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Agenda 09/22/2015 Item # 6A 9/22/2015 6.A. Office of the County Manager Leo E. Ochs, Jr. J29S Taman;Trail East Suh20D^Naples Fonda 34n2-574G^(23m2G2-8383^FAX.(23S252-4VV August 31,2015 NR Contractors Inc. Attention: Ray Muslimani,President P.O. Box 110127 Naples FL 34108 Re: Public Petition request from Ray Muslimani, President, NR Contractors, Inc., requesting payment for rock excavation for Contract 14-6197"Hammerhead and Designated Driveway [onstrucdon." Dear Mr. Muslimani, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 22,2015,regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However,your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case,the Board will hear the item but will not discuss the item after it has been presented.Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building(Building"F"of the government complex) at 3299 Tamiami Trail East, Naples, Florida 34112. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance,please do not hesitate to contact this office. Sincerely, Mike Sheffield Communications and Customer Relations Manager MJS:mjb cc: Jeffrey Klatzkow,County Attorney Len Price,Administrative Services Department Head George Yilmaz,Public Utilities Department Head Joe Bellone,Operations Support Division Director Joanne Markiewicz, Procurement Services Division Director Packet Page -10- 9/22/2015 6.A. COLLIER COUNTY Board of County Commissioners Item Number: 6.6.A. Item Summary: Public Petition request from Ray Muslimani, President, NR Contractors, Inc., requesting payment for rock excavation for Contract 14-6197 "Hammerhead and Designated Driveway Construction." Meeting Date: 9/22/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 9/1/2015 10:51:25 AM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 9/1/2015 10:51:26 AM Approved By Name: SheffieldMichael Title: Manager-Communications&Cust. Relations, Communication &Customer Relations Division Date: 9/1/2015 11:52:37 AM Name: SheffieldMichael Title: Manager-Communications &Cust.Relations, Communication&Customer Relations Division Date: 9/1/2015 11:55:45 AM Packet Page-11- 9/22/2015 6.A. PROCEDURE TO PETITION THE BOARD OF COUNTY COMMISSIONERS Public Petitions are limited to a single speaker, with a maximum time of ten minutes. Generally the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. If the subject matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. The County Manager may defer scheduling a public petition for a reasonable period of time to allow sufficient time for staff to review the content and thus prepare for questions from the Board. Individuals wishing to petition the Board of County Commissioners should present such a request in writing to the County Manager a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request should be on the following form and include any exhibits and/or backup material that may be pertinent to the petition. It should be noted that your request and all materials submitted will become public record and will be retained for that purpose. Public Petition requests can be mailed to: County Manager Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Or faxed to: (239) 252-4010 Attn: Mike Sheffield The County Manager will review your request and determine if the Board of County Commissioners has the ability to legally act upon the action you are requesting. Final determination of this request is at the discretion of the County Manager's office. The County Manager's office will notify you via mail the status of your request. C:\Program Files(x86)\Neevia.Com\Document Converter\temp\167233.doc Packet Page-12- 9/22/2015 6.A. Request to Speak under Public Petition Please print Name: NR Contractors INC Ray Muslimani President Address: P.O. Box 110127 Naples, FL. 34108 Phone: 239-272-5384 Date of the Board Meeting you wish to speak: At the next available meeting Must circle yes or no: Is this subject matter under litigation at this time? No Is this subject matter an ongoing Code Enforcement case? No Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): For the Non-Payment of Hammerhead 10B Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): To look into this project to see if invoice for rock excavation can be paid. C:\Program Files(x86)\Neevia.Com\Document Converter\temp\167233.doc Packet Page -13- 9/22/2015 6.A. CULVERT WORKS, INC. INVOICE Invoice Date: January 27, 2015 TO: NR CONTRACTORS Invoice Number: NRC01272015 P.O. BOX 110127 NAPLES, FL 34108 ATTN: Ray Phone: (239-272-5384) Email: Raymus @comcast.net Job Description: Cul-de-sac Dumpsters at job site with the following pull dates: Job Location: 12th Avenue January 27, 2015 2@ 20 cy each $180.00 ea/cy $360.00 Loads (2) Total $360.00 GRAND TOTAL I $360.00 I (Pricing includes all dump fees, hauling and any taxes) 8051 Friendship Lane, Naples, FL 34120 Office: (239) 348-8813 • Fax: (239)348-2436 • Cell: (239) 253-6454 Packet Page-14- 9/22/2015 6.A. CULVERT WORKS, INC. INVOICE Invoice Date: October 30, 2014 TO: NR CONTRACTORS Invoice Number: NRC10302014 P.O. BOX 110127 NAPLES, FL 34108 ATTN: Ray Phone: (239-272-5384) Email: Raymus @comcast.net Job Description: Cul-de-sac Dumpsters at job site with the following pull dates: Job Location: 12th Avenue October 30, 2014 2@ 20 cy each $180.00 ea/cy $360.00 Loads (2) Total $360.00 GRAND TOTAL I $360.00 I (Pricing includes all dump fees,hauling and any taxes) 8051 Friendship Lane,Naples, FL 34120 Office: (239).348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454 Packet Page -15- 9/22/2015 6.A. CULVERT WORKS, INC. INVOICE Invoice Date: March 15, 2015 TO: NR CONTRACTORS Invoice Number: NRC03152015 P.O. BOX 110127 NAPLES, FL 34108 ATTN: Ray Phone: (239-272-5384) Email: Raymus @comcast.net Job Description: Cul-de-sac Dumpsters at job site with the following pull dates: Job Location: 14th Avenue off Wilson Boulevard February 4, 2015 1@ 20 cy each Asphalt $180.00/each February 8, 2015 1@ 20 cy each Rocks $180.00/each February 9, 2015 1@ 20 cy each Rocks $180.00/each February 10, 2015 2@ 20 cy each Rocks $360.00/total February 11, 2015 1@ 20 cy each Rocks $180.00/each February 26, 2015 1@ 20 cy each Rocks $180.00/each March 9, 2015 1@ 20 cy each Asphalt/Rocks $180.00/each Loads (8) Total $1,440.00 March 9, 2015 Lowboy moved excavator/access $265.00 (from 14th Avenue to 16th Avenue) Lowboy Total $265.00 I GRAND TOTAL ( $1,705.00 (Pricing includes all dump fees, hauling and any taxes) 8051 Friendship Lane,Naples, FL 34120 Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454 Packet Page-16- 9/22/2015 6.A. CULVERT WORKS, INC. INVOICE Invoice Date: April 3, 2015 TO: NR CONTRACTORS Invoice Number: NRC04032015 P.O. BOX 110127 NAPLES, FL 34108 ATTN: Ray Phone: (239-272-5384) Email: Raymus @comcast.net Job Description: Cul-de-sac Dumpsters at job site with the following pull dates: Job Location: 16th Avenue NW Cul-de-Sac March 11, 2015 1@ 30 cy each Trees $320.00/each March 12, 2015 1@ 30 cy each Trees $320.00/each 1@ 20 cy each Rocks $180.00/each March 13, 2015 1@ 30 cy each Trees $320.00/each I@ 20 cy each Rocks $180.00/each March 16, 2015 2@ 20 cy each Rocks $360.00/total March 17, 2015 3@ 20 cy each Rocks $540.00/total March 18, 2015 2@ 20 cy each Rocks $360.00/total March 19, 2015 2@ 20 cy each Rocks $360.00/total March 20, 2015 1@ 20 cy each Rocks $180.00/each March 23, 2015 14 20 cy each Rocks $180.00/each March 25, 2015 I@ 20 cy each Rocks $180.00/each April 1, 2015 2@ 20 cy each Rocks $360.00/total April 2, 2015 1@ 20 cy each Rocks $180.00/each April 3, 2015 1@ 20 cy each Rocks $180.00/each Loads (21) Total $4,200.00 I GRAND TOTAL I $4,200.00 I (Pricing includes all dump fees, hauling and any taxes) 8051 Friendship Lane,Naples, FL 34120 Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454 Packet Page -17- 9/22/2015 6.A. CULVERT WORKS, INC. INVOICE Invoice Date: June 8, 2015 TO: NR CONTRACTORS Invoice Number: NRC06082015 P.O. BOX 110127 NAPLES, FL 34108 ATTN: Ray Phone: (239-272-5384) Email: Raymus @comcast.net Job Description: Cul-de-sac Dumpsters at job site with the following pull dates: Job Location: Jung Boulevard April 17, 2015 1@ 20 cy each Rocks $180.00/each April 19, 2015 1@ 20 cy each Rocks $180.00/each April 21, 2015(am) 1@ 20 cy each Rocks $180.00/each (pm) 1@ 20 cy each Rocks $180.00/each April 23, 2015(am) 1@ 20 cy each Rocks $180.00/each (pm) 1@ 20 cy each Rocks $180.00/each April 24, 2015 1@ 20 cy each Rocks $180.00/each 1@ 20 cy each Rocks $180.00/each April 25, 2015 1@ 20 cy each Rocks $180.00/each 1@ 20 cy each Rocks $180.00/each April 30, 2015(am-1) 1@ 20 cy each Rocks $180.00/each (am-2) 1 @ 20 cy each Rocks $180.00/each (pm-1)1@ 20 cy each Rocks $180.00/each (pm-2)1 @ 20 cy each Rocks $180.00/each (pm-3)1 @ 20 cy each Rocks $180.00/each 8051 Friendship Lane, Naples, FL 34120 Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454 Packet Page-18- 9/22/2015 6.A. NR CONTRACTORS INVOICE: NRC06082015 INVOICE DATE: June 8, 2015 Page 2 of 2 Job Location: Jung Boulevard May 1, 2015 2@ 20 cy each Rocks $360.00/total May 4, 2015 1@ 20 cy each Rocks $180.00/each May 8, 2015 1@ 20 cy each Rocks $180.00/each Loads (19) Total $3,420.00 GRAND TOTAL I $3,420.00 I (Pricing includes all dump fees, hauling and any taxes) 8051 Friendship Lane,Naples, FL 34120 Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454 Packet Page-19- 9/22/2015 6.A. N:? Contractors, inc. i PO Box 110127 239.597.9083 Office Naples FL 34108 239.5974227 Fax INVOICE INVOICE NO. 605 DATE 6-3-15 TO: Dayne Atkinson WORK PERFORMED AT: Hammerhead Group 10B 12th Ave Collier County Project No.59024.1 0 Naples, FL Naples, FL 34104 Hammerhead Group 10B Phone 252-5337 Fax 252-6448 Cell 239-877-8292 PO #4500151029 DESCRIPTION OF WORK PERFORMED: SCOPE OF WORK UNIT QUANTITY UNIT COST TOTAL 12th Ave N.W.,West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00 14th Ave N.W., West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00 16th Ave N.W., West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00 Jung Blvd. W., West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00 Rock excavation at 12th Ave N.W., West of Wilson Blvd CY 60 $100.00 $ 6,000.00 Rock Excavation at 14th Ave N.W., West of Wilson Blvd CY 130 $100.00 $ 13,000.00 Rock Excavation at 16th Ave N.W., West of Wilson Blvd CY 360 $100.00 $ 36,000.00 Rock Excavation at Jung Blvd. W., West of Wilson Blvd CY 380 $100.00 $ 38,000.00 MOBILIZATION for 12th Ave N.W due to high water level Each 1 g Road $2000.00 $ 2,000.00 Remove 25'x55'x10" asphalt instead of 25'x55'x4" asphalt SY 153 $9.00 $ 1,377.00 pavement at 14th Ave N.W., West of Wilson Blvd TOTAL $254,013.00 HH 10B Invoice#605 Page 1 of 1 Packet Page-20- 9/22/2015 6.A. Go ier County Administrative Services Department August 11, 2015 Procurement Services Division Ray Muslimani, President N R Contractors, Inc. P. 0. Box 110127 Naples, Florida 34108 RE: Contract# 14-6197"Hammerhead and Designated Driveway Construction" Quote - 14-6197-02 Group 10B Invoice -Rock Excavation Dear Mr. Muslimani: After meeting and reviewing the items presented by NR Contractors for the work completed on 14-6197-02 hammerheads Group 10B along with the invoice for the rock excavation, the Solid and Hazardous Waste Management Division has decided to pay only the total amount quoted for the project. The attached quote submitted by NR contractors was for $157,636.00 with an allowance of$15,000.00 for a total quote of$172,636.00. We were unable to locate any documentation of the additional rock excavation, or proof to validate any permission obtained from the Project Manager or engineer on site. Any claims for rock excavation were to be paid by using the allocated allowance in accordance with the unit price provided and all claims required verification by the County's CEI onsite during the construction project. Further, the quote specifically provided that in the event of additional work, unit prices were to be submitted. The unit prices for each item are requested to evaluate any change in work scope that may occur due to unforeseen conditions. For the reasons listed above the County will only authorize the quoted amount of $172,636.00. Should you have any questions, please do not hesitate to contact me at 239/252-8935. Regards, Swainson Hall Procurement Strategist c: Dayne Atkinson,Solid Waste/Project Manager Enclosures as stated • Procurement Services Division•3327 Tamiami Trail East•Naples,Florida 34112-4901 •239-252-8407•u nnr.coliiergov.net/procurementservices Packet Page-21- 9/22/2015 6.A. Dear Commissioners, August 21, 2015 On May 29, 2014, NR Contractors received a notice to proceed for Hammerhead Group 10 B. On June 9, 2014, we had a kick off meeting with Dayne Atkinson, at the meeting Mr. Atkinson stated that any improvement to the current design of Hammerheads would be welcomed. At that point, I mentioned to Dayne Atkinson that I had a design that would eliminate deep excavation and that it would save the county money especially when having to excavate rock. The other improvement would be that storm water would not be trapped in the culvert thus creating a mosquito pit. On June 10, 2014, I met with the engineer to discuss the new design, to which he pointed out that he would need 2 — 3 weeks to change the current design. At that point Mr. Atkinson asked me to provide him a drawing showing the new design. On June 20, 2014, I emailed Dayne Atkinson a drawing showing the new design, at no cost to the county. On June 23, 2014, Mr. Atkinson instructed me to proceed with the existing design, and that you may implement the new design to future Hammerhead projects. Since the new design eliminates the use of catch basins, I did not have shop drawings for the catch basins. On July 02, 2014, I submitted shop drawings for catch basins. On July 08, 2014, the engineer denied the shop drawings and asked for wall thickness to be revised from 6" to 8". On July 09, 2014, I pointed out that FDOT allowed for a 6" wall thickness and that the plans show 8" CMU wall construction, but not 8" precast construction. On July 15, 2014, I received an email from Ramon Molina asking me to resubmit the shop drawings for 8" precast wall thickness and he stated that I am running out of time to complete the project. Packet Page-22- • 9/22/2015 6.A. On July 17, 2014, I met with Mark Burtchin at ROW in regard to the catch basin wall thickness and he approved the 6" wall thickness. On July 18, 2014, we started excavation on 12th Ave for 10B and ordered catch basins to be constructed with a lead time of two weeks. During construction we encountered a high water table and cap rock. On July 24, 2014 Ramon Molina, the CEI for the project, stated that we needed to send an email to Dayne Atkinson requesting the use of the allowance. On July 25, 2014 I sent an email to Dayne Atkinson requesting the use of the allowance due to rock excavation. On August 7, 2014 Dayne Atkinson ordered a stop work order due to high water table and asked for an invoice for rock excavation to date. On August 13, 2014 I submitted an invoice for $14,208.10 based on T&M. On August 18, 2014 I received an email from Dayne Atkinson stating that he could only accept billing using unit pricing. However, the purchase order# 59024.10 dated May 1, 2014 states that T&M should be used. Ray, I along with the engineer and the inspector have reviewed your request for use of the allowance. After speaking with Finance the only way to bill the allowance is per the unit price that was submitted as part of the RFQ, which is$100/CY. Based on that the most that can be billed against the allowance is$4,000 (2 X 20 CY box X$100). However, not all the of two 20 CY boxes that can be deemed as rock removal. Please see below for details The County's definition of "earth" and "rock" excavation is detailed in the Collier County Technical Specification Section 312316 Part 1.2, Subparts A & B as shown below. 1.2 DEFINITIONS A. Earth: "Earth" includes all materials which, in the opinion of the ENGINEER, do not require blasting, barring, wedging or special impact tools for their removal from their original beds, and removal of which can be completed using standard Packet Page-23- 9/22/2015 6.A. excavating equipment. Specifically excluded are all ledge and bedrock and boulders or pieces of masonry larger than one cubic yard in volume. B. Rock: "Rock" includes all materials which, in the opinion of the ENGINEER, require blasting, barring, wedging and/or special impact tools such as jack hammers, sledges, chisels, or similar devices specifically designed for use in cutting or breaking rock for removal from their original beds and which have compressive strengths in their natural undisturbed state in excess of 300 psi. Boulders or masonry larger than one cubic yard in volume are classed as rock excavation. NR Contractors identifies in their invoice the use of specialized equipment for rock removal (i.e. Hydraulic Hammer) on two days for a total of 11 hrs between 7/28/14- 7/30/14. (Refer to NR Invoice Page 4). Based on our interpretation of that Collier County specification and the contractor's detailed invoice, it appears the contractor can claim rock excavation on the 2 days he used special equipment to remove rock. From the contractor's invoice that would total $3,462.10 On the other hand, this project was bid as a lump sum for each street and an allowance for unforeseen conditions was specified by the County. A schedule of values (unit prices) was requested from the contractor for various work items to be used to assess change orders and drafts against the allowance. In this case a bid unit price for rock excavation of $100/cy was bid by NR Contractors. This price covers all labor, equipment, materials, and supervision needed to remove and dispose of the excavated material. The claimed additional work has produced two 20CY containers filled with approximately 40 CY of excavated rock. However, based on our observation of the work and the contractor's detailed invoice, only a small part of this work fits the definition of rock excavation. At this point we would recommend that the FOR classify the material in each container and quantify how much is considered "rock". Once the quantities are known, the County can apply the contracted unit price to determine the total value of the change order. If you have any questions, please feel free to contact me Dayne Atkinson Project Manager Solid & Hazardous Waste Management Department 9950 Goodiette-Frank Road PH: (239) 252-5337 Cell: (239) 877-8292 Packet Page -24- 9/22/2015 6.A. On August 22, 2014 a meeting was set up for Dayne Atkinson, Brenda Brilhart, Swain Hall and I to discuss the project and the invoice. Dayne Atkinson stated that NR Contractors was using bad means and methods to excavate rock. As an example, "they are using a screw driver instead of a shovel", so the only way that he would pay for the rock excavation would be using unit pricing. My reply was that no core samples were provided to show soil conditions so we rented equipment to excavate normal soil conditions and lay culvert pipe. At the end of the meeting I agreed to invoice the rock excavation using unit pricing. However, I told Dayne Atkinson that I would invoice when the project was 100% complete. On January 5, 2015 we received a Notice to Resume Work, so we remobilized to 12th Ave and began construction. On February 2, 2015 we had completed the installation of the culverts. Due to high water table, the soil had high moisture content and as a result we could not construct the concrete pads. I asked Mark Rothenberger the CEI if we could move to 14th Ave and start construction, Mark Rothenberger stated that I needed to call Dayne Atkinson and ask for permission to mobilize to 14th Ave. I called Dayne Atkinson's cell phone and left a message requesting permission to mobilize to 14th Ave, later that day Mark Rothenberger told me that permission was granted to mobilize to 14th Ave and any further communication with Dayne Atkinson needs to go through Mark Rothenberger. We began excavation on 14th Ave and we had more rock on 14th Ave than 12th ave. At that point Mark Rothenberger commented that the closer we get to Jung the more rock we will find and he was right because, On 12th Ave we excavated 60 yards of rock. On 14th Ave we excavated 130 yards of rock. On 16th Ave we excavated 360 yards of rock. On Jung we excavated 380 yards of rock. Packet Page -25- 9/22/2015 6.A. On April 10, 2015 Mark Rothenberger and I were discussing the fact that due to heavy rock excavation we were running out of time to complete the project. Mark Rothenberger called Dayne Atkinson and asked him about a time extension, at that point Dayne Atkinson asked Mark if I was looking for a payment for rock excavation and Mark replied no just the time extension. Mark stated that I should send Dayne Atkinson a letter requesting a time extension. On April 11, 2015 I sent Dayne Atkinson a letter requesting a time extension, which was granted. On June 10, 2015 we had a final walk-through of the project. On June 12, 2015 we had the last inspection report, stating that the project is 100% complete. On June 10, 2015 I emailed an invoice to Dayne Atkinson, Invoice #605 is attached. On June 19, 2015 I received an email from Dayne Atkinson. Ray, The attached invoice is being rejected for the following reasons: • Authorization for use of the allowance was not requested. o Use of the allowance requires backup • Invoice needs to be verified and signed by the engineer of record Please revise invoice and resubmit. If you have any questions, please feel free to call me. Thanks Dayne Atkinson Project Manager Solid & Hazardous Waste Management Division 9950 Goodlette-Frank Road PH: (239) 252-5337 Cell: (239) 877-8292 I replied back that an email was sent on July 25, 2014 to Dayne Atkinson requesting the use of the allowance due to rock excavation and I attached copies Packet Page-26- 9/22/2015 6.A. of invoices for 20 yard containers showing how many containers were hauled off and its contents. I did not get a response so I called Swain Hall in Purchasing to arrange a meeting to resolve this issue. On July 1, 2015 we had a meeting with Dayne Atkinson, Swain Hall, Mathew Catoe and Sandra Herrera. At the end of the meeting Swain Hall requested a second meeting and to include Mark Rothenberger to verify the rock removal. On July 10, 2015 we had a second meeting with Dayne Atkinson, Swain Hall, Mathew Catoe, Mark Rothenberger and Sandra Herrera. At the end of the meeting Swain Hall requested for Mark Rothenberger to send him all of the daily reports to verify the rock removal and he would have a meeting with Sandra Herrera and Dayne Atkinson's boss to discuss his findings. On July 29, 2015 I called Swain Hall to get an update in regards to the meeting with Sandra Herrera and Dayne Atkinson's boss. He thought that the work has been done and it was up to Dayne Atkinson and his boss to go in front of the commissioners to request for payment. On August 12, 2015 I received a letter denying payment for rock excavation. In conclusion, I followed plans and specifications to complete the project. There was a CEI, Mark Rothenberger, on the job that monitored the project, Monday through Friday from the beginning of each work day until the end of each work day. In the past I have had two annual contracts, one with Utilities and the other with Road Maintenance were I billed using unit pricing and never had a problem getting paid. Sincerely, Ray Muslimani Packet Page-27-