Agenda 04/23/2024 Item #16B12 (Waiving the $1M dollar cap for Contract #20-7800 and award a Work Order to Quality Enterprises USA, Inc.)04/23/2024
EXECUTIVE SUMMARY
Recommendation to waive the $1M dollar cap threshold of Agreement No. 20-7800 and award a $1,487,221
Work Order to Quality Enterprises USA, Inc., to complete utility relocations related to the ‘Tiger Grant
Immokalee Area Improvements; approve an Agreement with the Immokalee Water Sewer District for
reimbursement of the funds; and approve any required budget amendments. (Project 33563)
OBJECTIVE: To complete utility relocations in Area #4 of Project No. 33563 ‘Tiger Grant Immokalee Area
Improvements’ (the Project).
CONSIDERATIONS: On February 8th, 2022, the Board of County Commissioners (the “Board”) approved
Agreement No. 20-7811 providing for the design-build of the Project to Quality Enterprises USA, Inc. The project
creates a network of complete streets & improvements that will increase safety by filling in sidewalk gaps, creating
bicycle boulevards, & improving bus stops throughout much of Immokalee. This is a time contingent federal grant
funded project. If the Project is not complete by March 31, 2025, the County will forfeit remaining federal funds to
complete unfinished work.
Immokalee Water Sewer District (IWSD) owns the existing sewer & water mains throughout Immokalee, some of
which are in conflict with the sidewalk and corresponding drainage replacements within the County’s right of way.
IWSD had been self-funding relocations in areas #1 through #3. Area #4 is the largest work area and requires the
most utility relocations. The County has issued a Notice of Relocation of the utility relocations required for Area
#4, as required by Florida Statute § 337.403. However, IWSD has requested an appropriation from the State to
perform the remaining utility relocations. The funds have been approved by the Florida legislature and are awaiting
the Governor’s approval. IWSD does not have the funding to perform the required utility relocations absent receipt
of funding through the State appropriation. At this time, the budget has not been presented to the Governor for
consideration, however, once received, the Governor has fifteen days from the date he receives the budget to sign
the budget bill and exercise line-item vetoes.
The County is proposing to self-perform the IWSD utility relocations in Area #4 in accordance with Florida Statute
§337.403 to maintain the project schedule and not lose the federal grant funding. The attached Agreement provides
that IWSD will reimburse the County for the utility relocations if it receives its appropriations from the State. If
IWSD fails to receive appropriations, the Agreement provides that the County may still pursue any remedy
available to it at law or equity to seek reimbursement of the funds from IWSD. The IWSD Board approved the
agreement on April 17, 2024.
Utilizing Agreement No. 20-7800 ‘Underground Contractor Services’ to competitively bid the relocation work, the
County received 2 bids. This contract carries a cost cap of $1 million, both bids exceed the contractual cost cap,
with the lowest bid coming in at $1,487,221. Due to time constraints, it is recommended to increase the cost cap in
order to proceed with this work order as well as decrease the time requirement for bid solicitation from 10 business
days to 7 days.
Staff therefore recommends that the Board award a Work Order totaling $1,487,221 as bid quantity estimate for the
work, to Quality Enterprises USA, Inc., (QE), under Agreement 20-7800 Underground Contractor Services.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective
transportation system to reduce traffic congestion and improve the mobility of our residents and visitors.
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FISCAL IMPACT: A budget amendment in the amount of $1,487,221 is required to reallocate funds within the
Growth Management Transportation Capital Fund (3081) to Tiger XI Project (33563). Upon completion of the
associated utility work, the County will invoice IWSD for the final and actual costs of the work in accordance with
the attached Agreement.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation
Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the
major roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: Florida Statute §337.403(3) requires the County to self-perform utility relocations
when the authority fails to do so, and allows for the County to invoice the authority for expenses of such relocation.
The purpose of the Agreement is to guarantee reimbursement of the funds if the appropriations request is granted to
IWSD. If IWSD fails to receive appropriations, the Agreement provides that the County may still pursue any
remedy available to it at law or equity to seek reimbursement of the funds from IWSD. As such, this item is
approved as to form and legality and requires a majority vote for approval. -SAA
RECOMMENDATION: That the Board approve a Purchase/Work Order for Agreement 20-7800 Underground
Contractor Services in the amount of $1,487,221.00, waive the $1M dollar cap threshold, and decrease the time
requirement for bid solicitation from 10 business days to 7 days for this work under the continuing services contract
in order to complete utility relocations related to Project No. 33563 ‘Tiger Grant Immokalee Area Improvements;
approve and authorize the Chairman to execute an Agreement with the Immokalee Water Sewer District for
reimbursement of the funds; and approve any required budget amendments.
Prepared by: Jamie Khawaja, Project Manager II, Transportation Engineering Division
ATTACHMENT(S)
1. Notice to Relocate Utilities Immokalee TIGER Grant Area IWSD 2024.03.04 (PDF)
2. Signed Agreement (PDF)
3. ITGP- IWSD Relocate WO Executed (PDF)
4. RFQ form_ ITGP Area 4 IWSD Relocations_Rev 3-22-2024 (PDF)
5. ITGP- 20-7800 -RFQ Reasons from Non bidders (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.12
Doc ID: 28559
Item Summary: Recommendation to waive the $1M dollar cap threshold of Agreement No. 20-7800 and award a
$1,487,221 Work Order to Quality Enterprises USA, Inc., to complete utility relocations related to the ‘Tiger Grant
Immokalee Area Improvements; approve an Agreement with the Immokalee Water Sewer District for
reimbursement of the funds; and approve any required budget amendments. (Project Number 33563)
Meeting Date: 04/23/2024
Prepared by:
Title: – Transportation Engineering
Name: Kimberly Brandes
04/11/2024 2:47 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
04/11/2024 2:47 PM
Approved By:
Review:
Transportation Engineering Matthew Thomas Other Reviewer Completed 04/15/2024 2:00 PM
Transportation Engineering Jay Ahmad Other Reviewer Completed 04/15/2024 2:26 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 04/15/2024 3:03 PM
Transportation Management Operations Support Tara Castillo Other Reviewer Completed
04/15/2024 4:23 PM
Transportation Engineering Lisa Taylor OMB Reviewer Completed 04/17/2024 9:47 AM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 04/17/2024 12:05 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 04/17/2024 1:06 PM
Transportation Management Services Department Trinity Scott Transportation Completed
04/17/2024 1:15 PM
Procurement Services Trinity Scott Level 1 Purchasing Gatekeeper Skipped 04/17/2024 1:15 PM
County Attorney's Office Sally Ashkar Other Reviewer Completed 04/17/2024 1:19 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/17/2024 1:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/17/2024 2:16 PM
Community & Human Services Maggie Lopez OMB Reviewer Completed 04/17/2024 3:16 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/17/2024 5:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
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Covmty
Transportation Management
Services Department
Transportation Engineering Division
Notice to Relocate Utilities, consisting of (underground and overhead facilities)
(Immokalee TIGER Grant Area 4)
Name of Facility: Immokalee TIGER Grant Area
(Range 29, Township 46, Section 28,33, 34 I Range 29, Township 47, Section 3, 4, l0)
Collier County, Florida,
Project No.33563
Datei 0310412024
Attention SarahCatala@ imm okaleewatersewer. com
lo ui sbrunetti@ i mm okaleewaterserver.com
hectorramos@immokaleewatersewer.com
garyferrante@ i mmokal eewatersewer.com
lanceyork@immokaleelvatersewer.com.
Please accept this letter as Collier County's written notification of the need to relocate the above-referenced
utility facilities which, as currently located, unreasonably interfere with anticipated infrastructure
improvements to commence on April 1,2024.
The County is providing this notification with the intent that you will immediately commence review of
this matter and coordinate the relocation of the affected utilities with the County to avoid any potential
delay or interference in the progress ofthe road construction. In the event that it appears that efforts are
not made to relocate the utilities in a manner compatible with the County's construction schedule, the
County will request the Board of County Commissioners to issue a Resolution directing the issuance of an
order for the removal or relocation of the utilities.
Florida Statutes, $ 337.403(l) requires the removal of utilities that unreasonably interfere with the
maintenance or improvement of public roads, as follows:
(l)or within the an
public road or publicly owned rail corridor is found by the authority to be unreasonably
interfering in any way with the convenient. safe. or continuous use. or the maintenance.
improvement. extension. or expansion. of such public road or publicly owned rail corridor,
the utility owner shall. upon 30 davs' written to the utility or its asent by the
authority. initiate the work necessary to alleviate the interference at its own expense exceot
as provided in parasraphs (a)-(j). The work must be completed within such reasonable
time as stated in the notice or such time as agreed to by the authority and the utilit-v owner.
ln the event that the owner of the utility fails to remove or relocate the utility, the statute further provides:
"(3) Whenever a notice from the authority requires such utility work and the owner thereof
fails to perform the work at his or her own expense within the time stated in the notice or
such other time as agreed to by the authority and the utility owner, the authority shall
proceed to cause the utility work to be performed. The expense thereby incurred shall be
paid out of any money available therefore, and such expense shall, except as provided in
subsection (1), be charged against the owner and levied and collected and paid into the
fund from which the expense of such relocation was paid."
2885 Horseshoe Drive South . Naples, Florida 34104 .239-252-S192.wr,rnai.colliercountyfl.gov
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Packet Pg. 780 Attachment: Notice to Relocate Utilities Immokalee TIGER Grant Area IWSD 2024.03.04 (28559 : Immok.TIGER Area4 IWSD Reloc Recommend
Please be advised that if the above utilities are not relocated within (30 days) and/or the County incurs
additional expense related to having to unilaterally relocate those utilities, the County will expect
reimbursement from you zrs owner of the utilities. You may direct your communication regarding the
relocation of the utilities to:
Jamie Khawaja
Project Manager II
Jam i e. khawaj a@col I i ercountyfl . gov
239-253-0354
Respectfully,
AhmadJa Digitally signed by
AhmadJay
Date: 2024.03.04
13:38:08 -05'00'v
Jay Ahmad, P.E.
Director
Transportation Engineering Division
Transportation Management Serv ices Department
2885 S. Horseshoe Drive
Naples, Florida 34104
Tel: (239) 213-58'76
2885 Horseshoe Drive South ' Naples, Florida 34104 '239-2525192 'www.colliercountyfl.gov
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Packet Pg. 781 Attachment: Notice to Relocate Utilities Immokalee TIGER Grant Area IWSD 2024.03.04 (28559 : Immok.TIGER Area4 IWSD Reloc Recommend
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Packet Pg. 782 Attachment: Signed Agreement (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800 Utility
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Packet Pg. 783 Attachment: Signed Agreement (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800 Utility
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Packet Pg. 784 Attachment: Signed Agreement (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800 Utility
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Packet Pg. 785 Attachment: Signed Agreement (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800 Utility
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Packet Pg. 786 Attachment: ITGP- IWSD Relocate WO Executed (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800
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EMAIL SOLICITATION TO ALL VENDORS16.B.12.c
Packet Pg. 792 Attachment: ITGP- IWSD Relocate WO Executed (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800
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QE QUOTE16.B.12.c
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DN HIGGENS QUOTE16.B.12.c
Packet Pg. 804 Attachment: ITGP- IWSD Relocate WO Executed (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement No. 20-7800
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Packet Pg. 811 Attachment: RFQ form_ ITGP Area 4 IWSD Relocations_Rev 3-22-2024 (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO
Contractor/Vendor Contact #
attempted
Reason for Lack or Response to Agreement 20-7800 Underground Services RFQ dated
03/21/2024 Relocations For Immokalee Water & Sewer Dist
Response Recived
Y/N
Kyle Construction, Inc.(239) 643-7059 Kyle was not interested in Bidding.Y
Mitchell & Stark Construction Co., Inc.(239) 597-2165
Mr. B Penner in a meetings all day and out this week. Returns next week. He will get
message upon his return to call us back.Y
Haskins, Inc.(239) 947-1846 Not enough employees for the project and extreemly busy.Y
Southwest Utility Systems, Inc.(239) 267-0200 Not reaching out is due to lack of interest in the RFQ.Y
PWC, LLC (239) 270-5907 Not interested and didn’t have enough people to cover the project.Y
Coastal Concrete Products (239)208-4079
Underground crews are tied up, no one avialable for the foreseeable future, & the amount
of work & complexity is greater then their undergroung crews would typically undertake.
Spoke to Maritza Aguiar.
Y
No Response
Bidder Follow up
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Packet Pg. 812 Attachment: ITGP- 20-7800 -RFQ Reasons from Non bidders (28559 : Immok.TIGER Area4 IWSD Reloc Recommend to Approve WO Agreement