcolm Cunningham, Esquire, representing H & D Construction, Inc., refuted <br />the claim that H & D's original bid package contained sufficient omissions to cause their <br />disqualification. He reminded the Commissioners that $170,000 was a substantial sum, and <br />asked the Board to exercise its power to waive the technicalities and award the bid to H & D. <br />Attorney Collins responded to Commissioner Wheeler's query on which items <br />were omitted by H & D, and which caused staff to award the bid to Close Construction. <br />James Horn, CEO of H & D Construction, acknowledged that the information <br />should have been included in the bid package, and that a mistake had been made, but the <br />information was supplied expeditiously. He told the Board that if his company did not get the <br />job, a lot of local employees would lose jobs. <br />38 <br />November 18, 2008 <br />