Mariano appointments and diverging diamond

1:00:04Thank you, ma'am. All right, just got a couple things. Um I wanted to make sure there was a clear record since this was a change of something we announced the last meeting. There's been a change in appointments. Commissioner Starkey will be our representative on the Affordable Housing Advisory Committee, and Commissioner Mariano will be um the MPO advisory committee. There's does not immediately need a motion. Um it does not need a motion because It's just that chair's under the um that um authority is under the chair, so Just for the record, that's done. I did want to bring up a little bit about the um

1:00:34the F DOT Diverging Diamond Interchange. I know 'cause I was on a letter with Commissioner Starkey, it was sent to both of us. Starting to get quite a few emails and calls in reference to the d delays on the diverging diamond? It's very frustrating to me. I'm sure it's very very frustrating to all of you too as well. I know when I first came on, and Commissioner Weight first came on, you know, that was slated to be start of what 2024.

1:01:05We worked very hard with our legislators. I know was one of my main priorities to get that thing moved up, which we did, thankfully in r and Rouse help. as well working with Speaker Corcran and and back then S you know and then Senator Simpson and Representative Burgess and got that funding moved up. Well, Now we're into going into 2021. This was supposed to be done in the summer of 21 and be finished and completed. Unfortunately, they're delayed.

1:01:36Um

1:01:38And I did have a nice conversation with um Secretary Gwen, but I did mention to him I'd probably be bringing this up today because I think it's important for the citizens of the constituents to know that obviously this board and this county are very, very supportive, but we have absolutely zero control. When I say zero, zero control over these contractors or that project, because that is a DOT project. Um so I did speak with them and I just wanted for the right. record and for other commissioners, I'm gonna tell you what I heard from him. And the con construction

1:02:09construction company is DA B Constructors.

1:02:12Mm-hmm.

1:02:14Which I'll talk about in a second. afterwards because I think there are on some projects here in Pasco County. Um This was a long conversation. I'm gonna run over a f just a few things. The original project was to be completed, I think, approximately eight hundred days. Um, you know, excluding final touches, cleanup, things like that. But you typically when the project's done you can start driving on the um interchange and they just have some, you know, little things to pick up on and in in and uh And clean up before that. So far the contract has been uh

1:02:44greened, I think it's a hundred and seventy-three days of extension. One hundred and seventy-three days, ninety nine ninety-nine rain days.

1:02:56Ninety nine rain days. I guess if it sprinkles out they don't work. Um thirty-four holidays. I didn't know we had that many holidays. But they'd be granted thirty four holidays. Which seems extreme to me.

1:03:10Um plus 30 for utility companies, they said they stated failing to complete work on time or in 30 plus days for change orders. Um

1:03:21According to the allowances, um the project should be completed by October twenty twenty-one, but the contractor um themselves has projected twenty twenty two, the spring of twenty twenty two.

1:03:36So some of the things that um Secretary Gwyn told me that they're doing Which I think is good. Um they s they're stopping awarding any additional contracts actually to that contractor. That's something I actually don't think I've ever heard happen before, but they are actually not awarding them any additional contracts at this time. Um They've actually approved some variances that will provide, I guess, for some stone wall foundations to help with um the side the walls on the side. They did issue a letter of concern requesting the contractor to apply additional resources

1:04:06to the project. and they want proof from the contractor that they're getting the project back on schedule. which would be a date of October twenty twenty one. Um they've also leveraged their liquidated damages. There's penalties of $10,000 a day or $300K a month for late delivery. So F Dot has stepped in and doing some things. I was also taught that I think they brought them all the way up to Tallahassee to have these discussions. Very, very frustrating. What's unfortunate and really frustrates me is that, and I'm glad they stopped giving this contractor contracts because

1:04:37They have so many projects going on right now, they cannot handle it. They're summing out a lot of their things, but they can't even handle their own projects. And there lies the problem. So are they on any projects right now with Pasco County and it are we able to prohibit them from bidding on any of our projects because they're behind on other projects. And I th they're I know they're on the fifty two project, which is behind. They're on fifty four, which is behind. in our county those are F dot projects, but are they on any Pasco County projects? Right now or They

1:05:08have they recently bid on any projects in Pasco County? And the next question would be for the County Attorney's Office, can we prohibit them from bidding on this project since they're so far behind in others and we know they won't be able to deliver because they can't deliver on their current contracts?

1:05:22So I am waiting to hear back. I'm waiting to hear back from the staff if we have got them on current jobs right now. Um I know we have done work with that company in the past uh as to how their performance was. We'll have to get back with with purchasing and go back through what the what the

1:05:41Yeah. So from my understanding, if I'm having these conversations, they again they are behind on numero numerous projects, all the way up into uh nineteen, if any of you have driven nineteen up in Hernando County, that seems like a never ending project either. And as far you think about how quickly some of our recent projects have gone, say it's State Road fifty six, that was smooth. Right? I mean I don't that might have I may have been ahead of schedule, but I I th pretty much I think it was. Um Worked out great. But it again it's it's frustrating to our constituents here. It's frustrating to the

1:06:11business owners. And I know Commissioner Starkey and I have received a letter from um a group of businesses over on the um east the west side of the interchange, um, everywhere from the outlet mall to across the street to Sierras and all those properties too. I drive it. Daily. My wife drives it daily. My oldest daughter probably drives it three to four times a week in what she does. So Anybody that tells you they're behind?

1:06:42and they're running behind and it's taking a long time to get through that interchange, they're telling the truth. 'Cause I drive it constantly. It's not pleasant. I So we can tell I'm frustrated. Yesterday when I drove through there I took a few photos. I'm not gonna put 'em up. I saw one truck I don't know what he was doing. I'm not a contractor. And I saw two ki guys standing on the sign and I saw a group down below. On a project of that magnitude, those are the only people I saw working on a Monday, a sunny

1:07:12Monday, and a little cool with that actually, um, working on that project, and that was about one fifteen, one thirty when I drove by there. Those are the only people working on that project. That's insane, that's ridiculous, that's embarrassing. Sorry, go ahead.

1:07:27Yeah, so when I received that letter I reached out to Secretary Gwynn right away. Um And um and he, you know, informed me what the actions they were taking against DAB. Um Gave me a little history on DAB that this was a company that was owned by the parents and They kinda retired and gave it to their what, thirty year old son or s you know, a a young man who uh probably has um Gotten

1:07:58in over his head. I will let you know D A B was the develop the builder or the contract winner of the Starkey Gap. what was delayed by at least a year, maybe. Same company. Um we had all kinds of problems with DA B on the on the Starkey Gap. Um we did um just to let you know Commissioner Moore uh send out a letter to Mr. Sierra who I I know personally and Mr. Whitley um letting them know um what Secretary Gwen

1:08:28what the steps were that he was doing. Um we also Um and talking um with Secretary Gwynn, let them know that you know the A big problem with this is this is gonna put them Uh that Divergent Diamond will not be open for next year's holiday season. be in question for that season. But we think the overpass um is it is it right it's the overpass one? No. What there's Maybe

1:08:58password. But they said that there will be another one that will be open that will help relieve this one. I have to look at the right-of-way. Um this is what um what was I oh no, I think Dan Biles told me the Overpass Interchange will be opening in the last quarter of twenty twenty two.

1:09:18We haven't told you.

1:09:20I know, but that's what I was told that it would be opening in the last quarter of 2022. And it may alleviate some of the traffic issues. So is that incorrect? 'Cause that's what we sent them 'cause that's what we were told in my office.

1:09:32It's gonna alleviate traffic, that's why one of the reasons it's being done, but it's not gonna help out with the current situation.

1:09:37Well it's another

1:09:38exit

1:09:38point.

1:09:40Yeah.

1:09:42I mean so it's just a shame that this is put behind that it'll be t you know, the holiday season that's so Good for that that corner. So very unfortunate that um this is happening, but I think DOT is doing as much as they can to push it along.

1:10:00Well I so I'm glad to see the things they are doing now. Um I would you know I've talked to some of our legislators too and I'm gonna continue to talk to some of our other legislators and leadership as well to make sure the pressure stays on because the pressure needs to stay on. Pra if um you know the they can default then, the only problem with defaulting somebody is that unfortunately they have to go through the process again if it puts a behind the delayed for a

1:10:20year.

1:10:21It could do that. So what so let me continue. Um so basically what needs to happen is they need to hold their feet to the fire and if you tell somebody they're not gonna be done in October of twenty one they're supposed to and you find start find them three hundred thousand dollars a month or w withhold their payments, people usually open up their ears. My pin my mind is they should just they should sub out every little piece of that project going forward as DAB, cut their losses, get out. That's my opinion.

1:10:47I think there's a bigger problem here and that is and I think we saw that up in Tallahassee when they um uh they bid on that new uh contractor for um for some uh IT stuff is that They they shouldn't have to take the lowest bidder. They there should be more in that matrix that allows for performance. Yeah. And I think you know that's something we could talk to our legislators about in these purchasing contracts. Performance should count a lot

1:11:17more than it does currently. So

1:11:19there's limited number and and I don't want to get this wrong. Um But either Mr. Steinsteiner, maybe Ralph, I somebody might know. They're unfortunately they're limited to the amount of contractors too, even though some of the contractors are really good contractors because of some of their requirements that can't be met and I think that I don't want to call it a the bond. There's actually s what do you similar to a bond if I'm not correct they must have. There's certain criteria that has to be met. right now. So a lot of some of your contractors are Lily really good

1:11:50and all they're doing is getting the sub work. So you have some of 'em, so XYZ company will get will win the bid. They'll only have to construct I think it's maybe up to thirty percent. of the project possibly and the subs can do up to like seventy percent. So they'll go out there and win all these bids. These and then they'll subcontract all their work. It's a racket. Let's just be honest, it's a racket. So it's unfortunate. They should allow more people to be involved

1:12:20and we wouldn't run into these issues. And I know I'm talking a lot on this, but it's very frustrating. Very, very frustrating. I know it's very frustrating for the citizens and the business owners alike. So hopefully what they're doing and I appreciate Secretary Gwen, I appreciate the pressure they are now at this time putting on them. But again I'll state it never should have gotten this far behind. I think they should have been taken care of a year ago when we saw it was how slow they were running. So Last question then. If they are do not this contractor does not have any current jobs with us, can we prohibit them from

1:12:50moving forward or bidding on any future jobs with Pasco County, considering how its public record how far they be are behind on their projects with the state.

1:13:00If they are not debarred by DOT It's my Off the cuff opinion. um that we probably could not. um prohibit them from bidding on a project. Now That being said, they also have to be responsible and responsive. And so that may be the criteria that they would fall off. Off of the They could be low, but if they're

1:13:30not responsive then responsible. We wouldn't have to award to them. But we'd have to evaluate that when and if they bid and That sort of thing.

1:13:42And to Commissioner Moore's point, can we put in severe financial uh penalties? Are we allowed to write what our own penalties are?

1:13:51We we do in every contract you issue.

1:13:53Whatever we want to s you know, that will assign

1:13:55a penal. Within legal reason, yes. I mean you you currently with contracts like that you have provisions for liquidated damages if they don't finish. I will Yeah, point you back to the Ridge Road widening project and whether or not that really works. Yeah. Um that's you know the We do have we do as a standard matter have those provisions in your contracts.

1:14:26I was gonna go right along that line, so I'm good. But uh you know, Commissioner Starkey Commissioner Moore, thanks for staying on top of it, going through it. I did talk to Secretary of D O T, uh Secretary Gwynn, he's he is phenomenal to work with, so I know he's working for us too, but Keep keep the pressure on.

1:14:41We need to. Any last words, Commissioner Weightman?

1:14:47Here might