Agenda 11/08/2022 Item #16C10 (Change Order #12 Collier County Sports Complex Phase 2.1 and 2.2A for Contract #17-7198 w/Manhattan Construction)11/08/2022
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 12 to Collier County Sport Complex Phase 2.1 and 2.2A
Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., in the amount of $506,395.57, to
redirect previously Board approved funds for a tax free direct material purchase (DMP) of stone because the
stone material is no longer available from the DMP supplier. (Project 50156)
OBJECTIVE: To obtain authorization for reversal of a direct material purchase order for stone material required
to construct the ball fields in the amount of $506,395.57, including the appropriate taxes. The DMP was originally
approved on Change Order #8 and included on the administrative report approved by the Board on March 22, 2022
(Agenda Item 16.E.3) as a tax-free cost savings mechanism but due to timing issues, the material can be more
expeditiously obtained by using the Construction Manager to obtain the materials with less impact on the progress
of the project.
CONSIDERATION: On February 13, 2018 (Item 16.D.21) the Board awarded Agreement No. 17-7198 (the
"Agreement") with Manhattan Construction (Florida), Inc. ("Manhattan") for Construction Manager at Risk
(CMAR) services for all preconstruction phases for the Collier County Sports Complex.
On December 8, 2020 (Agenda Item 11.13), the Board awarded the Sixth Amendment to the Agreement with
Manhattan for work for Phase 2.1 and 2.2A.
The local supplier to whom the County issued the DMP purchase order has run out of the required material to
deliver to the site. Returning the previously dedicated DMP funds to the construction manager, Manhattan, will
allow and give it the flexibility to procure the necessary cumulative materials from several other sources.
FISCAL IMPACT: The total increase to Agreement No. 17-7198 resulting from Change Order No. 12 is
$506,395.57. Taking into account the unused portion of the DMP purchase order, $477,684.50, the net fiscal impact
is $28,711.07. Funding is available in Sports Complex Capital Fund (370), Project No. 50156 (Sports Complex).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for
Board approval.-SRT
RECOMMENDATION: Recommendation to approve Change Order No. 12 to Collier County Sport Complex
Phase 2.1 and 2.2A Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., in the amount of
$506,395.57, to redirect previously Board approved funds for a tax free direct material purchase ("DMP") of stone
because the stone material is no longer available from the DMP supplier. (Project 50156)
Prepared by: Ayoub R. Al-Bahou, PE, Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. CO No 12 110222 (PDF)
2. AR 7675.047 - Unused Portion of Conrad Yellington DPO (PDF)
Packet Pg. 873
11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doe ID: 23813
Item Summary: Recommendation to approve Change Order No. 12 to Collier County Sport Complex Phase 2.1
and 2.2A Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., in the amount of $506,395.57, to
redirect previously Board approved funds for a tax free direct material purchase (DMP) of stone because the stone
material is no longer available from the DMP supplier. (Project 50156)
Meeting Date: 11/08/2022
Prepared by:
Title: Principal Project Manager — Facilities Management
Name: Ayoub Al-bahou
11/02/2022 11:23 AM
Submitted by:
Title: — Facilities Management
Name: John McCormick
11/02/2022 11:23 AM
Approved By:
Review:
Facilities Management
Ayoub Al-bahou
Additional Reviewer
Procurement Services
Sandra Herrera
Additional Reviewer
Procurement Services
Sara Schneeberger Additional Reviewer
Procurement Services
Ana Reynoso
Level 1 Purchasing Gatekeeper
Procurement Services
Sue Zimmerman
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Facilities Management
John McCormick
Director - Facilities
Public Utilities Department
Drew Cody
Level 2 Division Administrator Review
County Attorney's Office
Scott Teach
Additional Reviewer
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Christopher Johnson Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed 11/02/2022 11:23 AM
Completed 11/02/2022 11:30 AM
Completed 11/02/2022 11:32 AM
Completed 11/02/2022 12:15 PM
Completed 11/02/2022 12:59 PM
Skipped 11/02/2022 1:02 PM
Completed 11/02/2022 1:03 PM
Skipped 11/02/2022 12:54 PM
Completed 11/02/2022 1:17 PM
Completed 11/02/2022 1:24 PM
Completed 11/02/2022 2:32 PM
Completed 11/02/2022 3:10 PM
Completed 11/02/2022 3:12 PM
11 /08/2022 9: 00 AM
I Packet Pg. 874 1
F� this exhibit is not applicable
0 Contract Modification
EXHIBIT F
CHANGE ORDE
[J Work Order Modification
Contract#: L7-7198 Change#: P� Purchase Order M Project M 1 50156
ContractoriFirm Name: Manhattan Construction F Project Name: Phase 2.1 Collier County Sports Complex
Project Manager Name: Ayoub AJ-bahou, P.E.,ADAC,LEED GA I Department: Facilities Management
Original Contract/Work order Amount
$
32,998,449,011.13
12/8/20
Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount
$
29,182,456.8ff
1-1 -B 12/8/20
Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount
$ 29, 182,456.86
12/30/2022
-SAP Contract Expiration Date (Master)
Dollar Amount of this Change
$
506,395.57
-10.03%
Total Change from Original Amount
RWsed Contract/Work Order Total 1
$
29,688,852.431
1.74%
Change from Current BCC Approved Amount
Cumulative Changes _ 1
$
(3,3 9,506.57)L
1.74%1
Chang Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date Includes this change)
# of Days Added Select Tasks El Add new task(s) El Delete task(s) El Change task(s) El Other (see below)
Provide a response to the following: 1.) detailed and specific explanationtrationale of the requested change(s) to the task(s) and I o
the additional days added (if requested); 2.) why this change was not Included In the original contract; and, 3.) describe the impact o
this change Is not processed. Attach additional information from the Design Professional and Contractor if needed.
1) This change order requests the following:
Authorization Request for acknowledgment and Owner concurrence for the Reversal of the Direct Material
Purchase of field base and finish stone for $506,395.57, including the appropriate taxes originally approved on
Change Order #8 BCC approved 3/22/22 item 16. E. 3.
2) The changes were not included in the original contract because the local supplier of these materials does not
have the required material to deliver to the site due to a nationwide shortage of base rock material. Returning the
funds to the construction manager will allow them to procure the materials needed from several other sources.
3) The impact on this project is that if this Change Order is not processed, the construction schedule will be
delayed, and the project will not be able to deliver the fields in time.
Digitally signed by Al-bahouAyoub
AkbahouAyoub Date: 2022.10.27 15:55:04 -04'00'
Prepared by: (Ayoub Al-bahou, P.E., Principal Project Manager, Facilities Management Division)
Date:
Acceptance of this Change Order shall constitute a modification to the contract/work order identified above and will be subject to all the sarr
terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. Tt
adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor I Vendor / Consultant / Desll�
Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
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Craig Bryant
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Accepted by�
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Date:
(Manhattan Construction Florida, Inc.)
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Approved by:
W04- 07:31AB 2022.10-28
MW 2M102116:3G:6t-G41W'
Daw
(Davidson Engineering)
McCormickJohnDate:
ligitally signed by McCormickJohn
2022.10.28 10:56:17 -04-00'
Approved by:
Date:
(John McCorrmiCk, Interim Division Director)
SchneebergerSa ra
Digitally signed by SchneebergerSara
Date: 2022.11.02 08:46:07 -04'00'
Approved by:
Date:
(Procurement Professional)
Packet Pg. 876
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
L-0
Dated:
(SEAL)
Approved as to form and legality:
By:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
William L. McDaniel, Jr., Chairman
F Packet Pg. 877
Change Order/Amendment Summary
COST
TIME
CO9
AMD#
Description
Justification
Days
Additive
Deductive
Added
New Amount
To deduct
builders'risk
The use of the owner's
1
insurance and
($146,803.00)
allowance and deduction for the
approve the use
builder's risk insurance would
of owners survey
not be recognized.
allowance.
To approve the
The use of the subcontractor's
2
use ofthe
allowance would not be
subcontractors
recognized
allowance.
To approve the
The use of the owners
3
use of owners
allowance would not be
testing allowance.
recognized.
To deduct and
4
approve Direct
($753,385.80)
To take advantage of sales tax
Material
savings.
Purchases.
To approve the
The use of the owner's
use of Owner
contingency would not be
5
Contingency for
($1,627,901.54)
recognized. To take advantage
price escalation.
of sales tax savings.
DMP Turf
6
reallocate SDI to
To reconcilefteallocate SDI
the proper line
To deduct and
approve Direct
To take advantage of sales tax
7
Material
($189,636,66)
savings.
Purchases, Core
& Main
To deduct and
approve Direct
Material
8
Purchases.
($1,095,177.51)
To take advantage of sales tax
Conrad
savings.
Yelvington and
Sportsfield
Specialties
Project time will be lost due to
To extend the
60
516
both material shortages and
9
time by 60 days
shipping delays, ripple effects of
the COVID-19 pandemic
Deduct
allowances that
Deductive change and Project
are not being
increase amounts would not be
utilized. Extended
recognized. Project time will be
10
GCs and GIRS.
(3,088.63)
145
661
lost due to both material
Increase to the
shortages and shipping delays,
project due to
ripple effects of the COVID-19
materials delays
pandemic
And to extend the
time by 145 days
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Change Order/Amendment Summary
CO#
AMD#
Description
COST
TIME
Justification
Additive
Deductive
Days
Added
New Amount
11
To approve the
use of Owner
Contingency for
changes to the
proiect
0
661
The use of the owner's
contingency would not be
recognized.
12
Reversed of
DMPoriginally
approved on CO
98
$506,395.57
0
Local supplier cannot provide the
required material
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FPacket Pg. 879
Collier County Sports & Events Complex
To: Ayoub Al-bahou
Collier County
3299 Tamiami Trail East
Naples, FL 34112
Unused potion of the Conrad Yellington DPO back to SCG fields
068 10/12/2022
Description
Unused portion of the Conrad Yellington DPO back to SCG fields
Authorization Request I
Detailed Form, Grouped by Number (with CE Breakdown)
From: Fadi Tibi
Manhattan Construction Company
3705-1 Westview DR
Naples, FL 34104
10/19/2022
$506,395.57
Direct Cost
Owner Change
Project# 7675
Submitted
$506,395.57
Change Condition
Notes
This AR is based on the County's email dated October 25, 2022 detailing Direct Material Purchase for Conrad Yellington and crediting the unused
part back to SCG Contract.
Attached also is calculation sheet describing the amount of this AR based on the as quoted values stated in the County's email.
Cost Event Breakdown:
001 Add the Unused portion of the Conrad Yellington DPO back to SCG fields $477,684.50
Contract
.... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... -
002 Sales Tax (6%) $28,661.07
.... .... .... .... .... -
003 Discretionary Sales Tax (1 %) $50.00
In order to mitigate possible delays and expedite the approval for the direct cost of work related to this change, unless specifically noted above, we
are submitting this change request without schedule time/cost impact. We reserve the right to submit for cost/time impacts related to this change
under separate cover when that information is available.
Contractor does not release impacts that arise out of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster),
war, invasion, act of public enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped
power or confiscation, terrorist activities, riot, nationalization, government actions, tariffs, blockage, embargo, transportation delays not reasonably
foreseeable, labor dispute, strike, lockout, disease outbreak, epidemics, pandernics, quarantine restrictions, or interruption or failure of power
sources. To the extent these conditions may occur and impact the Project, there shall be an equitable adjustment to the Contract.
Authorization Request: 7675.047
Approved By:
Ayoub Al-bahou — Sr Project Manager SIGNATURE
Collier County Sports & Events Complex
Prolog Manager
DATE
Project # 7675
I Packet Pg. 880 1
Robert Tiedeman
From: Al-bahouAyoub <Ayoub.Al-bahou@colliercountyfl.gov>
Sent: Tuesday, October 25, 2022 10:18 AM
To: Craig Bryant; DugganCristina; Fadi Tibi; Gary Dick; Jeff Davidson; Joshua Fruth;
ArnoldKelly; Larry Reid; Matthew Jones; Robert Tiedeman; Susan Sturgill; Tocia Hamlin;
Victoria Burns; LuffZurima
Subject: FW: Sport Complex balance of Conrad purchase order
Importance: High
Craig
Please see table below for the balance of Preferred Material purchase order
Please send revised AR so we can prepare the required change order
Thank you
Respectfully,
Ayoub
Ayoub R. All-Bahou, PE, LEED'GA, ADAC
Principal Project Manager
Facilities Management Division
3335 Tamiami Trail East
Naples, Florida 34112
Avoub.al-bahou@colliercountvfl.gov
239-252-7704 (o)
239-778-4559 (c)
Covier County
From: DugganCristina <Cristina. Duggan @col liercountyf I.gov>
Sent: Tuesday, October 25, 2022 9:56 AM
To: Al-bahouAyoub <Ayoub.Al-bahou@colliercountyfl.gov>; ArnoldKelly <Kelly.Arnold@colliercountyfl.gov>
Cc: LuffZurima <Zurima.Luff@colliercountyfl.gov>
Subject: RE: Sport Complex balance of Conrad purchase order
Good morning Ayoub,
The following is the balance to date for Preferred Material PO 4500217177:
I Packet Pg. 881 1
Description
021835.5 #89 Limestone
Cert for FDOT CD53/17/31
021470.5 #57 Limestone
Cert for FDOT Code 10
Quantity
2500
19750
Unit Price
$25.50
$24.95
Total
Cost
$63,750.00
$492,762.50
$556,512.50
Invoice
1774095
$545.16
$545.16
Invoice
1776512
$1,083.58
$1,083.58
Invoice
1776800
$3,357.77
$3,357.77
Invoice
1779406
$2,270.95
$2,270.95
Invoice
1791737
$26,234.68
$26,234.68
Invoice
1794205
$5,526.43
$5,526.43
Invoice
1801608
$3,377.23
$3,377.23
Invoice
1802406
$3,311.85
$3,311.85
Invoice
1803351
$2,768.95
$2,768.95
Invoice
1804932
$3,339.81
$3,339.81�
Invoice
1806866
$2,803.13
$2,803.13
Invoice
1807249
$2,788.91
$2,788.91
Invoice
1812758
$4,520.19
$4,520.19�
Invoice
1813521
$4,519.69
$4,519.69
Invoice
1813814
$3,942.84
$3,942.84
Invoice
1815456
$4,503.96
$4,503.96�
Invoice
1816957
$3,932.87
$3,932.87
Balance $63,750.00 $413,934.50 $477,684.50
Billed to date
Kindly,
Cristina Duggan
Accountant
C�r#)ier County
Facilities Management Division
3335 Tamiami Trail East, Suite 101
Naples Florida 34112
Cristina.duaaan@colliercountvfl.aov
Office (239) 252-8623
$0.00 $78,828.00 $78,828.00
Sales Tax 6% $28,661.07
Discretionary Tax 1% $50.00
Total $506,395.57
Packet Pg. 882
From: Al-bahouAyoub <Ayoub.Al-bahou@colliercountyfl.gov>
Sent: Monday, October 24, 2022 8:10 AM
To: DugganCristina <Cristina. Duggan @col liercountvfl.gov>; ArnoldKelly <Kelly.Arnold@colliercountvfl.gov>
Cc: LuffZurima <Zurima.Luff@colliercountyfl.gov>
Subject: Sport Complex balance of Conrad purchase order
Importance: High
Good morning
Do we have the final amount/balance of Conrad purchase order?
Please let me know
Thank you
Respectfully,
Ayoub
Ayoub R. AII-Bahou, PE, LEED'GA, ADAC
Principal Project Manager
Facilities Management Division
3335 Tamiami Trail East
Naples, Florida 34112
AVoub.al-bahou@colliercountvfl.go
239-252-7704 (o)
239-778-4559 (c)
Cotiew County
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
I Packet Pg. 883 1