Agenda 04/28/2020 Item #16A33 (Agmt. #14-6213 Work Order w/Kyle Construction)04/28/2020
EXECUTIVE SUMMARY
Recommendation to award a Work Order to Kyle Construction, Inc., under Agreement No. 14-
6213, for Lely Golf Estates Stormwater Improvement Project, in the amount of $103,670 and
authorize the necessary budget amendment. (Project 60224)
OBJECTIVE: To award a Work Order to Kyle Construction, Inc., in the amount of $103,670, and
approve an owner’s contingency of $6,330 for unforeseen costs on the project.
CONSIDERATIONS: The Lely Golf Estates Stormwater Improvement project is located on the east
side of Big Springs Drive. The scope of work includes the area along the Big Springs Drive Right of
Way and extends approximately 251 linear feet east to an existing lake through drainage easements
located between two residential lots.
The project will consist of removing an existing valley gutter inlet box and approximately 251 linear feet
of 24”x 38” elliptical corrugated metal pipe on Big Springs Drive. This portion of the Lely Golf Estates
stormwater drainage system was built in the 1970’s and has started to rust and collapse in certain
portions creating an underperforming, unreliable and dangerous drainage system that needs to be
replaced with new drainage pipe materials. The replacement infrastructure will consist of a curb inlet
box and 30-inch HDPE stormwater pipe with a mitered end section outfall into the lake.
RWA Engineering, Inc. recently completed the design plans for this project, and the South Florida Water
Management District has issued a permit (ERP #191122-2359) to perform the work.
On November 7, 2019, the Procurement Services Department released Invitation to Bid #1910-007 to six
(6) vendors under Agreement No. 14-6213, the Underground Utility Contractors contract. Staff found
five (5) bidders responsive and one (1) bidder non-responsive, per the below chart.
Company Name City County State Bid Amount Responsive
Kyle Construction, Inc. Naples Collier FL $103,670 Yes
Quality Enterprises USA Naples Collier FL $124,020 Yes
Haskins, Inc. Bonita Springs Lee FL $175,875 Yes
Douglas Higgins, Inc. Naples Collier FL $177,130 Yes
Mitchell & Stark Const. Co.
Inc.
Naples Collier FL $242,976 Yes
Southwest Utility Systems,
Inc.
Fort Myers Lee FL $ N/A No
The County’s Stormwater Division staff and the design engineer tabulated and verified the bids received.
Staff is recommending award, to the lowest, responsive/responsible bidder, Kyle Construction, Inc., for a
total contract amount of $103,670. Staff and the County’s Design Consultant RWA Engineering, Inc.,
performed a bid analysis to determine if there were any anomalies in the bids and noted no
discrepancies. Therefore, staff recommends awarding this project to the low bidder, Kyle Construction,
Inc.
Subject to the Board’s approval, the work will be completed under Agreement No. 14-6213 through the
issuance of a Work Order in the amount of $103,670 to Kyle Construction, a copy of which is attached.
Although not anticipated, staff also requests that the Board approve an owner’s contingency allowance in
the amount of $6,330 in the event there are unforeseen underground complications that impact the final
16.A.33
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04/28/2020
cost of the project. The contingency will only be utilized if necessary and consistent with the County’s
Purchasing Ordinance and Policy regarding such matters.
FISCAL IMPACT: A budget amendment in the amount of $ 110,000 is needed to move funding from
Project Number 60222 to Project Number 60224 within Stormwater Capital Fund 325. This amount
includes a small contingency in the amount of $6,330 for unforeseen cost in the project. Source of funds
are Ad Valorem.
Since the County already maintains the asset, minimal to no maintenance costs are expected to be
incurred within the first five (5) to seven (7) years.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority
vote for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the goals and
objectives of the Drainage Sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board award a Work Order to Kyle Construction, Inc., in the amount
of $103,670, under Agreement No. 14-6213, along with an owner’s contingency allowance in the
amount of $6,330, in the event there are unforeseen underground complications that impact the final cost
of the project, and to authorize the necessary budget amendment.
Prepared by: Richard Orth, P.G., Sr. Environmental Specialist
ATTACHMENT(S)
1. Bid Tab Compilations (PDF)
2. Kyle Construction Lely Work Order0001 (PDF)
3. Project Site Map (flat) (PDF)
4. 2020-04-13 Recommendation Letter (002) (PDF)
5. Kyle Bid Package (PDF)
6. 14-6213 Kyle_Contract (PDF)
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04/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.33
Doc ID: 12056
Item Summary: Recommendation to award a Work Order to Kyle Construction, Inc., under
Agreement No. 14-6213, for Lely Golf Estates Stormwater Improvement Project, in the amount of
$103,670 (Project 60224) and authorize the necessary budget amendment.
Meeting Date: 04/28/2020
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
03/18/2020 10:50 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/18/2020 10:50 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/18/2020 11:15 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/18/2020 1:17 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/23/2020 7:56 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/23/2020 10:52 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/23/2020 3:29 PM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 03/27/2020 10:23 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/30/2020 2:48 PM
Growth Management Department Gino Santabarbara Deputy Department Head Review Skipped 03/18/2020 10:22 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/31/2020 10:18 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/31/2020 3:16 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/31/2020 3:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2020 9:52 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/01/2020 2:28 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/14/2020 1:05 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 04/19/2020 4:40 PM
16.A.33
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04/28/2020
Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM
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Date Sent: Nov 7, 2019 8:55:45 AM ESTQuote Due Date: Nov 21, 2019 3:00:00 PM EST Site Visit: NoneProject Address: 173 and 165 Big Springs Drive, Naples FlAward Criteria: Lowest Total Lump Sum AmountProject Title: 251' of 30" Stormwater Pipe Replacement Plus structuresDue Date: Nov 21, 2019 3:00:00 PM EST SuppliersDESCRIPTION UNIT QUANTITIESUNITCOSTTOTALUNITCOSTTOTALUNITCOSTTOTALUNITCOSTTOTALUNITCOSTTOTALDocuments Verified-Quote Schedule/Instructions Acknowledge.Mobilization/DemobilizationLS 19,000.00$ 9,000.00$ 12,300.00$ 12,300.00$ 28,000.00$ 28,000.00$ 17,000.00$ 17,000.00$ 12,000.00$ 12,000.00$ Record Survey/Record DrawingsLS 13,500.00$ 3,500.00$ 6,000.00$ 6,000.00$ 10,000.00$ 10,000.00$ 4,000.00$ 4,000.00$ 2,775.00$ 2,775.00$ Staked Silt FenceLS 11,000.00$ 1,000.00$ 4,000.00$ 4,000.00$ 1,500.00$ 1,500.00$ 2,200.00$ 2,200.00$ 1,500.00$ 1,500.00$ Inlet Sediment FilterEA 2500.00$ 1,000.00$ 300.00$ 600.00$ 500.00$ 1,000.00$ 300.00$ 600.00$ 300.00$ 600.00$ Turbidity BarrierLS 11,500.00$ 1,500.00$ 4,000.00$ 4,000.00$ 2,500.00$ 2,500.00$ 3,500.00$ 3,500.00$ 6,800.00$ 6,800.00$ Vegetation Removal and RelocationLS 15,500.00$ 5,500.00$ 11,000.00$ 11,000.00$ 25,000.00$ 25,000.00$ 8,000.00$ 8,000.00$ 13,000.00$ 13,000.00$ Existing Stormwater Pipe RemovalLS 18,000.00$ 8,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 9,000.00$ 9,000.00$ 7,000.00$ 7,000.00$ Existing Inlet RemovalEA 11,000.00$ 1,000.00$ 6,000.00$ 6,000.00$ 2,500.00$ 2,500.00$ 2,000.00$ 2,000.00$ 2,500.00$ 2,500.00$ 30" HP Storm PipeLF 251170.00$ 42,670.00$ 120.00$ 30,120.00$ 175.00$ 43,925.00$ 330.00$ 82,830.00$ 660.00$ 165,660.00$ Valley Gutter InletEA 13,500.00$ 3,500.00$ 8,000.00$ 8,000.00$ 7,000.00$ 7,000.00$ 10,000.00$ 10,000.00$ 6,701.00$ 6,701.00$ 30" Outfall StructureLS 110,000.00$ 10,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 11,090.00$ 11,090.00$ Sod Restoration LS 18,000.00$ 8,000.00$ 6,000.00$ 6,000.00$ 7,450.00$ 7,450.00$ 8,000.00$ 8,000.00$ 6,500.00$ 6,500.00$ Pavement Restoration LS 19,000.00$ 9,000.00$ 10,000.00$ 10,000.00$ 21,000.00$ 21,000.00$ 15,000.00$ 15,000.00$ 6,850.00$ 6,850.00$ Lely Golf Estates Stormwater Improvement Project Sub-Total 103,670.00$ 124,020.00$ 175,875.00$ 177,130.00$ 242,976.00$ *The Contractor is responsible to Purchase all MaterialsNotifications Sent: 6Downloaded: 5Submitted: 5Yes/Yes Yes/Yes Yes/Yes Yes/Yes Yes/YesKyle ConstructionQuality Enterprise USA, Inc.Haskins, Inc.Doughlas N Higgins, Inc.Mitchell & Stark Const. Co.Lowest Bid→→→Highest Bid16.A.33.aPacket Pg. 1239Attachment: Bid Tab Compilations (12056 : Lely Golf Estates Stormwater Improvement Project)
16.A.33.b
Packet Pg. 1240 Attachment: Kyle Construction Lely Work Order0001 (12056 : Lely Golf Estates Stormwater Improvement Project)
16.A.33.b
Packet Pg. 1241 Attachment: Kyle Construction Lely Work Order0001 (12056 : Lely Golf Estates Stormwater Improvement Project)
16.A.33.b
Packet Pg. 1242 Attachment: Kyle Construction Lely Work Order0001 (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1243 Attachment: Project Site Map (flat) (12056 : Lely Golf Estates Stormwater Improvement Project)
K:\2013\130063.00.64 Lely Stormwater\003 Build and Construction\Bidding Services\2020-04-13 Recommendation Letter.docx Page 1
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578
www.consult-rwa.com
March 26, 2020
Richard Orth, P.G.
Capital Project Planning, Impact Fees and Program Management Division
Stormwater Management Section
2685 S. Horseshoe Drive, Suite #103
Naples, FL 34104
Subject: Lely Golf Estates Stormwater Improvements
251 Ft of 30 In Stormwater Replacement – Solicitation #1910-007/Contract #14-6213
Letter of Recommendation to Award Contract
Dear Mr. Orth:
Pursuant to your request, RWA Inc. has reviewed the apparent low bidder's (Kyle Construction Inc.) bid
proposal for the Lely Golf Estates 251 Feet of 30 Inc Stormwater Pipe Replacement project. This bid was
received by Collier County and opened at 3:00 PM on November 21, 2019. The County's Stormwater
Division reviewed the bid for completeness, bidder's responsiveness, and mathematical correctness.
RWA’s review included a comparison of Kyle Construction lnc.'s bid proposal with other submitted bids
and the Engineers estimate.
Five bids were received by the County from General Contractors. The bids and the Engineer's Opinion of
Probable Construction Cost are summarized below:
Bidder Base Bid
Kyle Construction Inc. $103,670.00
Quality Enterprise USA, Inc. $124,020.00
Haskins, Inc. $175,875.00
Douglas Higgins, Inc. $177,130.00
Mitchell & Stark Const. Co., Inc. $242,976.00
Engineer's Estimate $107,520.00
Based upon the information provided to the County with the bid, and evaluation of the bids, RWA
recommends the award of the contract to Kyle Construction, Inc. in the amount of $103,670.00.
16.A.33.d
Packet Pg. 1244 Attachment: 2020-04-13 Recommendation Letter (002) (12056 : Lely Golf Estates Stormwater Improvement Project)
K:\2013\130063.00.64 Lely Stormwater\003 Build and Construction\Bidding Services\2020-04-13 Recommendation Letter.docx
Page 2
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578
www.consult-rwa.com
We appreciate the opportunity to assist the County on this project. If you have any questions or if you
require any additional information, please do not hesitate to contact me directly at (239) 597-0575.
Sincerely,
RWA, Inc.
Keisha M. Westbrook, P.E.
Senior Project Manager
16.A.33.d
Packet Pg. 1245 Attachment: 2020-04-13 Recommendation Letter (002) (12056 : Lely Golf Estates Stormwater Improvement Project)
Sub-Total 103,670.00$
TOTAL 103,670.00$
Note:
State of Florida Business Certificate No. EB-0007663
Lely Golf Estates Stormwater Improvement Project
Bid Tabulation
SUMMARY
1. Contractor shall be responsible to verify all quantities. Lump sum items shall include all items the contractor deems necessary for
their bid. The Contractor is responsible for all project materials.
Lely Golf Estates Stormwater Improvement Project
RWA, Inc.6610 Willow Park Drive, Ste 200Naples, Florida 34109Phone: (239) 597-0575Fax: (239) 597-05781/30/20209:28 AM
16.A.33.e
Packet Pg. 1246 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
Lely Golf Estates Stormwater Improvement Project
Date: October 2019
Lely Golf Estates Stormwater Improvement Project
DESCRIPTION UNIT QUANTITY
UNIT
COST TOTAL
Mobilization/Demobilization LS 1 9,000.00$ 9,000.00$
Record Survey/Record Drawings LS 1 3,500.00$ 3,500.00$
Staked Silt Fence LS 1 1,000.00$ 1,000.00$
Inlet Sediment Filter EA 2 500.00$ 1,000.00$
Turbidity Barrier LS 1 1,500.00$ 1,500.00$
Vegetation Removal and Relocation LS 1 5,500.00$ 5,500.00$
Existing Stormwater Pipe Removal LS 1 8,000.00$ 8,000.00$
Existing Inlet Removal EA 1 1,000.00$ 1,000.00$
30" HP Storm Pipe LF 251 170.00$ 42,670.00$
Valley Gutter Inlet EA 1 3,500.00$ 3,500.00$
30" Outfall Structure LS 1 10,000.00$ 10,000.00$
Sod Restoration LS 1 8,000.00$ 8,000.00$
Pavement Restoration LS 1 9,000.00$ 9,000.00$
Lely Golf Estates Stormwater Improvement Project Sub-Total 103,670.00$
*The Contractor is responsible to Purchase all Materials
https://www.bidsync.com/DPXViewer/30_Replacement_Bid.xlsxLely Golf Estates 1/30/20209:30 AM
16.A.33.e
Packet Pg. 1247 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
16.A.33.e
Packet Pg. 1248 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
1. PURCHASE ORDER TERMS AND CONDITIONS
1.1 Offer
This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR
within fourteen (14) days of issuance.
1.2 Acceptance and Confirmation
This Purchase Order (including all documents attached to or referenced therein) constitutes the entire
agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of
this Purchase Order. Each delivery of goods and/or services received by the COUNTY from
VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order.
No additional terms may be added and Purchase Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY
objects to any additional or different terms and conditions contained in any acknowledgment, invoice
or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment
for any delivery of goods and/or services, or any similar act by VENDOR.
1.3 Inspection
1.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S
inspection and approval and payment therefore shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection. All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at VENDOR’S expense.
1.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or
services provided early in the term of the Purchase Order are non conforming or otherwise rejected
by the COUNTY.
1.4 Shipping and Invoices
1.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest
transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold
hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss
prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR.
1.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise
specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices
shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized,
any discount will be taken on the full amount of invoice.
1.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated.
Each shipping container must be consecutively numbered and marked to show this Purchase Order
number. The container and Purchase Order numbers must be indicated on bill of lading. Packing
slips must show Purchase Order number and must be included on each package of less than container
load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase
Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under
this Purchase Order and the full invoice value of such shipment.
1.4.4 d) All invoices must contain the Purchase Order number and any other specific information as
identified on the Purchase Order. Discounts of prompt payment will be computed from the date of
receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon
receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the
“Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners
Purchasing Policy.
1.5 Time Is Of the Essence
Time for delivery of goods or performance of services under this Purchase Order is of the essence.
Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted
by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it
16.A.33.e
Packet Pg. 1249 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in
enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods
and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all
specifications.
1.6 Changes
The COUNTY may at any time and by written notice make changes to drawings and specifications,
shipping instructions, quantities and delivery schedules within the general scope of this Purchase
Order. Should any such change increase or decrease the cost of, or the time required for performance
of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated
by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR
must be made within thirty (30) days from the date the change is ordered or within such additional
period of time as may be agreed upon by the parties.
1.7 Warranties
VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will
conform to the specifications, drawings, samples or other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and quality production, free from defects and
sufficient for the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
1.8 Statutory Conformity
1.8.1 Goods and services provided pursuant to this Purchase Order, and their production and
transportation shall conform to all applicable laws, including but not limited to the Occupational
Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as
any law or regulation noted on the face of the Purchase Order.
1.9 Advertising
No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or services, or appropriate or make use of the
COUNTY’S name or other identifying marks or property without the prior written consent of the
COUNTY’S Purchasing Department.
1.10 Indemnification
VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims,
including claims of negligence, costs and expenses, including but not limited to attorneys' fees,
arising from, caused by or related to the injury or death of any person (including but not limited to
employees and agents of VENDOR in the performance of their duties or otherwise), or damage to
property (including property of the COUNTY or other persons), which arise out of or are incident to
the goods and/or services to be provided hereunder.
1.11 Warranty of Non Infringement
1.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright
or trade secret; and c) do not constitute unfair competition.
1.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims,
including claims of negligence, costs and expense, including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services
provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties
in section 11 (a).
1.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue
using the goods or services, or replace or modify the goods or services so that they become non
infringing, (without any material degradation in performance, quality, functionality or additional cost
to the COUNTY).
16.A.33.e
Packet Pg. 1250 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
1.12 Insurance Requirements
The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such
terms and limits as may be reasonably associated with the Purchase Order. Providing and
maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance
policies shall be executed through insurers authorized or eligible to write policies in the State of
Florida.
1.13 Compliance with Laws
In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business.
By way of non-exhaustive example, this shall include the American with Disabilities Act and all
prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap,
marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying with the provisions of the Immigration Reform
and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall
constitute a breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately. Any breach of this provision may be regarded by the
COUNTY as a material and substantial breach of the contract arising from this Purchase Order.
1.14 Force Majeure
Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance
resulting from any cause beyond their control, including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force
majeure or other conditions which will delay or threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information
with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to
the COUNTY.
1.15 Assignment
VENDOR may not assign this Purchase Order, nor any money due or to become due without the
prior written consent of the COUNTY. Any assignment made without such consent shall be deemed
void.
1.16 Taxes
Goods and services procured subject to this Purchase Order are exempt from Florida sales and use
tax on real property, transient rental property rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter 212), and from federal excise tax.
1.17 Annual Appropriations
The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent
upon an annual appropriation of funds.
1.18 Termination
This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of
receipt of such notice.
1.19 General
1.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any
action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be
the Twentieth Judicial Circuit in and for Collier County, Florida
1.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by
VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by
VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR.
16.A.33.e
Packet Pg. 1251 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
1.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page
by certified mail, return receipt requested, by overnight courier service, or by personal delivery and
will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the
sender. A party may change its address for notice by written notice complying with the requirements
of this section.
1.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this
Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses
for Public Officers, employees and authorized persons.
1.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to
this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the
Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or
overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or
Conditions that are most favorable to the County and/or provide the greatest protection to the County
shall govern.
16.A.33.e
Packet Pg. 1252 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
1910-007 251 Feet of 30 Inch Stormwater Pipe Replacement Plus structures
INSTRUCTIONS TO PROPOSERS
1.0 QUESTIONS
1.1 Direct questions related to this solicitation to the Collier County Procurement Services Division Online Bidding
System website: https://www.bidsync.com/bidsync-cas/.
1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated
on the Collier County Procurement Services Division Online Bidding System website. For general questions,
please call the referenced Procurement Professional noted on the cover page.
2.0 COMPLIANCE WITH THE SOLICITATION
Proposals must be in strict compliance with this SOLICITATION. Failure to comply with all provisions of the
SOLICITATION may result in disqualification.
3.0 AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE SOLICITATION
It is the sole responsibility of the Proposer if they discover any ambiguity, conflict, discrepancy, omission or
other error in the SOLICITATION, to immediately notify the Procurement Strategist, noted herein, of such error
in writing and request modification or clarification of the document prior to submitting the proposal. The
Procurement Strategist will make modifications by issuing a written revision and will give written notice to all
parties who have received this SOLICITATION from the Procurement Services Division.
4.0 PROPOSALS AND PRESENTATIONS
The County will not be liable in any way for any costs incurred by any Proposer in the preparation of its
proposal in response to this SOLICITATION, nor for the presentation of its proposal and/or participation in any
discussions, negotiations.
5.0 DELIVERY OF PROPOSALS
All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement
Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/.
6.0 VALIDITY OF PROPOSALS
No proposal can be withdrawn after it is opened unless the Proposer makes their request in writing to the
County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
7.0 RESERVED RIGHTS
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to
waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right
to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the
additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or
modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a
solicitation; and to award by individual line items when it is deemed to be in the best interest of the County.
Collier County reserves its right to reject any sole response.
Yes No
Certification: I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers
above.
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Packet Pg. 1253 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1254 Attachment: Kyle Bid Package (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1255 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1258 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1259 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1260 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1261 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1262 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1263 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1264 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1265 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1266 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1267 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1268 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1269 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1270 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1271 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1272 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1273 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)
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Packet Pg. 1274 Attachment: 14-6213 Kyle_Contract (12056 : Lely Golf Estates Stormwater Improvement Project)