Agenda 2/14/2023 Item #16C 7 (Phases of Sports Complex and approve Change Order No. 14 for extention of time neccessary to accommodate unforeseen delays)16.C.7
02/ 14/2023
EXECUTIVE SUMMARY
Recommendation to accept a project update on the Collier County Sports Complex and approve
administrative Change Order No. 14 to Collier County Sport Complex Phase 2.1 and 2.2A
Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., for a time extension of 45 days
(Project 50156)
OBJECTIVE: To provide the Board with an update on the current and future phases of the Sports
Complex and approve Change Order No. 14 for extension of time necessary to accommodate unforeseen
delays as discussed below.
CONSIDERATION:
Phase 1 update: Phase 1 construction is completed with buildings and improvements open to the public.
All punch list items have been completed, there are a few permits that Manhattan Construction is working
on with the Growth Management Division to close out. Notwithstanding the foregoing, the improvements in
this phase are in use by the County.
Phase 2 update: The excavation of water management areas and other related site construction elements
are largely completed. The extension of City Gate Boulevard North is approximately 98% complete,
internal roadways, and parking lots are approximately 95% complete. The addition of four sports fields is
approximately 95% complete (fields 5, & 6 are 100%, fields 7 & 8 are 90%).
The current contract substantial completion date is January 30, 2023, with a final completion date of
February 28, 2023. While the contractor is making substantial progress toward completion, because of FPL
material delays staff estimates actual substantial completion will be 45 days beyond the January 30, 2023,
contractual substantial completion date.
Change Order #14 to Collier County Sport Complex Phase 2.1 and 2.2A, the Sixth Amendment to
Agreement No. 17-7198, provides for a time extension of 45 days to complete Phase 2.1 and 2.2A. This
Change Order is for additional time only adding forty-five (45) days to Contract time because Florida
Power & Light's ("FPL") design was missing material for four lighting locations on the project. FPL was
made aware of the issue and requested that the required material be provided for installation by the
Construction Manager's electrician. After numerous repeated requests by Davidson Engineering and
Manhattan, the material was not provided until January 25, 2023, which has a preliminary schedule impact
of 45 days.
Phase 1 & Phase 2 of the Agreement has several matters pending between the parties that need to be
addressed and resolved, which include change orders, damages resulting from delays, material price
increase claims, and other matters that need to be resolved to close out Phase I to move to open the Phase 2
facilities. The contractor and staff are working cooperatively to resolve those issues and are meeting
regularly to work towards settling the outstanding Phase I and Phase 2 issues.
Phase 3 update: Phase 3 includes field No. 9 and its associated prefabricated metal building structure
(Bldg. 21), the south parking lot and potentially a bathroom structure (Bldg. 18) originally value engineered
out of Phase 2. Staff has received the plans and provided comments back to the design team. Bidding for a
new contract mechanism separate from the current Manhattan contract is expected to commence in March
2023. Potential start of construction is summer 2023 with an approximate construction timeline of nine to
twelve months.
Unsolicited Offer for Long -Term Lease or Purchase Update: On November 7, 2022, the County
received a letter of interest from 3Step Sports to initiate a dialogue on a possible purchase or long-term
lease of the Paradise Coast Sports Complex. Through December staff has had multiple discussions with
3Step Sports. In mid January 3Step advised that changes in leadership will necessitate additional time to
generate the promised offer letter. Staff remains engaged.
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16.C.7
02/ 14/2023
Phase 4 update: The concept for this phase consists of eleven multipurpose fields (five fields will be
softball, mini soccer, and little league, six fields will be baseball and soccer) as well as ancillary buildings.
Building selection and design will be determined through the design process. Phase 4 design and
construction management services are estimated to be $1.4M with estimated construction costs between
$25M and $30M. Financing will be required. Staff will present a design contract and a plan of finance to
the Board late summer 2023.
The County's Procurement Services Division administratively approved this Change Order No. 14, as
authorized by the Board in accordance with its Procurement Ordinance, Section Nineteen, Contract
Administration, Section 19, subsection 3.b.
FISCAL IMPACT: This project update does not have a fiscal impact. Change Order No 14 is a net zero
dollar change. Funding for Sports Complex Project No. 50156 is provided in Sports Complex Capital
Improvement Fund (370). Funding for the project is provided by bond proceeds, TDC funds and the
General Fund.
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: To accept a project update on the Collier County Sports Complex and approve
administrative Change Order No. 14 to Collier County Sport Complex Phase 2.1 and 2.2A Agreement No.
17-7198 with Manhattan Construction (Florida), Inc., for a time extension of 45 days. (Project 50156)
Prepared by: Ayoub R. Al-Bahou, PE, LEED ® GA, ADAC, Principal Project Manager, Facilities
Management
ATTACHMENT(S)
1. Change Order #14 020223 (PDF)
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16.C.7
02/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doe ID: 24586
Item Summary: Recommendation to accept a project update on the Collier County Sports Complex and approve
administrative Change Order No. 14 to Collier County Sport Complex Phase 2.1 and 2.2A Agreement No. 17-7198
with Manhattan Construction (Florida), Inc., for a time extension of 45 days (Project 50156)
Meeting Date: 02/14/2023
Prepared by:
Title: Principal Project Manager — Facilities Management
Name: Ayoub Al-bahou
02/06/2023 12:48 PM
Submitted by:
Title: — Facilities Management
Name: John McCormick
02/06/2023 12:48 PM
Approved By:
Review:
Facilities Management
Paula Brethauer
Director - Facilities
Procurement Services
Ana Reynoso
Level 1 Purchasing Gatekeeper
Procurement Services
Sue Zimmerman
Additional Reviewer
Procurement Services
Sandra Herrera
Additional Reviewer
County Manager's Office
Ed Finn
CMO Completed
County Attorney's Office
Scott Teach
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Susan Usher
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
Skipped
02/08/2023 9:48 AM
Completed
02/08/2023 9:58 AM
Completed
02/08/2023 10:17 AM
Completed
02/08/2023 12:44 PM
02/08/2023 2:37 PM
Completed
02/08/2023 3:20 PM
Completed
02/08/2023 3:20 PM
Completed
02/08/2023 3:22 PM
Completed
02/08/2023 3:34 PM
Completed
02/08/2023 3:50 PM
02/14/2023 9:00 AM
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16.C.7.a
❑ this exhibit is not applicable
EXHIBIT F
CHANGE ORDER
® Contract Modification ❑ Work Order Modification
Contract #: 17-7198 Change #: 14 Purchase Order #: 4500209838 Project #: 50156
Contra ctorlf=lrm Name: Manhattan Construction Florida Inc. Project Name: Phase 2.1 Collier County Sports Complex
Project Manager Name: Ayoub AI-bahou, P.E.,ADAC,LEED GA department: Facilities Management
Original Contract/Work Order Amount
$ 32,998,449.0
11.13 1218/20
Original 13CC Approval mate; Agenda Item #
Current BCC Approved Amount
$ 29,688,852.4
11.13 12/8/20
j Last BCC Approval Date; Agenda Item # i
Current Contract/Work Order Amount
$ 29,688,852.43
2/28/2023
ASAP Contract Expiration Date (Master)
Dollar Amount of this Change
$ 0.00
-10.03%
Total Change from Original Amount j
Revised ContractlWork Order Total 1
$ 29,688,852.43
0.00%
IChange from Current BCC Approved Amount
Cumulative Changes 1
$ (3,309,596.57)11
0.00%
CChange from 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 61e122 Date 2128123 Includes this change) 4l14123
# of Days Added 45 Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ® Other (see below)
Provide a response to the following: 1.) detailed and specific explanationlrationale of the requested change(s) to the task(s) and l or
the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact of
this change Is not processed. Attach additional information from the Design Professional and Contractor if needed.
1) This change order requests the following: This Change Order is for additional time only adding forty-five (45) days to
Contract time due to FPL's design was missing material for 4 lighting locations on the project. FPL was made aware of the
issue and requested that the required material be provided for installation by Construction Manager's electrician. After
numerous repeated requests by Davidson Engineering and Manhattan, the material was not provided until January 2V11 Which
has preliminary schedule impact of 45 days in Manhattan request in its Notice of Claim.
2) The changes were not included in the original contract because F.P.& L. is direct vendor of Collier County and Construction
Manager does not have any control over their performance,
3) If the Change Order is not processed the contractor will not be credited for additional project time needed because of factors
outside of the contractor's control.
AI-bahouAyoub Digitally signed by Al-bahouAyoub
Prepared by:
Date: 2023.01.27 10:21:06-05'00' Date: _
(Ayoub Al-bahou, P.E.,ADAC, LEED GA, Principal Project Manager, Facilities Management Division)
Acceptance of this Change Order shall constitute a modification to the contract/work order identified above and will be subject to all the same
terms and conditions as contained in the contract 1 work order indicated above, as fully as if the same were slated in this acceptance. The
adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor 1 Vendor I Consultant 1 Design
Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
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16.C.7.a
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C �� I Bryant C C=US, ECam an ,OUm Vice reside t.GN com, Bry anhatlnn
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Accepted by: oaibzoza.ot.antzzast-asop Dale:
(Manhattan Construclion Florida, Inc.)
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Approved 6y: � .r. Date:
(Davidson Engineering)
Approved by:
Approved 6y:
McCormickJohn Digitally signed byMcCormickJohn
t� Date: 2023.01.30 14:45:13-05'00'
Date:
�n McCorrmick rim Division Director)
Date:
(Procurement roTessional)
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16.C.7.a
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
Dated:
(SEAL)
Approved as to form and legality:
By:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
- rS
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16.C.7.a
Change Order/Amendment Summary
COST
TIME
C0ft
AMD#
Description
Justification
s Da
Additive (*)
Deductive (-)
Added
New Amount
To deduct
builders' risk
The use of the owner's
1
insurance and
(;1 E303,tiU)
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 of the
allowance would not be
subcontractors
recognized
allowance.
To approve the
The use of the owner's
3
use of owners
allowance would not be
testing allowance.
recognized.
To deduct and
4
approve Direct
($753,3t35.80)
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 reconcllelreallocate SDI
the proper line
To deduct and
approve Direct
To lake advantage of sales tax
7
Material
($189,635.66)
Purchases. Core
savings.
& Main
To deduct and
approve Direct
Material
8
Purchases.
($1,095,177.51)
To take advantage of sales tax
Conrad
savings.
Yeivington and
Sportsfield
Specialties
Project time will be lost due to
9
To extend the
60
516
both material shortages and
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
Extended
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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16.C.7.a
Change Order/Amendment Summary
CO#
AMD#
Description
COST
TIME
Justification
Additive {+)
Deductive (-}
ass
Added
New Amount
11
To approve the
use of Owner
Contingency for
changes to the
project
0
661
The use of the owner's
contingency would not be
recognized.
12
Reversed of
DMPoriginally
approved on CO
#8
$506 395.57
0
661
Local supplier cannot provide the
required material
13
Hurricane Ian
Impact
0
0
60
721
Adding 60 days due to Impact of
Hurricane Ian to the site
14
FP&L schedule
impact
0
0
45
766
Adding 45 days due to lack of
FP& L material
a)
E
i=
r.
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16.C.7.a
Manhattan Construction Group 239.643.6000 (office)
3705-1 Westview Drive 239.643.0090 (facsimile)
Naples, FL 34104 www.manhattanconstructiongroup.com
Manhattan
Building excellence.
January 25, 2023
Facilities Management Division
Ayoub AI-Bahou
Principal Project Manager
3335 Tamiami Trail East
Naples, FL 34112
RE: Notice of Claim for Delay and Impacts, FPL 43
Collier County Sports Complex
Dear Mr. Al-Bahou,
As we have discussed previously, Florida Power & Light continues to impact our ability to complete the
project. As a direct vendor to Collier County, MCC has no control over their performance and they have,
on multiple occasions, failed to deliver necessary materials to the project so that our contract work to
install the material can be completed. This is the 3'd of such delays by FPL and our contract has been
previously extended for these events.
On November 41, while reviewing the as-builts for the FPL conduit, Davidson Engineering discovered
that FPL's design was missing material for 4 lighting locations on the project. MCC and Davidson
Engineering immediately made FPL aware of the issue and requested that the material be provided for
installation by our electrician. After numerous repeated requests by Davidson Engineering and
Manhattan, the material was not provided until today, January 25`t'. We will also need approximately 5
days to install the material, 10 days to as -built and 5 days to revise and record easements.
Furthermore, FPL has subsequent work to complete after MCC completes the installation of the conduit.
This includes of street lighting, parking lot lighting and pathway lighting. All of this work will be
required to be finished by FPL in order for MCC to pass final inspections on the site and achieve
Substantial Completion. While there are concerns for FPL's ability to furnish material and labor to
complete their work, the full impact to MCC's ability to achieve Substantial Completion is not currently
known due to FPL's inability to provide a schedule, It's due to these conditions that MCC respectfully
requests an extension of time of 45 days now and further reserves its rights to additional time as
additional delays occur.
Regards,
Craig Bryant
Vice President
Manhattan Construction Company
kU?rr
CAC
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