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Agenda 05/13/2014 Item #16D 3 5/13/2014 16.D.3. EXECUTIVE SUMMARY Recommendation to waive competition and authorize a single source vendor waiver request to Florida Power & Light (FPL) for the conversion of residential and commercial power service, from aerial to underground and from the street to the electric meter, within the Vanderbilt Beach Municipal Service Taxing Unit (MSTU) boundaries for the MSTU Utility Conversion Project Phases II, III and IV and authorize payment up to $60,000 to FPL. OBJECTIVE: To bury all aerial service power utilities from the Right of Way to the electrical meter within the Vanderbilt Beach MSTU boundaries for hurricane hardening and enhanced beautification in the area. CONSIDERATION: On December 15, 2009, the Board of County Commissioners approved the utilization of MSTU funds for the burial of overhead utilities within the Vanderbilt Beach MSTU boundaries. Phase I of the project has been completed and the power poles were removed in September 2013. Staff is preparing for Phases II, III and IV. The majority of the construction will be competitively solicited for completion by a contractor. However, there are portions of the project that must be completed by FPL in accordance with the Tariff. They must remove the aerial service and install the underground service to each individual residential and commercial user from the edge of the Right of Way to the electric meter. The costs for providing these services are mandated through the Public Service Commission (PSC) Tariff section 10.5.4 or $668.64 for each of 75 residences and approximately $1,000 for each of five businesses. The total cost for this service is estimated to not exceed $60,000. Under FPL Tariff section 10.2.6, the company will design, install, and maintain the electric distribution facilities up to the designated point of delivery except as otherwise noted. The Point of delivery is the electrical meter. Under FPL Tariff section 8.1 Setting and Removing Meters, no one but duly authorized agents of FPL or persons authorized by law shall set or remove, turn on or turn off, or make any changes which will affect the accuracy of such meters. Connections to FPL's system are to be made only by its employees. In accordance with FPL Tariff section 10.5.2 and 10.5.3 Collier County, as the applicant for this project, is responsible for completing a portion of the work from the edge of the Right of Way to the electric meter in preparation for the proposed FPL service. The County has completed a procurement process and awarded work to the lowest of three quotes to County Electrical Contractor, Bentley Electric; to complete that portion of the project. The scope of this work is included in the modified Vanderbilt Beautification MSTU Ordinance No. 2009-70. In accordance with Chapter 287 of the Florida Statutes and Section 60A-1.002(4)(a) of the Florida Administrative Code, "...The following purchases are not subject to competitive solicitation requirements, (a) Regulated Utilities and government franchised services." This applies to FPL Tariff items and exempts them from competitive bidding. In addition to the Statutory and Administrative Code exemptions for competitive solicitation of these services, the Collier County Purchasing Ordinance (No. 2013-69) allows for Single Source procurements at Section 9D(1) where there is only one vendor available that can properly perform the intended function. The Purchasing Director certifies this additional exemption as provided under the Purchasing Ordinance. Packet Page -1053- 5/13/2014 16.D.3. FISCAL IMPACT: Funding for the proposed services is provided in the Vanderbilt Beach MSTU Fund (143)budget. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners waive competition and approve a single source vendor request to Florida Power & Light (FPL) for the conversion of residential and commercial power service, from aerial to underground and from the street to the electric meter, within the Vanderbilt Beach Municipal Service Taxing Unit (MSTU) boundaries for the Utility Conversion Project Phases II, III and IV and authorize payment up to $60,000 to FPL. PREPARED BY: Harry E. Sells, Project Manager,ATM Department Packet Page -1054- 5/13/2014 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to waive competition and authorize a single vendor waiver request for Florida Power & Light (FPL) for the conversion of residential and commercial power service aerial to underground from the street to the electric meter within the Vanderbilt Beach Municipal Service Taxing Unit (MSTU) boundaries for the MSTU Utility Conversion Project Phases II, Ill and IV and authorize payment up to$60,000 to FPL. Meeting Date: 5/13/2014 Prepared By Name: SellsHarry Title: VALUE MISSING 4/11/2014 11:10:08 AM Approved By Name: JohnsonScott Title: Procurement Specialist, Purchasing&General Services Date: 4/18/2014 10:13:44 AM Name: JohnsonScott Title:Procurement Specialist,Purchasing& General Services Date: 4/18/2014 10:13:52 AM Name: ArnoldMichelle Title: Director-Alt Transportation Modes, Alternative Transportation Modes Date: 4/21/2014 3:26:16 PM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 4/22/2014 7:29:37 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 4/23/2014 4:50:09 PM Packet Page-1055- 5/13/2014 16.D.3. Name: SotoCaroline Title: Management/Budget Analyst, GMD Construction &Maintenance Admin Date: 4/24/2014 1:31:22 PM Name: WardKelsey Title: Manager-Procurement,Purchasing&General Services Date: 4/24/2014 5:10:22 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/29/2014 10:45:37 AM Name: CarnellSteve Title: Administrator-Public Services, Public Services Division Date: 4/30/2014 9:02:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/1/2014 8:17:26 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 5/2/2014 5:36:48 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/5/2014 1:52:33 PM Packet Page -1056- 5/13/2014 16.D.3. GENERAL RULES AND REGULATIONS FOR ELECTRIC SERVICE-Florida Power and Light Tariff 2.2 Point of Delivery. This is the point where the Company's wires or apparatus are connected with those of the Customer. The point of delivery shall be determined by the Company. 5.1 Relocation of Company's Facilities. When there is a change in the Customer's operation or construction which, in the judgment of the Company, makes the relocation of Company's facilities necessary, or if such relocation is requested by the Customer, the Company will move such facilities at the Customer's expense to a location which is acceptable to the Company. 8_1 Setting and Removing Meters. None but duly authorized agents of the Company or persons authorized by law shall set or remove, turn on or turn off, or make any changes which will affect the accuracy of such meters. Connections to the Company's system are to be made only by its employees. 10.2.6.Design and Ownership The Company will design,install,own,and maintain the electric distribution facilities up to the designated point of delivery except as otherwise noted.Any payment made by the Applicant under the provisions of these Rules will not convey to the Applicant any rights of ownership or right to specify Company facilities utilized to provide service. SECTION 10.5 UNDERGROUND SERVICE LATERALS REPLACING EXISTING RESIDENTIAL OVERHEAD AND UNDERGROUND SERVICES 10.5.1.Applicability When requested by the Applicant,the Company will install underground service laterals from existing systems as replacements for existing overhead and underground services to existing residential buildings containing less than five individual dwelling units. 10.5.2.Rearrangement of Service Entrance The Applicant shall be responsible for any necessary rearranging of his existing electric service entrance facilities to accommodate the proposed underground service lateral in accordance with the Company's specifications. 10.5.3 Trenching and Conduit Installation The Applicant shall also provide, at no cost to the Company, a suitable trench,perform the backfilling and any landscape,pavement or other similar repairs and install Company provided conduit according to Company specifications.When requested by the Applicant and approved by the Company,the Company may supply the trench and conduit and the Applicant shall pay for this work based on a specific cost estimate. Should paving,grass, landscaping or sprinkler systems need repair or replacement during construction,the Applicant shall be responsible for restoring the paving,grass, landscaping or sprinkler systems to the original condition. 10.5.4. Contribution by Applicant a)The charge per service lateral replacing an existing Company-owned overhead service for any density shall be: Applicant's Contribution 1.Where the Company provides an underground service lateral: $668.64 2. Where the Company provides a riser to a hand hole at the base of the pole: $911.67 b)The charge per service lateral replacing an existing Company-owned underground service at Applicant's request for any density shall be: 1. Where the service is from an overhead system: $700.10 2. Where the service is from an underground system: $605.93 c)The charge per service lateral replacing an existing Customer-owned underground service from an overhead system for any density shall be: $494.02 d)The charge per service lateral replacing an existing Customer-owned underground service from an underground system for any density shall be: $159.40 The above charges include conversion of the service lateral from the last FPL pole to the meter location.Removal of any other facilities such as poles,down-guys, spans of secondary,etc.will be charged based on specific cost estimates for the requested additional work. Packet Page -1057- 5/13/2014 16.D.3. ***Attachment*** Compatibility/Proprietary Under FPL Tariff section 10.2.6 The Company will design,install,own,and maintain the electric distribution facilities up to the designated point of delivery except as otherwise noted. The Point of delivery is the electrical meter. FPL is required by tariff to provide this link and make this connection of the meter to FPL's system by their employees only. The charge by FPL for this service is$668.64 per residence. This Waiver covers approximately 74 residences. In accordance with tariff section 10.5.2 and 10.5.3 Collier County is responsible for completing a portion of the work in preparation for the proposed FPL Service. Packet Page-1058- 5/13/2014 16.D.3. 60A-1.002 Purchase of Commodities or Contractual Services. (1) Agencies are delegated the conditional authority to purchase commodities or contractual services (except insurance, unless permitted pursuant to Section 287.022,F.S.).The conditions of this delegation are(i)that the agencies comply with the requirements of subsection 287.042(12),F.S.; (ii)that State Purchasing retains the full supervisory authority provided by that subsection;and(iii) that State Purchasing reserves the right to rescind the authority delegated to all agencies by amendment to this rule and reserves the right to rescind the authority delegated to an agency for failure to comply with that subsection. (2) Purchases with value below$2,500 shall be carried out using good purchasing practices. Such practices include but are not limited to the receipt of written quotations or written records of telephone quotations. (3) Purchases which meet or exceed $2,500, but are less than or equal to the threshold for Category Two may be made using written quotations, written records of telephone quotations, or informal bids to be opened upon receipt, whenever practical. If the agency receives verbal quotations, the name and address of each respondent and the amount quoted shall be a part of the written documentation. If the agency receives less than two quotations, it must include a statement as to why additional quotes were not received. If the agency determines that commodities or contractual services are available only from a single source, or that conditions warrant negotiation on the best terms and conditions, the agency may proceed with the procurement. The agency shall document the conditions and circumstances used to determine the procurement method. (4) In accordance with Chapter 287, F.S., all purchases for which the total contract value is in excess of the threshold amount for Category Two for a commodity or group of commodities or contractual service shall be made by first securing formal competitive solicitations, unless an exemption applies. The following purchases are not subject to competitive solicitation requirements. (a)Regulated Utilities and government franchised services. (b)Regulated Public communications,except long distance telecommunications services or facilities. (c) Artistic services, which include any artistic work performed by an artist, as defined in Section 287.012(3), F.S., including cases in which the acquisition requires that the artist furnish a commodity created through the artistic work. (d) An academic program review, defined as a structured evaluation of the relative merits of an established university or secondary educational program or program component conducted by recognized experts in the field of study and resulting in a written report with specific recommendations. (e) Lectures by individuals. A lecture is a formal or methodical reading or presentation on any subject, but it is not intended to be used for the purpose of,or in connection with,training of personnel. (f) Auditing services, which are services provided by a licensee under Chapter 473, F.S., in which the licensee attests as an expert in accountancy to the reliability or fairness of presentation of financial information or utilizes any form of disclaimer of opinion which is intended or conventionally understood to convey an assurance of reliability as to matters not specifically disclaimed. (g) Promotional services and events purchased from donated funds by the Secretary of State for purposes provided in Section 15.18(7),F.S. (h)Payments for membership dues pursuant to Section 216.345,F.S. (i)Examinations approved in accordance with Section 455.217(1)(c),F.S. (j)Adoption placement services licensed by the Department of Children and Family Services. (k)Other purchases identified in Section 287.057(5)(f),F.S. (1)Purchases from alternate contract sources,pursuant to Section 287.042(16),F.S. (m) Purchases made by agencies pursuant to Section 287.056(1), F.S., from state term contracts competitively procured by the Department. (5) When determining the amount or amounts of purchases for the purpose of applying the threshold categories, agencies shall follow the definitions and classes and _groups of commodities or contractual services established by the Department. Acquisitions shall be reviewed and considered on an agency-wide basis, except that acquisitions by agencies with decentralized purchasing functions shall be considered and reviewed on the basis of each purchasing office that maintains full-time purchasing staff. A purchasing office shall not divide its purchases or its purchasing operations to circumvent these requirements. Determination of the threshold amount for Category Two for lease or rental is based on a twelve(12)month period of time. Extension of a contract for an additional period of time is not subject to this provision. (6) In any procurement which exceeds the threshold amount for Category Two and is accomplished without competition, the Packet Page -1059- 5/13/2014 16.D.3. individuals taking part in the development or selection criteria for evaluation, the evaluation process, or the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected. The attestation shall be placed in the agency file. (7) All formal solicitations issued by an agency shall include the standard "General Contract Conditions" Form PUR 1000 (11/04), and the standard "General Instructions to Respondents" Form PUR 1001 (11/04), each of which is hereby incorporated by reference.The forms are available on the internet at http://dms.myflorida.com/purchasing.Except as modified by an agency pursuant to the following subsections,these instructions shall apply to all formal solicitations and these conditions shall be part of all resulting contracts. (a) PUR 1001 contains instructions explaining the solicitation process and the actions necessary to respond. The agency shall attach additional materials specific to each particular solicitation, including but not limited to contact information, a solicitation timeline, a location for the public opening, evaluation criteria, required information regarding renewal of the contract, and any other necessary information.These additional instructions are commonly referred to as"Special Instructions to Respondents."In the event of any conflict between Form PUR 1001 and the additional instructions attached by the agency,the additional instructions shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the term contained in PUR 1001 shall take precedence. (b) PUR 1000 contains standard terms and conditions that will apply to the contract which results from the solicitation event. The agency shall attach additional contract terms and conditions specific to each particular solicitation. These additional terms are commonly referred to as"Special Conditions."In the event of any conflict between the PUR 1000 form and any Special Conditions attached by the agency,the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in PUR 1000 shall take precedence. (8) In addition to including the PUR 1001 and PUR 1000, all formal solicitations issued by an agency shall include an Introductory Section, a Special Conditions Section and a Technical Specifications or Statement of Work Section. The Introductory Section shall include an overview of the solicitation and a timeline or calendar of events relevant to the solicitation. As provided in paragraph (7)(b) above, the Special Conditions Section shall be used by agencies to supplement or supersede(d) the General Contract Conditions contained in PUR 1000. The Technical instructions or Statement of Work Section shall be used by agencies to provide detail regarding the scope of contractual services sought or commodities to be procured by the agency through the formal sol icitati on. (9) All contracts entered into as a result of a formal solicitation issued by an agency shall include a contractual condition requiring the vendor to comply with all laws and rules applicable to the vendor providing the commodities or services to the agency. Specific Authority 287.042 FS. Law Implemented 287.042, 287.057 FS. History--New 5-20-64, Amended 4-4-67, Revised 2-6-68, Amended 2-8-69, Revised 5-20-71, Amended 7-31-75, 10-1-78, Revised 11-14-79, Amended 8-18-80, 8-6-81, 10-13-83, 3-1-84, 3-14-84, 11-12-84, 2-28-85, 12-17- 85,Formerly 13,4-1.02,Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92,Formerly 13A-1.002,Amended 4-24-94, 1-9-95, 1-1-96, 3-21- 96, 9-23-96, 7-6-98, 1-2-00, 10-3-04, 12-22-04, 10-15-06. Packet Page -1060- 03�-72316, 5/13/2014 16.D.3. d aE ORDINANCE NO. 2009- 70 a � • Pe61, ac:3\'' ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 200143,AS AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND GOVERNING BODY; PROVIDING FOR A NEW SECTION GOVERNING THE CONVERSION OF OVERHEAD UTILITY DISTRIBUTION FACILITIES TO UNDERGROUND SERVICE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Ordinance No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit; and WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit Advisory Committee requested that the Board of County Commissioners amend and revise Section Three of Collier County Ordinance No. 2001-43; and WHEREAS, on December 15, 2009, the Board of County Commissioners as the governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved the amendment to Ordinance No. 2001-43. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-43, as amended, is hereby further amended to read as follows: SECTION ONE: Amendment to Section Three Purpose and Governing Body Section Three, Purpose and Governing Body of Collier County Ordinance No. 2001-43 is hereby amended to read as follows: 1 Underlined words are added: Struck Thrnugh words are deleted. Packet Page -1061- 5/13/2014 16.D.3. SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of: (1) Providing curbing, watering facilities, plantings and maintenance of the median strips and right-of-way edges of roadways within the MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU, including providing underground trenching and burial of utility lines from the street or transformer to private residences and, as needed, arranging to locate the burial of such power lines alongside any existing utility easements, as well as. connecting service and/or disconnecting service to the external portions of the residences required as part of converting overhead utility distribution facilities to underground service but excluding the expenditure of service to residences required by current code or resulting from any other hardware nonconformity. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: Conversion of Overhead Utility Distribution Facilities to Underground Service (a) The conversion of overhead utility distribution facilities to underground service is intended to provide aesthetic benefits, enhancing both the property values and quality of life of the residents of the MSTU, and would reduce instances of power outages resulting from overhead power lines from both natural and man-made occurrences thereby promoting the health, safety, and welfare of those residents. (b) The MSTU shall notify each property owner that the existing overhead utility distribution service will be disconnected for conversion to underground facilities at least sixty Underlined words are Packet Page -1062-igh words are deleted. 5/13/2014 16.D.3. (60) days (hereinafter referred to as the "notice") prior to a specified date(s) certain of the actual underground conversion. The notice shall be served by certified mail, addressed to the owner or owners of the property described as their names and addresses are shown upon the records of the county tax assessor, or other such public records filed in Collier County, Florida, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail. In the event such notice is returned by postal authorities,_a copy of the notice is to be served by a law enforcement officer, or other lawfully authorized process server, upon the occupant of the land or any agent of the owner thereof. In the event that personal service upon the occupant of the land or upon any agent of the owner thereof cannot be performed after reasonable search by a law enforcement officer or other lawfully authorized process server,the notice shall be served by physical posting on said property. (c) Within sixty (60) days from the date of the MSTU's notice that overhead utility distribution facilities are ready to be converted to underground distribution facilities, owners and occupants of property within the MSTU shall allow access to their premises and cooperate with the contractor retained for the project so that the conversion of the overhead facilities underground can be accomplished. (d) Whenever overhead utility distribution facilities are converted underground, such facilities shall remain underground and may not thereafter be converted to overhead facilities, except with the prior approval of the governing body, and only in instances necessary to promote the health, safety and welfare of the MSTU residents. (e) This article may be enforced by all available means authorized by law. The ivISTU, through its governing body, shall take any and all steps necessary to ensure the health, 3 Underlined words are Packet Page-1063-ugh words are deleted. 5/13/2014 16.D.3. safety, and welfare of all residents within the MSTU during the underground conversion of utilities. SECTION THREE: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in The Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 15Th day of DE(P M/J Pie , 2009. 4 Underlined words are ,Packet Page -1064-igh words are deleted. 5/13/2014 16.D.3. ATTEST J,* . '"n 74, BOARD OF OUNTY COMMISSIONERS DWIG'HT E. BRO ,,CI Clerk OF COLL COUNTY,FL9RIDA CAAL, Deput .Clerk l ". Air" DO A FIALA, CHAIRMAN AMA nite ANR1 $ timbre soli Approved as to form and Legal sufficiency: fr Scott R. Teach Deputy County Attorney This ordinance flied with the Sec►,eto y of State's Office e lismckhr of _i and acktowtedgensent of that Eflir►} 'heceived this da of 1! �. .. Y 5 Underlined words are Packet Page -1065-ugh words are deleted. 5/13/2014 16.D.3. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2009-70 Which was adopted by the Board of County Commissioners on the 15th day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 2009 . DWIGHT E. BROCK . :; Clerk of Courts: acid 'Clerk Ex-officio to Board of County Commissioners IP U U1 J N By: Martha yerg&ra, Deputy Clerk Packet Page -1066-