Agenda 12/13/2022 Item #16A26 (Vanderbilt Beach Beautification Municipal Service Taxing Unit)12/13/2022
EXECUTIVE SUMMARY
Recommendation that the Board retroactively approve Change Order No. 2 extending the Substantial and
Final Completion Dates by ninety-three (93) days for the Vanderbilt Drive Underground Utility Conversion
Phase IV Project (part of a long-term ongoing project authorized by the Vanderbilt Beach Beautification
Municipal Service Taxing Unit to relocate overhead utilities underground), and authorize the use of the
Owner’s Allowance for the continuation of, and payment for, construction services at no additional cost to
the Project under Agreement No. 20-7791, and an additional fifty (50) contract days to complete the project
by March 8, 2023.
OBJECTIVE: To retroactively approve Change Order No. 2, which was administratively approved under
Agreement No. 20-7791 (the “Agreement”), to provide hurricane hardening and improve the beautification along
Vanderbilt Drive, from Bluebill Avenue to the Cocohatchee River.
CONSIDERATIONS: The Vanderbilt Beach Beautification Municipal Service Taxing Unit (the “MSTU”) has
taken on the tremendous task of burying all overhead utility lines within the district over the last ten years. The
fourth and final phase of the utility burial Project commenced in May of 2021 and, when completed, there will be
approximately ten miles of aerial utilities buried within the MSTU boundaries.
The Vanderbilt Beach MSTU Project is considered an elective project because the customer (the MSTU) requested
the conversion of the FPL facilities from aerial to underground. This Project is performed cooperatively with three
utility companies, Florida Power & Light (“FPL”), Comcast, and CenturyLink. The burial of the FPL utilities has
been completed, and most of the lines have been buried for the other two utilities. The remaining work c onsists of
ordering additional needed material, affixing conduit for Comcast and CenturyLink lines to the Cocohatchee River
bridge, making the connections of the utility lines on either side of the bridge, and removing the overhead poles.
Staff issued a Work Directive authorizing the use of the owner’s allowance to purchase those necessary materials as
permitted under Section 19, subsection 3(c) of the Collier County Procurement Ordinance.
Because this Project involves a cooperative effort between Collier County and three separate utility companies,
each of which have independent protocols and policies, timely guiding the Project through completion has been
difficult at times, often impacting the schedule beyond the County’s control. The Board granted an earlier time
extension when it approved Change Order No. 1; but additional time is needed to complete the Project largely
because FPL reassigned the primary contractor to aid in recovery efforts related to Hurricane Ian.
Attached Change Order No. 2 adds nine-three (93) days to the Agreement (and was included on the administrative
report included as an Agenda Item at the Board’s September 13, 2022, meeting) but the administrative approval of
that item occurred after the then established Substantial Completion Date had expired. Subject to the Board
ratifying Change Order No. 2 as part of this request, the current Final Completion date of the contract will be
December 3, 2022, with a Substantial Completion date of October 19, 2022 (45 days prior to the final completion
date). Substantial completion has still not been met. Lastly, staff issued a Stop Work Order on October 21, 2022,
leaving 43 available days to complete the work, which will trigger a readjustment to the aforementioned Final
Completion Date, subject to the Board’s approval once the Stop Work Order is lifted.
Because the contractor did not meet the substantial completion, the Agreement allows for the imposition of
liquidated damages from the July 18, 2022, Substantial Completion Date established in Change Order No. 1
continuing until substantial completion is achieved. The current Liquidated Damages amount is $250,120 from
July 18th until BCC Date 12/13/22 at a rate of $1,690/day and will continue to accrue until completed. Because the
contractor and County staff believed that they successfully revised and extended the Substantial Completion Date
upon the prior administrative approval of Change Order No. 2, staff contends that any potential imposition of
liquidated damages should not commence until that October 19, 2022 date. However, because of the difficulties
encountered by coordinating the work engagement of the three utilities, as well as the delay occasioned by
Hurricane Ian, County staff anticipates that it will be returning to the Board at a later date to request that liquidated
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damages be reduced or waived depending on the diligent engagement of the contractor to timely complete this
Project.
At this time, staff is requesting that the Board retroactively approve the nine -three (93) days of additional time
added to the Project authorized in Change Order No. 2, subject to an appropriate adjustment/enlargement when the
Stop Work Order is lifted, that the Board authorize the use of the Owner’s Allowance for payment of the additional
materials and modifications to mount conduit on the Cocohatchee Bridge as described in staff’s Work Directive,
give authorization to process payments during the enlarged Project completion date upon receipt of proper billing
documentation as required under the Agreement, and add an additional fifty (50) contract days to complete the
project by March 8, 2023.
FISCAL IMPACT: The current contract amount is $1,890,788.90. Approval of this item will not change the total
contract amount. Funding for this agreement is provided by Vanderbilt Beach Beautification MSTU Fund 143.
Funds are available to completely cover the cost of the project through acceptance.
GROWTH MANAGEMENT IMPACT: There is not Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for
Board approval.-SRT
RECOMMENDATION: That the Board retroactively approve Change Order No. 2 extending the Substantial and
Final Completion Dates by ninety-three (93) days for the Vanderbilt Drive Underground Utility Conversion Phase
IV Project (as part of a long-term ongoing Project authorized by the Vanderbilt Beach Beautification Municipal
Service Taxing Unit to relocate overhead utilities underground), authorize the use of the Owner’s Allowance for the
continuation of, and payment for, construction services at no additional cost for the Project under Agreement No.
20-7791, and add an additional fifty (50) contract days to complete the project by March 8, 2023, as recommended
above.
Prepared by: Michelle Arnold, PTNE Division Director
ATTACHMENT(S)
1. Work Directive #01- Mastec Material 102622 (PDF)
2. [Linked] 20-7791 MasTecNorthAmerica_Contract.
3. CO #2_Item 16E10d_Agenda - Tuesday, September 13, 2022 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.26
Doc ID: 23959
Item Summary: Recommendation that the Board retroactively approve Change Order No. 2 extending the
Substantial and Final Completion Dates by ninety-three (93) days for the Vanderbilt Drive Underground Utility
Conversion Phase IV Project, authorize the use of the Owner’s Allowance for the continuation of, and payment for,
construction services at no additional cost to the Project under Agreement No. 20-7791, and add an additional fifty
(50) contract days to complete the project by March 8, 2023.
Meeting Date: 12/13/2022
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/17/2022 2:20 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
11/17/2022 2:20 PM
Approved By:
Review:
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 11/17/2022 2:26 PM
Public Transit & Neighborhood Enhancement Harry Sells Additional Reviewer Completed
11/17/2022 2:45 PM
Emergency Management Caroline Blevins Additional Reviewer Completed 11/21/2022 8:28 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Director Review Completed
11/29/2022 4:28 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 11/29/2022 5:34 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 11/29/2022 9:24 PM
Procurement Services Sara Schneeberger Additional Reviewer Completed 11/30/2022 8:37 AM
Growth Management Department Danielle Bates Transportation Management Services Department Completed
11/30/2022 10:37 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/01/2022 1:47 PM
Growth Management Department Trinity Scott Transportation Completed 12/02/2022 11:46 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/02/2022 12:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/02/2022 1:07 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/05/2022 9:02 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/07/2022 4:35 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
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Collier County PTNE Division
WORK DIRECTIVE CHANGE
CONTRACT # /PROJECT NAME: WORK DIRECTIVE #01
Work Order under Contract #20-7791 Vanderbilt Dr. Underground Utility Burial Conversion for phase IV of Vanderbilt
Beach MSTU Utility Project
PURCHASE ORDER #: 4500210804 DATE OF ISSUANCE: 10/26/2022
OWNER: Collier County Board of Commissioners PROJECT#: NA
CONTRACTOR: Mastec North America Inc. ENGINEER/DESIGN PROFESSIONAL: FPL,
Comcast, and CenturyLink
You are directed to proceed promptly with the following change(s):
Description: Authorize Mastec North America to purchase material per attached list to be charged against Owners
Allowance Item 95-38 $9,600.00 and Item 101-6 for $16,359.63 from $20,400.00 for a total of $25,959.63 for
material required to complete low voltage installation of project.
1. Additional material is required to accommodate modification of conduit installation on Cocohatchee
Bridge work is requested by the OWNER in response to Mastec North America, Contractor, request to
slightly modify conduit mounting design, on the Cocohatchee Bridge.
2. Additional cable due to errors in the Utilities design which reflected different size cables.
Purpose of Work Directive Change: To authorize money expenditure from Items 95-38 and 101-6 Owners
Allowance to account for the additional work quantities to the above-mentioned line items, as requested by Collier
County MSTU Division.
Reason/Justification: Collier County MSTU Division was originally planning to install two runs of conduit on
each side of the Cocohatchee bridge. Under the guidance of Mastec North America it was determined that using
standard Unistrut equipment and design will simplify the design, speed up the installation, and improve the look
of the finished product.
The design of the low voltage cable provided by the utilities was different from what was actually installed. The
MSTU must replace like for like.
If a claim is made that the above change(s) have affected Contract/Allowance Price or Contract Times any
claim for a Change Order based thereon will involve one or more of the following methods of determining the
effect of the changes(s).
Method of determining change in Method of determining change in Contract Times:
Contract/Allowance Price:
Unit Prices Contractor’s records
Lump Sum Engineer’s record
Time & Material Other CEI’s Record
Other
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Packet Pg. 1081 Attachment: Work Directive #01- Mastec Material 102622 (23959 : Mastec Change Order and request to waive LDs)
Estimated usage of decrease in Allowance:
For Item 95-38 is $9,600.00 leaving balance of $0.00
For Item 101-6 is $16,359.63 leaving balance of $4,040.37
Total change $25,959.63
Estimated change in Contract Time: None
AUTHORIZED:
By: Harry Sells, MSTU Project Manager
PTNE Division
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Packet Pg. 1082 Attachment: Work Directive #01- Mastec Material 102622 (23959 : Mastec Change Order and request to waive LDs)
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Packet Pg. 1083 Attachment: Work Directive #01- Mastec Material 102622 (23959 : Mastec Change Order and request to waive LDs)
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Packet Pg. 1084 Attachment: Work Directive #01- Mastec Material 102622 (23959 : Mastec Change Order and request to waive LDs)
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Packet Pg. 1085 Attachment: Work Directive #01- Mastec Material 102622 (23959 : Mastec Change Order and request to waive LDs)
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Packet Pg. 1086 Attachment: Work Directive #01- Mastec Material 102622 (23959 : Mastec Change Order and request to waive LDs)