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Agenda 07/11/2017 Item #16E407/11/2017 EXECUTIVE SUMMARY Recommendation to authorize payment of an outstanding invoice under quantum meruit for Agreement No. 15-6374R-Maintenance, Repair, and Testing for Fuel Storage Tank Systems for projects to Adams Tank & Lift, Inc. OBJECTIVE: To authorize payment for an outstanding invoice related to fuel tank system work already completed. CONSIDERATIONS: On June 14, 2016, the Board awarded Agreement No. 15-6374R - Maintenance, Repair, and Testing for Fuel Storage Tank Systems to Guardian Fueling Techno logies, Southern Tank and Pump Co., and Adams Tank & Lift, Inc. (Agenda Item #16.C.2). On July 20, 2016, Fleet Management requested quotes for repairs as per the bid at two fueling locations. Only one Contractor, Adams Tank and Lift, Inc. (“Adams”) responded within the requested time frame. Adams quoted the project at $14,150 as a lump sum, which Fleet Staff considered reasonable. The contract, however, only allows for time and materials pricing. Adams invoiced for the completed services as a lump sum per its quote. Fleet and Clerk Staff members asked Adams to provide additional supporting documentation concerning the total labor hours incurred and supply costs associated with the project. Adams submitted a revised invoiced, without additional documentation and it was rejected by Clerk Staff. Adams has informed the Clerk and Fleet staff that it is unable to provide further documentation to support the time and materials cost of the project. County staff and the Clerk’s Office agreed to request Board approval to process the lump sum invoice payment. Staff is recommending that the outstanding invoice in the amount of $14,165.78 be approved for payment under the equitable principle of quantum meruit because staff authorized the commencement of the services and the contractor successfully completed the work. Further, Fleet staff has concluded that the price invoiced for the work was fair and reasonable. The underlying Agreement (15 -6374R) has since expired and a new solicitation will be conducted for future services. FISCAL IMPACT: Funds for fuel, repair, parts, and maintenance services are budgeted in the Fleet Management Administration, Fund 521 for fuel services. LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney. Broadly speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed if done under circumstances when payment could be expected. Although here there is a contract in place, payment is being withheld because staff accepted a lump sum quote for work that should have been quoted at a time and materials rate. The vendor has since provided an invoice that itemizes the quan tities, unit prices and total amount due for materials, equipment and worker services. As set forth herein and in the attached back-up, Staff has reviewed the outstanding invoice and the work performed, and has concluded that the payment requested by the vendor is reasonable for the work performed. Accordingly, this item is approved as to form and legality, and may be approved by a majority vote. -SRT GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. RECOMMENDATION: To authorize payment of outstanding invoice #2728119 for work performed, utilizing Agreement No. 15-6374R under quantum meruit, so that the Clerk’s Office can remit payment to 07/11/2017 Adams Tank & Lift, Inc. Prepared by: Mario Menendez, Sr. Operations Analyst, Fleet Management ATTACHMENT(S) 1. ADAMS INVOICE 2728119 (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Doc ID: 3429 Item Summary: Recommendation to authorize payment of an outstanding invoice under quantum meruit for Agreement No. 15-6374R-Maintenance, Repair, and Testing for Fuel Storage Tank Systems for projects to Adams Tank & Lift, Inc. Meeting Date: 07/11/2017 Prepared by: Title: Operations Analyst, Senior – Fleet Management Name: Mario Menendez 06/23/2017 1:56 PM Submitted by: Title: Division Director - Fleet Management – Fleet Management Name: Dan Croft 06/23/2017 1:56 PM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/26/2017 8:37 AM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 06/26/2017 2:35 PM Procurement Services Swainson Hall Additional Reviewer Completed 06/26/2017 2:38 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/26/2017 3:31 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 06/27/2017 2:14 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/27/2017 4:17 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 8:31 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 06/28/2017 9:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 10:19 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 4:22 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Remit Payment To: Adams Tank & Lift, Inc. 4568 131st AVE. NORTH CLEARWATER, FL 33762 (727) 540-0931 • Fax (727) 540-0848 LIC# PCCO5O757 • www.adamstankandlift.com FT. MYERS (239) 731-6766 Fax (239) 731-6378 ORLANDO (407) 339-2384 Fax (407) 339-5124 MIAMI (954) 742-1735 Fax (954) 742-7049 INVOICE DATE INVOICE NO. 01/10/2017 2728119 ACCOUNT NO.SALESMAN NO. COLL48 PJ B I L L T O COLLIER COUNTY FLEET 3299 TAMIAMI TRL E, STE 700 CLERK'S FINANCE DEPT NAPLES FL 34112-5749 S H I P T O COLLIER COUNTY FLEET 425 SGT JOE JONES ROAD IMMOKALEE FL 34142 DESCRIPTION INVOICE DATE CUSTOMER P.O. NO.ORDER NO.SHIPPING INSTRUCTIONS JOB #16256-07C1 01/10/2017 4500169292 16256-07C1 SO #: 424264 QTY U/M PART #DESCRIPTION UNIT PRICE EXTENSION PIPING UPGRADE PO#4500169292 7.000 ZZCTTI01 TRIP CHARGES (7 DAYS)$75.0000 $525.00 66.500 ZZCLTI01 CERTIFIED TECH (7 DAYS)$67.5000 $4,488.75 66.500 ZZCLTI01 HELPER (7 DAYS)$55.0000 $3,657.50 5.000 ZZCLTI01 HELPER (1 DAY)$55.0000 $275.00 5.000 ZZCLTI01 HELPER (1 DAY)$55.0000 $275.00 12.000 ZZCLTI01 FORMAN (SUPERVISOR 6 DAYS)$65.0000 $780.00 4.000 ZZCTTI01 ADMINISTRATIVE SUPPORT $75.0000 $300.00 1.000 ZZCONEQUIP01 EQUIPMENT ONSITE $450.1000 $450.10 1.000 ZZCMATI01 PIPING MATERIALS & PAINT $3,414.4300 $3,414.43 TERMS:SALE AMOUNT $14,165.78 DUE UPON RECEIPT All applicable sales, use or gross receipts taxes associated with the services are the responsibility of the Contractor and have been included in the total price. We Accept American Express© Cards Welcome DISCOUNT $0.00 TAX $0.00 FREIGHT $0.00 SUBTOTAL $14,165.78 DEPOSIT $0.00 TOTAL DUE $14,165.78