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Agenda 02/26/2019 Item #16E302/26/2019 EXECUTIVE SUMMARY Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. OBJECTIVE: To promote accountability and provide transpar ency to the public and gain the Board’s approval/ratification for various procurement -related transactions. CONSIDERATIONS: In accordance with the Board’s Procurement Ordinance 2017-08 and the Procurement Manual, the Procurement Services Division produces a regular Administrative Report which provides for Board approval of the following transactions: • Change Orders that do not exceed ten (10%) of the current Board approved aggregate amount, and/or require change in schedule (number of days); • Amendments to contracts; • After the fact memos from various County Divisions, as requested by the Clerk’s Finance staff for the timely process of invoices. • Other items as determined by the County Manager or designee that require Board approval. This administrative report includes the following: • Three (3) change orders that in aggregate modify contracts by -$5,858.37 and add 62 calendar days to completion periods, see attached summary and backup for details; and • Zero (0) amendments this period with a fiscal impact of $0.00; and • Four (4) after the fact memos with a fiscal impact of $52,980.01 FISCAL IMPACT: The net total for the seven (7) items is $47,121.64 LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: To ratify/approve change orders and/or contract amendments and other items as determined by the County Manager or designee in accordance with Procurement Ordinance 2017-08. Prepared By: Sara Schneeberger, Procurement Strategist, Procurement Services ATTACHMENT(S) 1. 0226 Change Order Report - FY19 (PDF) 2. 0226 Change Order Backup - FY19 (PDF) 3. 0226 After the Fact Report - FY19 (2) (PDF) 4. 0226 After the Fact Backup - FY19 (PDF) 16.E.3 Packet Pg. 1054 02/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doc ID: 7991 Item Summary: Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. Meeting Date: 02/26/2019 Prepared by: Title: Business Technology Analyst, Senior – Procurement Services Name: Sara Schneeberger 02/06/2019 4:22 PM Submitted by: Title: – Procurement Services Name: Ted Coyman 02/06/2019 4:22 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 02/06/2019 4:58 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 02/11/2019 2:58 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/11/2019 3:27 PM Procurement Services Catherine Bigelow Additional Reviewer Completed 02/14/2019 12:32 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/15/2019 4:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/19/2019 7:53 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/19/2019 10:05 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/19/2019 10:58 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2019 1:48 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM 16.E.3 Packet Pg. 1055 Item page #Contract/ Grant No.Change #DateProject Name Vendor Name Division ‐ Project ManagerOriginal Contract AmountCurrent Contract Amount Current Change Order AmountRevised Contract Amount% Over Board Approved AmountContract LengthChange in length (Days)Updated contract length Change in length (%)1 1 18-7457 1 1/24/2019Eagle Lakes Artificial Turf ConversionSCG Fields, LLCFacilities Management - Margaret Bishop$794,452.00 $794,452.00 $0.00 $794,452.00 0.00% 90 18 108 20.00%2 5 18-7438 2 1/24/2019GMD Building North New HVAC SystemDEC Contracting GroupFacilities Management - John McCormick$3,351,932.00 $3,351,932.00 $0.00 $3,351,932.00 0.00% 300 10 310 3.33%3 12 18-7317 1 1/16/2019Santa Barbara Landscape BeautificationHannula Landscaping and IrrigationRoad Maintenance - Katherine Chachere$597,879.27 $597,879.27 ($5,858.37) $592,020.90 -0.98% 210 34 244 16.19%Meeting Date Total number of Change ordersTotal Dollar ChangeTotal Change in Days2/26/2019 3 -$5,858.37 6216.E.3.aPacket Pg. 1056Attachment: 0226 Change Order Report - FY19 (7991 : Procurement Services Administrative Reports) ivMI_]*`vM/F+$_=NJv "OSEvT04UvP0@9?,%a>PKv G4L1G4Kbv MIdV&*`v';ËõmƤ <'I:5v'fW+<'^5vT15Xvöm//'Ƥā/m;/YMC4-c vv; ļ / Ľ ó; ľ 'Ƥ NNƤŇ OIdZ&.eO[ ?SGv(G6v1ĝƤř ÄƤtt1 PIaT(,a TOD5,avĘƤt} Ƥ¸FŚ ¯ Ƥ«Ƥ1Ɨ YQC5,bv%L%;4\v'G7v ħƤn$ 2ÅƤ WĚi ğƤ @gA^BOIv(H4vjvĿ W ŀ } Ł 7 7 ł į77 777Ɣ7 ƤXXXŃńX Ņ Ƥ ň DP8$0 Ƥ 50Zv~Ƥ DE#Ƥ(*,Ƥ MkAlLJ4ƤăLÞíjþƤ júhƤhƤjLƤ üā÷AøîÑåđĲßïæÿƤ çû4Ƥ Dŧ8%0 ƤU66Ƥ(HHƘŌƤp.]ĉƤ(8#.Ƥ r]*Ƥ¿Ƥ BƕƇ#ŲƤUBBƤ(²²ÐEƤ (*,Ƥ A ĥ.TƤ U66Ƥ(HHƙƤ Ē0#ĊƤ (8#§.Ƥr#*Ƥ 6,ƈ#Ƥ 6b0Zv~Ƥ DbE]³Ƥ(*,Ƥ MkAlLJ Ƥ '4JÒJ'MƤ ĳ(ĬƤ6³wZƤ ęƝHPw %Ƥp.#ƤÁĨ0T#Ƥ pŭ.ŽƤ(*,Ƥ«Ƥ=%TƤ5=08#Ƥ 4Ƥ 4gƤ .Ƥ5=.8#ƤŜ*Ƥ DP8%0Ƥ(*,Ƥ İ]ĻT#EƤ6bwZv~ƤDb§#Ƥ 0Ƥ ýMkAlLJÓèƤ 4gƤ B=.8#Ƥŝ*Ƥ 5,·ƃ#ƤU55Ƥ(HŸ·ŵƚEƤ(*,Ƥ B,*, 0%ƛƤB=.ų#TƤ 4éƤ 4gƤ 5=.Š#ƤŞ*Ƥ5,ƉƤ (*,Ƥ ďQ +ƤēÆƤq)´+Ź@Ƥ¬Ƥ "ƤuG9-Ƥo"OƤƤ ƒ+ ƤcƤ"Ƥo"OƤ ĪƢ )ƤƤS)¾Ƥ '/àKK:';Ƥ S@O+Ƥ ':K/:K/'ĂƤ ĦƏƤµd¨Ƥ ':ð/:K/'MƤ ĠƤ ©dŢƍ¨ƤĔ¡©Ƥ ÂƤĕƤ ĈơƤ Đ±Q @ƤqƤ½Ì Í ƣ Î qƤ ½Ï NNNƤŉņƤ*'94A8 !4A-A @ AA ÀƤ®ƤĖ¼ƤčƤ A Ĵ )ƤĵGƤ ƓƤƤeƤG9-Ƥ ė ƤG9-Ƥ o"`ƤG9-Ƥ "žƤ4A '/=A Sd+ƤƤSQƤƤ"Ƥ¬e `ĄƤ êÔ-Ƥ% ƤƤQ)+y@)Ƥƞ& @á´Y@ ƤƤ"ƤµŻ¹Ƥ)"O9-ƤƤ"ƤG9-ƤâƤcƤ "ƤP+ Ƥ¼ƤƤ9r®Ƥſżº-ċƤñÕ-Ƥe"ƟƤ"+Ƥ)"`ƤeƤƤ C)ºƤġƤ "Ƥc+O+ Ƥ )S)ČƤ ƤôÖ-Ƥ )c+<Ƥ"ƤC± Ƥ CŖƤ"+Ƥ)"`ƤCƤƤQƀ)×Ƥ Ƥ>Ĺ Ƥ$!Ƥ!ƤƤ V ƤW_> ƤŒ: Ƥ1 Ƥ!Ƥ ØƤ ÃĶƤ Ƥ$Ƥ IƤ Ƥ$Ƥ&% Ƥ&z Ƥ&&»Ƥ!Ƥ Ƥ[ ƤÙ 'Ú Ƥ?F Ƥ';ƤI Ƥ$ƤRƤ<[ ą ĎVƂ| Ƥ¥ƌ ÇƤƤ &x >%ƠƤ&ţx[ªƤ!ƤRŤ2 Ƥ3ƤƤ3ŏƤ Ƥ? 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Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After-the-Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such “After the Fact Procurements” will be reported to the County Manager. Requester Name: Division: Division Director: Vendor Name: Amount: Contract #: Purchase Order: Why is this deemed a non-compliant purchase? Choose one. Contract Ordinance Manual P-Card Other Details of Purchase: Explain the circumstances behind this purchase. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring? The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Signature: Date: Division Director: Signature: Date: Collier County After the Fact Form Mary McCaughtry Pelican Bay Services Division Neil Dorrill Southern Tank & Pump Co. $1,394.11 18-7325 ✔ The pump on the portable fuel station quit working. We were advised by Fleet to call Southern Tank & Pump Co., who has a contract with the county for repairs. They did a repair and got the pump operational but it only lasted 2 days so they were called again. They said the pump would have to be replaced. All work was completed without a purchase order in place. We are requesting the payment of invoices 31845 and 31898 in the amount of $1,394.11 Staff will review and follow all Procurement policies and procedures and will also make sure a proper purchase order is in place prior to the ordering of any goods or services. Mary McCaughtry Mary McCaughtry Digitally signed by Mary McCaughtry DN: cn=Mary McCaughtry, o, ou, email=Mary.McCaughtry@colliercountyfl.gov, c=US Date: 2019.01.28 11:34:40 -05'00' 1/28/2019 neil dorrill W. Neil Dorrill, Administrator, Pelican Bay Services Division Digitally signed by W. Neil Dorrill, Administrator, Pelican Bay Services Division DN: cn=W. Neil Dorrill, Administrator, Pelican Bay Services Division, o, ou, email=neil@dmgfl.com, c=US Date: 2019.01.28 14:28:02 -05'00' 1/28/2019 1 116.E.3.d Packet Pg. 1075 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 2 16.E.3.d Packet Pg. 1076 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 3 16.E.3.d Packet Pg. 1077 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) Instructions As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After-the-Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such “After the Fact Procurements” will be reported to the County Manager. Requester Name: Division: Division Director: Vendor Name: Amount: Contract #: Purchase Order: Why is this deemed a non-compliant purchase? Choose one. Contract Ordinance Manual P-Card Other Details of Purchase: Explain the circumstances behind this purchase. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring? The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Signature: Date: Division Director: Signature: Date: Collier County After the Fact Form James Fasulo Fleet Management Dan Croft Cummins Sales and Service $3,057.57 ✔ Two CAT Transit buses (Bus # CC2-1408 & CC2-1409) were sent to Cummins Sales & Service in Ft. Myers as they are the closest Cummins OEM distributor and service center in our region, for warranty repairs to the Cummins engine / emissions systems. After the repairs were completed, we found out that both of the buses were in fact out of warranty. Cummins engine warranty is two years- unlimited mileage. They were added to Fleet and have an in service date of 10-25-2016 making the warranty expire on 10-25-2018. Services were performed without having a proper purchase order in place. We are requesting the payment of invoices B7-2466 and B7-2463, in the amount of $3,057.57, to Cummins Sales and Service for the repairs that were performed. Division staff will verify all warranty information prior to scheduling any repair services. If warranty is expired then a proper procurement method will be followed. James Fasulo fasulojames Digitally signed by fasulojames Date: 2019.01.09 12:59:41 -05'00'01/09/2019 Daniel A. Croft CroftDan Digitally signed by CroftDan Date: 2019.02.05 10:43:45 -05'00'2/5/2019 2416.E.3.d Packet Pg. 1078 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 5 16.E.3.d Packet Pg. 1079 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 6 16.E.3.d Packet Pg. 1080 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 7 16.E.3.d Packet Pg. 1081 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 8 16.E.3.d Packet Pg. 1082 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 9 16.E.3.d Packet Pg. 1083 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 10 16.E.3.d Packet Pg. 1084 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 11 16.E.3.d Packet Pg. 1085 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) Instructions As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After-the-Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such “After the Fact Procurements” will be reported to the County Manager. Requester Name: Division: Division Director: Vendor Name: Amount: Contract #: Purchase Order: Why is this deemed a non-compliant purchase? Choose one. Contract Ordinance Manual P-Card Other Details of Purchase: Explain the circumstances behind this purchase. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring? The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: Signature: Date: Division Director: Signature: Date: Collier County After the Fact Form James Williams Facilities Management Damon Grant Bonness, Inc. $9,028.33 18-7241 & 16-6663 4500192784 ✔ Facilities Management opened PO 4500191923 under contract 18-7241 "Concrete sidewalks, curbs, floors and other" for procurement of asphalt repair services at the Medical Examiners office. Facilities Management utilized this contract at the guidance of the contract administrator, Road and Bridge, and also due to the bid tab providing asphalting under "Section 2: Additional Services". When the invoice was received, Finance requested a breakdown to support the invoice. Backup was requested from Bonness however Bonness advised that the work was invoiced under contract 16-6663 "Roadway Contractors". Contract 16-6663 requires the work to be quoted amongst all vendors. As Facilities was unaware of this contract,a quote was only received from Bonness. When the quote was reviewed after the fact, it was discovered the quote did not have a contract referenced to be able to validate against. Staff requests authorization of payment for invoice #17503 in the amount of $9,028.33. Facilities Management staff will review all active contracts in SAP before creating a purchase order requisition to ensure the correct contract is being utilized and will ensure the correct contract number is listed on quotes. When in question, staff will consult with Procurement Services for direction. James Williams James Williams Digitally signed by James Williams Date: 2019.01.08 15:13:36 -05'00'1/8/19 Damon Grant GrantDamon Digitally signed by GrantDamon Date: 2019.02.01 08:54:42 -05'00'02/01/19 31216.E.3.d Packet Pg. 1086 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) 13 16.E.3.d Packet Pg. 1087 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) QountJ A&r nisfative SeNbes Depdtnent Prc(rrremenl Sayc€s DMslon lnstructions The requesto. affi.ms that to the best ot their knowledge tho Collier County After the Fact Form As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should wo* be authorized or purchases made that is incorsislent with County policy, procedure, or contraot tems, an Afterthe-Fact Procurement Fom is required. This includes purchases made in advance ot a Purchase Order, when a Purchase Order is rcquired to authoize such activity, and purchases made under an expired contract, or for goods and seryices not covered by the cuffont contract or purchase order. All such "After the Fact Procurements" will be repo,ted to the County Manager. Requester Name: SCOtt A HOltfey Division: Parks and ReCreatiOn Oivision Director: Bafry WilliamS Amount: l$,$QQ contract #: 18-7 289 Purchase order: 45001 88448 Why is this deemed a non-compliant purchase? Choose ore Contract Ordinance Ma n ual P-Card Other D€tails of Purchase: Explain the circumstances behind this purchase. The scope of work was to re{el the slides at Golden Gate and Sun-N-Fun, by painting on a protective coating. lt was a PO driven contract, so staff emailed the vendor to set a start date. Staff believed the email exchange served as the notice to proceed. The contractor started at Sun-N-Fun, and did not begin work at Golden Gate until November 9, and so staff did not realize it was necessary to implement a change order to add time. The contract stated 30 days for Golden Gate and 50 days for Sun-N-Fun, for a total of 80 days. By working on the sites simultaneously, the contractor saved time and completed all the work in 35 days, therefore, the department is not seeking liquidated damages for exceeding the 30 days given for Golden Gate. neouesteooviS $ 4 L)fy,-Signature stsnattref ,/za-\o".aft|rr7Division DneaySo.v r,), t{,qrr,. s ) provided in this document is truq. vendor Name: CIOSe COnStrUCtiOn a tr tr tr Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? The Division is requesting the Board pay FINAL Pay App - lnvoice 682-001 . Corrective/Preventive Action: What action is being taken to prevent this violation from re-occuring? Division will ensure staff follow contract requirements when commencing work. o.t2(1 I t-1 41416.E.3.d Packet Pg. 1088 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) From: Sent: To: Subject: HoltreyScott Tuesday, January 22,2019 12:23 PM DrewCarrie FW: Safe Slide Project Rescheduling This is the only thing lfound. I must of called them and gave a verbal "go ahead" Scott From: Holtrey5cott Sent: Wednesday, October 24, 20L812:47 PM To: Joshua Lones <joshua@safeslides.com> Cc: Chris Rossi <chrisrossi@closeconstruction.us>; Melissa Stone <melissa@closeconstruction.us>; DeGalanRichard <Richa rd.DeGalan@colliercountyfl.gov>; HeinemeyerKelly <Kelly. Heinemeyer@colliercountyfl.gon; EdwardsOlema <Olema. Edwards@colliercountyfl.gov>; GarbyDerrick <Derrick.Garby@colliercountyfl.gov> Subrect: Re: safe slide Project Rescheduling Just to get everyone on the same page /confirm...... the contractor for the resurface the slides will start at SNF first and then GG Scott Sent from my iPhone On Oct 24, 2018, at 8:48 AM, Joshua Lones <igqhgi.l@!etC!!des.99!t> wrote: Our crew will be starting at golden gate. On Wed, Oct 24,2018 at 8:20 AM Chris Rossi <chrisrossi@closeconstruction.us> wrote Josh: OK, thanks for the "heads up". Do you know which site you will be starting at? Chris Rossi, Chief Estimator Close Construction, LLC 301 NW 4th Avenue Okeechobee, FL 34972 863.457.0831 - Office 863.763.6337 - Fax 863.634.4604 - Cell From: Joshua Lones Imailto:ioshua@safeslides.com] Sent: Wednesday, October 24, 20L8 10:19 AM To: Chris Rossi <chrisrossi@closeconstruction.us> 1 DrewCarrie 15 16.E.3.d Packet Pg. 1089 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) Cc: Melissa Stone <melissa@closeconstruction.us>scottholtrev@colliergov. net Chris/Scott, Our crew is two days behind and will not be leaving Virginia until tomorrow which puts them in Naples starting Saturday morning. This will be the last change of start date. Scott, I have sent this email to Dan as well. Chris, lspoke with Herb and let him know. Thank you, Josh On Wed, Oct 17,2018 at 10:56 AM Chris Rossi <chrisrossi@closeconstruction.us> wrote: Josh: OK, thanks for the "heads up"' Scott: Have we chosen the colors required for the 2 slides? Chris Rossi, Chief Estimator Close Construction, LLC 301 NW 4th Avenue Okeechobee, FL 34972 863.467.0831- Office 853.753.5337 - Fax 863.634.4604 - Cell From: Joshua Lones Imailto:ioshua@safeslides.coml Sent: Wednesday, October 17, 2018 L:39 PM To: !!9!l!9.lggy.@!q!ICIg.q.yIg; Chris Rossi <chrisrossi(acloseconstruction.us> Subiect: Safe Slide Project Rescheduling Hello Scott and Chris, I was notified this morning that due to an unforeseen scheduling rearrangement, we will have to move the start date of your project to October 25th. Please don't hesitate to call me with any questions or concerns you have, otherwise have a great day. Thank you. Josh Joshua Lones - Field Safety lnspedor 2 989.954.623s Subject; Re: Safe Slide Project Rescheduling 16 16.E.3.d Packet Pg. 1090 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) DrewCarrie From: Sent: To: Subject: Melissa Stone < melissa@closeconstruction.us > Monday, January 28, 2019 3:10 PM DrewCarrie RE: Pay for Sun-N-Fun Carrie I just sent you an email. The work at Golden Gate commenced on November 9 - 20th then 27rn - 29tr. We were actually working on both slides during that time frame. Thanks, Melissa From: Drewcarrie Imailto:Carrie.Drew@colliercoun\rfl.gov] Sent: Monday, January 28, 2019 3:03 PM To: lvlelissa Stone Subject: RE: Pay for Sun-N-Fun Melissa, Thank you for sending that over. I have the same one, but was reading it as two separate "contracts" based on the two sepa rate time limits. Section 1.1 Golden Gate has a time frame of 25 days for Substantial completion and 30 days for Final. Section 2.1 Sun-N-Fun has a time frame of 50 days for Substantial completion and 60 days for Final. The work at Golden Gate began October 26 and concluded November 29, which was 35 days. As soon as the Pro.iect Manager realized they would not be complete the work at Golden Gate in 30 days, a Change Order for additional time should have been initiated. lf you have additional questions that I can answer for you, please let me know. Respectfully, Carrie Drew Operations Analyst, Collier County Parks and Recreation Phone: 239-252{025 Email: carriedrew@colliergov.net 1 From: Melissa Stone <melissa@closeconstruction.us> Sent: Monday, January 28,2019 2:33 PM To: Drewcarrie <Carrie. Drew@colllercountyf l.gov> Subject: RE: Pay for Sun-N-Fun 17 16.E.3.d Packet Pg. 1091 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) SINGLE.CONTRA CTOR AWARD AGREEME NT #'t8-7289 for AQUATIC SLIDE RESTORATION THls AGREEMENT, made and entered into on this-,2bt-aay of ,018, by and between CI ose Conslruction. LLC authorized to do business in the State of Florida, whose business address is 4th Avenue bee FL , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner): W IT t{E S€ET H: '1. Contract Time and Liquidated Damages -Golden Gate P ro e 1.1. Time of Performance. The Contractor shall achieve Substantial Completion within twenty-five (25) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereoO is the date contained in the Notice to Proceed. Contractor shall achieve Final Completion within five (5) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the County as complete and is so stated by the County as completed. As used herein and ihroug-hout the Contract Documents, the phrase "County's Contract Administrative Agent" refers to the County's duly authorized representative and shall mean the Division Adminislrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.2. Liquidated Damages in General. The County and Contractor recognize that, since time is of the essence for this Agreement, County will suffer financial loss iI Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. ln such event, the total amount of County's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, County shall be entitled to assess, as liquidated damages, but not as a penatty, Nine'Hundrgd and Fifty'Six and oo/1oo ($956) for each calendar day thereafter until bubstintial Completion is achievid. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, County shall also be entifled to assess and Contractor shall be liable for all actual damages incurred by County as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the County's Contract Administrative Agent issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any iignt which it may have to seek to characterize the above noted liquidated damages as a p;na-tty, which the parties agree represents a fair and reasonable 1 8-72se AquatlJffi'"3i1L"" close constructlon, LLc @ 18 16.E.3.d Packet Pg. 1092 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) Scott Holtrey (County Project Manager) Bid No. Parks and Recreation (County Department)Project No Coltier County eoard of County Commissioners (the oWNER) or Application DateCollier erunty Water-Sewer District (lhe OWNER) FROM Danny Boromei ontrac,to/s Representative) Construction LLC (ContractoCs Name) (Contractor's Address) o obee. FL 349 eF. Golden Gate Aquatic Center Slide Restoration (Project Name) 30 Daysoriginal Contract Tim€: Revised Conkac{ Time:N/A Original Contract Amount: Total Change Orders to Date Revised contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT OUE THIS APPLICATION: 39,500.00 $ 0.00 $ 39,500.00 $ $ Retainage @ 10% thrulinsert datel Retainage @ -o/o aller [ins€rt datel Percent Work completed to Date: Percent Contraet Tima completed to Date Liquidated oamages to be Accrued $ $ N/A N/A oh o/o s N/A ATTACH SCHEDULE OF VALUES AND ACCOMPA}{YING DOCUMENTATION TO THIS APPLICATION coNTR;cToR s oERT|FICATIoN: The underslgned coNTMcToR certifies that: (1) all prevlous Pmgress payments raceiveO from OWNER on account of Work rfone rinder the Contracl refened to above have been applied to discharge in- irii.f i "Ufig;it""" ot CONTRACTOR incuned in connection Mth Work covared by Pr'tor ApPlications for Paym€nt numbered i itiorsh"-_ i*lusive; (2) title to all materiats and equipment incorporated in said Work ot otheMise listed in or covered UV iiriJlppfLafi"" t"r payrirent wilt pass to OWNER at [inie of payment free and clear of all liens, claims, seourily interests "'r,,j ""t[ru,rn"o (excipt such ai covered by Bond acceptibG to OWNER); (3) alt amounts have been Paid for work ;hih ft;"ra payi1.ns wsre issued and reieived frorn ih€ OWNER and that cunent paynent is now due; (4) and ddNfftACfOn "gi"o that all ovenuns as shoMrn on the monthly estimate summary shall, in fac,t, be added to the revised contract and shall bo incorporated into a future Change Order: By CONTMCTOR:Close Construclion, LLC (Contractofs Name) (Signature) DATE:12.10.2018 Thomas C. Close, Preside nt (Type Name & Title) (shall be signed by a duly authorized repiesentative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: DATE - (Type Name & Title) Payment to the CONTMCTOR for the above AMOUNT DUE THIS APPLICATION ls approved: (Signaturs) DATE: -- Oyps Name and Titlo) Pagc lE of24 fl8-7289 Aqu.uc Sllde Reatoratlon Closo Corstlucllon, LLc EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT PO# 4500188448 - GGCP 12.10.2018 39,500.00-630 39,500.00 Payment Appllcation P6. Final ioi'rivorr "ddonprl"hed throu6IG DA;: -October 26, 2018 to No\rembsr 29, 2018 , t I I i t I I t t I I I I tI i t tI tl It i i I i t By Design Professiona I :(DP's Nams) (Signature) By OWNER'S Project Managen ... 19 16.E.3.d Packet Pg. 1093 Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports) PAGECONTINUATION SHEET APPI,ICATION NO:l- tsloqtFOR PAYMENT. containinsAPPLICATION AND CERTIFICATIONDocumcnt G702,lC. ro, ao\tAPPLICATION DATE:med certificstion is attached. !1,29 .2014PEzuOD TO: ARCHITECTS PROJECT NO:Use Column I on Contsacls whare vrriable retainaEg for line items may spply. IGHEIDCl] WORK COMPLETED MA'TERIALS TOTAL COMPLETED BALANLJt,PRESEI'{TLYFROM PREVIOUSSCHADULEDITEM c+c)tu l.tNtJttS'I'ORED AND STOREDTHIS PERIODVAI,I]ENO U-U(NOT IN TO DATE(D+E) (D+E+r)DORE) DESCRIPTION OF WORK $0.00100%$0.00$39,500.00$39,500.00$39,500.001GGAC Slide Resloration IIIII --- - I -- I rLrdA,rtd.i -.r L-l A?PLICATION I 2016.E.3.dPacket Pg. 1094Attachment: 0226 After the Fact Backup - FY19 (7991 : Procurement Services Administrative Reports)