Agenda 09/10/2013 Item #16E 8 9/10/2013 16.E.8.
EXECUTIVE SUMMARY
Recommendation to ratify County Purchase Order 4500135066 in the amount of
$85,179 and approve the payment of invoices to Florida Power & Light
Corporation in conjunction with Board approved contract 12-5900 Bayview Park
Phase II and III Expansion Project.
OBJECTIVE: This project implemented the second phase of a plan to improve parking, lighting,
drainage and landscaping at Bayview Park, which included relocating power lines within the
utility easement, owned by Florida Power & Light (FPL).
CONSIDERATION: On September 25, 2012 (Item 16D7), the Board approved contract 12-5900
to Quality Enterprises USA, Inc., in the amount of $594,692.86, for the construction of Bayview
Park Phase II & Ill. The scope of work in the construction documents required the contractor to
coordinate all utility relocation (with FPL). While the Executive Summary addressed the total
scope of the project, it did not specifically address FPL's letter dated September 26, 2011,
addressing the specific costs to the County for the relocation.
The Growth Management Division requested a purchase order for the FPL work on March 9,
2012 with information that contained the notation: "FPL electrical services to convert OH electric
to UG conversion for Bayview Park Phase II and III Project (346-110418-643100-8060.1.).
Purchasing staff reviewed the requisition and based on the background information relating to
the Board approved project, issued the purchase order on March 9, 2013, with the
understanding that:
• FPL was the only vendor who could have performed the relocation work;
• FPL provided a cost estimate prior to the start of the project;
• The scope of work approved by the Board included several references to the FPL work;
and
• In accordance with Section 255.20(1) Florida Statutes, the construction, repair or
improvement of an electric utility system does not need to be competitively awarded
where the work is performed by personnel of the utility system. See also Florida
Administrative Code Section 60A-1.002(4)(a) Purchase of Commodities or Contractual
Services, which states:
(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 subiect to competitive solicitation
requirements.
(a) Regulated utilities and government franchised services.
(emphasis added)
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9/10/2013 16.E.8.
Since this was not specified in the Executive Summary, Staff should not have issued the
purchase order without the expressed authority/approval from the Board.
FPL has now completed the relocation work to the satisfaction of the County's project manager
and the final invoices have been provided. Staff is requesting the Board's ratification of County
Purchase Order 4500135066 in the amount of$85,179 and approval of the payment of invoices
to Florida Power & Light Corporation in conjunction with Board approved contract 12-5900
Bayview Park Phase II and III Expansion Project.
FISCAL IMPACT: A budget amendment is required in the amount of $75,000 in the Parks
Capital Project Fund 306, so that the FP&L invoices are paid out of the appropriate funding
source. Source of funding is Boater Registration money.
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 ratifies County Purchase Order 4500135066 in the
amount of $85,179 and approves the payment of invoices to Florida Power & Light Corporation
in conjunction with Board approved contract 12-5900 Bayview Park Phase II and III Expansion
Project and approve the necessary budget amendment.
PREPARED BY: Rhonda Tibbetts, Operations Manager, Purchasing Department
Attachments:
• Approved Executive Summary 12-5900 (9/25/12; Item 16D7)
• Excerpt of Plans and Specifications
• FPL Letter Dated 9/26/2011
• Excerpt of Florida Administrative Code 60A-1.002
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9/10/2013 16.E.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.8.
Item Summary: Recommendation to ratify County Purchase Order 4500135066 in the
amount of$85,179 and approve the payment of invoices to Florida Power& Light Corporation
in conjunction with Board approved contract 12-5900 Bayview Park Phase II and Ill Expansion
Project.
Meeting Date: 9/10/2013
Prepared By
Name: TibbettsRhonda
Title: VALUE MISSING
8/8/2013 3:53:37 PM
Submitted by
Title: VALUE MISSING
Name: TibbettsRhonda
•
8/8/2013 3:53:38 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 8/12/2013 10:37:50 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 8/12/2013 1:52:29 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 8/13/2013 11:07:52 AM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 8/19/2013 10:37:28 AM
Packet Page -1574-
9/10/2013 16.E.B.
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/20/2013 9:26:40 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 8/21/2013 2:44:02 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/28/2013 12:00:43 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 9/3/2013 3:06:45 PM
Name: OchsLeo
Title: County Manager
Date: 9/3/2013 3:33:52 PM
Artok
Aolok
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BCC APPR 09 9/10/2013 16.E.8.
ITE4 #16.D.
EXECUTIVE SUMMARY
Recommendation to award Bid No. 12-5900 to Quality Enterprises USA, Inc., in the
amount of $594,692.86 for the construction contract of the Bayview Park Phase II & III
Project No. 80060; authorize budget amendments totaling $369,355.83 and authorize the
Chairman to sign the County Attorney approved Contract.
OBJECTIVE: Recommendation to award Bid No. 12-5900 to Quality Enterprises USA, Inc.
to implement the second phase of a plan to improve parking, lighting, drainage and landscaping
at Bayview Park.
CONSIDERATION: On March 9, 2010, the Board of County Commissioners approved the
final design engineering concepts for the Bayview Park Improvement Project Phase I, II, & III.
A request for bids was posted in the lobby of the Purchasing Department on March 9, 2012 with
1,297 vendors notified, 128 bidders downloaded plans and on June 13, 2012, six (6) bids were
received by the deadline for the construction of the Bayview Park Phase II & III Project Bid No.
12-5900. The apparent lowest and qualified bidder was Quality Enterprises USA, Inc. Staff
carefully evaluated the bids that were received and determined Quality Enterprises USA, Inc. is
the lowest qualified bidder for the award of Bid No. 12-5900.
The scope of work associated with the award of this bid will include the modification and
upgrading of the existing parking lot spaces from 16 boat trailer parking spaces to 58 spaces,
new underground electrical service, new lighting plan, landscaping improvements, stormwater
drainage improvements, and 9 (nine) off road street boat trailer parking spaces.
The bid tabulation is as follows:
Bid Tabulation
Stultz, Inc. $748,090.00
DeAngelis Diamond, Inc. $739,739.50
Richards Company $687,000.00
BCBE Construction $680,935.00
Surety Construction Company $615,549.00
Quality Enterprises USA, Inc. $594,692.86
The Engineer's estimated cost of construction of the second phase of this project was
$428,770.00. This is $165,922.86 lower than the Quality Enterprise price of$594,692.86. The
Engineer's estimate for the grass parking lot Geo-Grid stabilizing substrate was underestimated
by approximately $100,000. Staff believes that the balance of the price difference reflects
improved contractor market conditions in SW Florida. Overall, bidding on this project indicates
a very tight spread with Quality Enterprises reflecting the existing market conditions.
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9/10/2013 16.E.8.
Therefore, in consideration of the lowest qualified bidder staff recommends that Bid No. 12-
5900 be awarded to Quality Enterprises USA, Inc. as noted above. Please note that the
recommended vendor is a local vendor.
FISCAL IMPACT: Budget amendments are needed to move money out of the Park and
Recreation Capital Fund 306 reserves in the amount of$286,640.25 and from the Parks Impact
Fee Fund 346 reserves in the amount of$82,715.58. All items which are going to be replaced
(i.e. sidewalks) or relocated (i.e. shade structure) will be paid out of the Parks and Recreation
Capital Fund 306, source of funding is from the General Fund. The increased number of parking
spaces and related costs will be paid from the Parks and Recreation Impact Fee Fund 346, source
of funding is from impact fees. The above required budget amendments are scheduled for
execution in FY 2013.
GROWTH MANAGEMENT IMPACT: This project is consistent with the objectives of
Policy 1.3 of the Growth Management Plan for improved boater access to waterways.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action.—CMG
RECOMMENDATION: Recommendation that the Board of County Commissioners award
Bid No. 12-5900 to Quality Enterprises USA, Inc. for the construction contract of Bayview Park
Phase II & III Project 80060 in the amount of $594,692.86, authorize budget amendments
totaling$369,355.83 and authorize the Chairman to sign the County Attorney approved Contract.
PREPARED BY: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources
Department
ATTACHMENTS: Bid Tabulations; Contract 12-5900.
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9/10/2013 16.E.8.
BAYVIEW PARK IMPROVEMENTS PHASES II and III
The proposed Project shall consist of the construction of additional onsite and offsite boat
trailer/vehicle parking and regular parking spaces both grass and paved, removal and
reconstruction of sidewalks, stormwater management system construction, relocation of
existing shade structures, construction of play area, new pathway and driveway lighting,
landscape, hardscape and irrigation, coordination with FPL contractor for installation of
buried electrical lines and pavement overlay work.
The project shall include but not be limited to the following items: Grubbing and grading
of the site; Construction of the stormwater management pipes and inlets; Construction of
asphalt and grass driveways and parking spaces; Construction of concrete sidewalks;
installation of landscaping, hardscape and irrigation; Boat Ramp repairs and Ramp to
floating dock; and Other miscellaneous work.
This is a lump sum project with all work depicted on the plans to be complete. The
following bid tabulation is meant as a representation to the quantification of work to be
completed.
G:\Current-All Solicitations and Contracts by Fiscal Year\FY 2012\12-5900 Bayview Park Phase 11 and 111 Expansion Project\] Pre Award
Materials\Bid Document.doc
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EXHIBIT J
TECHNICAL SPECIFICIATIONS
1. All roadway materials and work shall be supplied and completed in accordance with
the FDOT "Standard Specifications for Road and Bridge Construction" dated 2010
and the FDOT Design Standards dated 2010, as revised to date.
2. Clearing and grubbing shall include only the work areas of the site. Contractor shall
be responsible for restoring all areas disturbed by his work. All disturbed areas shall
be sodded to match existing or landscaped accordingly.
3. Contractor shall be responsible for coordinating all survey construction layout and
shall utilized Design Professional's survey staff for such layout. Collier County has
previously authorized Design Professional for such services. Scope of survey layout
is included as Exhibit M. Any additional staking or re-staking required for
construction shall be responsibility of Contractor.
4. Contractor shall field verify all existing culverts and structures in which connections
are to be made.
5. Engineer of Record shall perform necessary soil testing for compaction during
construction. Contractor is responsible for all re-testing because of failed
compaction. Contractor shall provide sufficient notice to Engineer on schedule of
testing. Copies of all reports shall be provided to the Contractor.
6. Contractor shall coordinate with all utilities for location of existing facilities prior to
construction including FPL.
7. Contractor shall maintain stormwater pollution prevention until completion of
construction. Contractor shall be responsible for the development of a Stormwater
Pollution Plan and obtain the FDEP/NPDES Stormwater Pollution Permit. This plan
should include the protection of catch basins, curb inlets, adjacent areas (upland and
wetland) and canals. Contractor should utilize silt fences, catch basin inlet devices,
etc. as required. Contractor shall be responsible for maintenance of all Stormwater
protection throughout construction and its subsequent removal.
8. Contractor shall be responsible for all Maintenance of Traffic for the project.
Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the
Manual of Uniform Traffic Control Device (MUTCD, Part VI). All MOT shall be in
accordance with FDOT, County and Right-of-Way permit requirements.
9. Contractor shall coordinate his work with all other County Contractors and workers.
G:\Current-All Solicitations and Contracts by Fiscal Year\FY 2012\I2-5900 Bayview Park Phase II and III Expansion Project\l_Pre Award
Materials\Bid Document.doc
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Florida Power&Light Company
�a-
September 26,2011
Michael Delate,Q.Grady Minor&Associates
Vice President
3800 Via Del Ray
Bonita Springs,FL 34134
Re: Bayview Park Overhead to Underground Utility Conversion
Dear Mr.Delete:
Pursuant to your request for a binding cost estimate,and your payment of$0.00 for the non-refundable engineering deposit,our
engineering cost estimates have been completed. The binding estimate amount,known also as CIAC(Contribution In Aid of
Construction),required.by FPL for converting those overhead electric distribution facilities described in your letter to underground, is
$85.179,00.This CIAC amount is based on the design shown on the attached FPL engineering drawings dated 7/1/2011,revision
N/A.Any non-FPL requested modifications to these drawings will be billed at an hourly rate of$70.00.
This estimate does not include restoration of property affected by the conversion;describing,securing,and recording of easements;
clearing of trench routes;or rearrangement of customer service entrances. This estimate includes no costs you may incur from other
utilities/pole licensees affected by the conversion, These aspects,as stated before,are the responsibility of the applicant.
To fully account for all expenses which are part and parcel of the full cost of conversion and thereby ensure that other FPL customers
do not pay for costs associated with your conversion(and likewise you theirs),FPL requires that the entity or person requesting the
conversion agree to certain terms and conditions. The following identifies some,but is not limited to,the terms and conditions
required of the applicant before commencing with the underground conversion of the overhead electrical distribution system. The
applicant must:
a, enter into agreements that will accommodate the conversion of other pole licensees(e.g.Tel.Co.,CAN);
b. describe,secure,and record all easements(along with opinion of title that they are valid),at no cost to FPL,necessary to
accommodate the underground distribution system;
c. secure all necessary permits before the commencement of construction.
d. be responsible for the costs associated with maintaining service to any affected customer who refuses to rearrange his/her
service entrance to accept service from the underground distribution system;
e. agree to be responsible for all restoration of property affected by the installation of the underground system;
f. protect FPL from any claim or suit regarding restoration or property affected by the conversion;and
g. agree to clear easements of trees and all obstructions that might conflict with construction of the underground system,
This binding cost estimate is valid for 180 days,providing there is no work scope change. The 180 day window can be extended for a
reasonable period of time for good cause. Should you request FPL to perform the conversion,please sign and return the attached
Underground Facilities Conversion Agreement. If you do not request the conversion to be performed,or if the Agreement is not
executed and its terms and conditions complied within the specified time period,your$0.00 engineering deposit will.be forfeited and
the estimate withdrawn. If the agreement is executed and its terms and conditions complied within that time period,FPL will apply the
deposit toward the CIAC amount you would owe for the conversion, The remaining amount of$85,179.00 must be paid prior to
commencement of construction by FPL.
I look forward to hearing from you. Please contact me at 239-353.6025 if you have any questions,
Sincerely,,
f
Jordan Cook,E.I.
Associate Engineer
an FPL Group Company
Packet Page-1582-
9/10/2013 16.E.8.
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9/10/2013 16.E.8.
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
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9/10/2013 16.E.8.
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 Amok
provide detail regarding the scope of contractual services sought or commodities to be procured by the agency through the formal
solicitation.
(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 13A-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.
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