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Agenda 05/12/2020 Item #16E 6 (Procurement Administrative Reports)05/12/2020 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: • One (1) change order that in aggregate modify contracts by $0.00 and add 197 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 • Three (3) after the fact memos with a fiscal impact of $196,635.90 FISCAL IMPACT: The net total for the four (4) items is $196,635.90 LEGAL CONSIDERATIONS: This item has been reviewed by the C0unty Attorney, is approved as to form and legality, and requires majority vote for approval. -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. 0512 Change Order Report - FY20 (PDF) 2. 0512 Change Order Backup - FY20 (PDF) 3. 0512 After the Fact Report - FY20 (PDF) 4. 0512 After the Fact Backup - FY20 (PDF) 16.E.6 Packet Pg. 837 05/12/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.6 Doc ID: 12267 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: 05/12/2020 Prepared by: Title: Business Technology Analyst, Senior – Procurement Services Name: Sara Schneeberger 04/22/2020 10:30 AM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Herrera 04/22/2020 10:30 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/22/2020 10:33 AM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 04/23/2020 4:21 PM Procurement Services Sandra Herrera Additional Reviewer Completed 04/27/2020 10:02 AM Procurement Services Catherine Bigelow Additional Reviewer Completed 04/29/2020 12:25 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 05/01/2020 11:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/01/2020 3:10 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/01/2020 4:30 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 05/01/2020 4:36 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/04/2020 11:54 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM 16.E.6 Packet Pg. 838 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 16-6699 2 4/14/2020Eleven Bridge ReplacementsHNTB CorporationTransportation Engineering - Marlene Messam$2,459,845.80 $2,610,638.80 $0.00 $2,610,638.80 0.00% 985 197 1182 20.00%Meeting Date Total number of Change OrdersTotal Dollar ChangeTotal Change in Days5/12/2020 1 $0.00 19716.E.6.aPacket Pg. 839Attachment: 0512 Change Order Report - FY20 (12267 : Procurement Services administrative reports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¶VGHOLYHU\VFKHGXOH ,IWKLVWLPHH[WHQVLRQLVQRWJUDQWHGWKHFRQWUDFWZLOOH[SLUHDQGWKHFRQVXOWDQWFDQQRWFRPSOHWHWKHSURMHFWZLWKRXWD FRQWUDFW 1 116.E.6.b Packet Pg. 840 Attachment: 0512 Change Order Backup - FY20 (12267 : Procurement Services administrative reports) SchneebergerSara Digitally signed by SchneebergerSara Date: 2020.04.20 10:43:29 -04'00' 2 16.E.6.b Packet Pg. 841 Attachment: 0512 Change Order Backup - FY20 (12267 : Procurement Services administrative reports) 3 16.E.6.b Packet Pg. 842 Attachment: 0512 Change Order Backup - FY20 (12267 : Procurement Services administrative reports) 4 16.E.6.b Packet Pg. 843 Attachment: 0512 Change Order Backup - FY20 (12267 : Procurement Services administrative reports) 5 16.E.6.b Packet Pg. 844 Attachment: 0512 Change Order Backup - FY20 (12267 : Procurement Services administrative reports) Item page #Contract or Purchase OrderDateDescription of ProjectVendor Name Division ‐ Director Fiscal Impact Description1 1 NA 4/14/2020Print and mail public notice lettersCustomer First Inc. dba Presstige PrintingOperations & Regulatory Management - Kenneth Kovensky$1,030.26Division staff requested services and did not process the payment via purchasing card in a timely manner.2315-6437 45001633084/21/2020Vanderbilt Beach Utility Conversion Phase II and IIIMasTec North America, Inc. PTNE - Michelle Arnold $192,705.64A change order to add additional time was not completed prior to the expiration of the contract.3918-7475 45002027524/21/2020Emergency Gate RepairCarter Fence Company Water Distribution - Beth Johnssen $2,900.00 Division staff requested services without obtaining a quote as required by contract.Meeting DateTotal number of After the Fact MemosTotal Fiscal Impact5/12/20203$196,635.9016.E.6.cPacket Pg. 845Attachment: 0512 After the Fact Report - FY20 (12267 : 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 Shayra Jorge Operations & Regulatory Mgmt. Kenneth Kovensky Customer First Inc. dba Presstige Printing 1,030.26 ✔✔ Services were requested November 5th, 2019 to print and mail Public Notice Letters to notify property owners about public information meetings and public hearings for proposed LDC amendment to PL20190002545. Services were intended to be paid using a P-card. There was an oversight when the invoice was received and delayed the timeliness of payment processing. Process payment for $1,030.26 for vendor number 113698, invoice 127547, located at: 10940 Harmony Park Drive Bonita Springs, FL 34135. Ensure invoices are received into centralized division finance mailbox and processed in a timely manner as well as investigate past due balances timely. Reinforce purchasing policies and procedures with staff. Shayra Jorge JorgeShayra Digitally signed by JorgeShayra Date: 2020.04.14 14:07:18 -04'00'04/14/20 Kenneth Kovensky KovenskyKennet h Digitally signed by KovenskyKenneth Date: 2020.04.14 14:53:09 -04'00'4/14/20 1 116.E.6.d Packet Pg. 846 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) Account # Date 11/14/2019 Invoice # 127547GROWTH MANAGEMENT DEPARTMENT Accounts Payable 3299 Tamiami Trail East Suite 700 Naples, FL 34112-5749 PO # Terms:Net 30 Rep REW GROWTH Total Balance Due Subtotal Sales Tax (7.0%) Payments/Credits Current Account Balance FSC: RA-COC-005576 10940 Harmony Park Drive • Bonita Springs, FL 34135 Phone 239-949-8518 • Fax 239-949-8522 Description Amount DIRECT MAIL ADVERTISING * PUBLIC NOTICE LETTER 4 COLOR QTY 1323 LETTER: 8.5 X 11 * #10 ENVELOPE 498.36 POSTAGE DOMESTIC QTY 1309 515.80 POSTAGE INTERNATIONAL QTY 14 16.10 All past due invoices will be subject to 1.5 percent interest per month. $1,030.26 $1,030.26 $1,030.26 $0.00 $0.00 $5,787.41 2 16.E.6.d Packet Pg. 847 Attachment: 0512 After the Fact Backup - FY20 (12267 : 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 Harry Sells PTNE Michelle Arnold MasTec North America Inc. $192,705.64 15-6437 4500163308 ✔ It was determined in June 2019 that the contract work could not be completed by the end of the term of the contract in early December 2019. CO #8 to extend the contract to 7/8/2020 was submitted. Work continued and was finally completed in mid January 2020. At this time it was determined that CO#8 had not been finally approved and the contract had expired causing work to be done after the expiration and leaving final payment owing. Pay final Invoice for work completed on Pay Application #7. Two Change Orders were submitted to Purchasing to change the expiration date of two separate contracts around the same time period: one for Hole Montes and other for MasTec. The Hole Montes request was submitted electronically and the Mastec request was hand delivered. The hand delivered Change Order was misplaced. To avoid misplacing change order request or any other procurement action in the future, all requests will be sent electronically via email to ensure track ability. Harry Sells SellsHarry Digitally signed by SellsHarry Date: 2020.04.21 10:53:14 -04'00'3/23/2020 Michelle Arnold arnold_m Digitally signed by arnold_m Date: 2020.04.21 11:45:26 -04'00'04/21/2020 3 216.E.6.d Packet Pg. 848 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) 416.E.6.dPacket Pg. 849Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) 5 16.E.6.d Packet Pg. 850 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) 6 16.E.6.d Packet Pg. 851 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) 7 16.E.6.d Packet Pg. 852 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) 8 16.E.6.d Packet Pg. 853 Attachment: 0512 After the Fact Backup - FY20 (12267 : 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 Pamela Libby Water - Distribution Beth Johnssen Carter Fence $2,900.00 18-7475 4500202752 ✔ On February 25, 2020 it was discovered that someone had vandalized the gate to gain access to the South Reverse Osmosis Well Field. As this is a restricted area due to the location of wells to provide water to one of the two regional water treatment plants, the area must remain secure to ensure the safety of the public water supply. It was determined that Carter Fence was on call for fencing emergency response and was requested to report to the site. Carter Fence came to the site the day of the incident and immediately made the necessary repairs, ensuring no further unauthorized personnel could gain access to the area. The contract language requires the vendor to provide a quote prior to the repair and that was not provided. Providing the invoice without the quote first has caused a denial of payment. We request authorization to pay invoice #6411 in the amount of $2,900.00 Staff has been informed that Carter Fence should have provided a quote and then sent in the invoice seperately. Moving forward staff will ensure that the first document received is titled "quote" and then the second document shall be titled "invoice". Pamela Libby libby_p Digitally signed by libby_p Date: 2020.04.21 08:49:09 -04'00' Beth Johnssen Johnssen_b Digitally signed by Johnssen_b Date: 2020.04.21 10:46:27 -04'00' 9 316.E.6.d Packet Pg. 854 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports) Invoice Total: $2,900.00 Deposit Amount Paid: Invoice Amount Paid: $0.00 Balance Due: $2,900.00 www.carter-fence.com 3490 Shearwater Street Naples, FL 34117 (239) 353-4102 receivables@carter-fence.com Invoice #6411 Date Created: Fri Mar 27, 2020 Invoice Due: Fri May 1, 2020 Customer Point of Contact Collier County Public Utilities Dep 3339 Tamiami Trail East Naples, FL 34112 239-776-0598 239-252-5039 Anthony Lopo anthony.lupo@colliercountyfl.gov 781-983-0650 Service Location Collier County Water Distribution 3835 City Gate Dr Naples, FL 34117-8404 Billing Address: Collier County Water Distribution 3835 City Gate Dr Naples, FL, 34117-8404 Item(s) Qty Name Description 1 EMERGENCY REPAIR EMERGENCY GATE REPAIR - Removed and replaced (2) 4" Gate Posts - Removed and replaced 6'H x 10'W Double Swing Gate Payment Methods Accepted: Cash, Check or Credit Card. If you would like to make a payment on our website using a credit card, please go to the following link: https://carter-fence.com/transaction-form/ Thank you for choosing Carter Fence as your trusted Fence Company! Terms and Conditions 1.5% interest per month can be charged on past due accounts over 30 days. In the event of a suit for collection, reasonable attorney’s fees and collection costs will be added to the cost of this invoice. In the event of any litigation from this contract or account, the parties agree that the venue will be in Collier County, and Florida law will govern. Please use this as your original copy, no original copy will be mailed. Created with mHelpDesk 10 16.E.6.d Packet Pg. 855 Attachment: 0512 After the Fact Backup - FY20 (12267 : Procurement Services administrative reports)