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Agenda 04/11/2023 Item #16A14 (Change Order No. 2 yo Agreement with Design-Build Whippoorwill Lane and Marbella Lakes Drive Connection)04/11/2023 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 2 to Agreement No. 20-7735, Design -Build Whippoorwill Lane and Marbella Lakes Drive Connection, to Quality Enterprises USA, Inc., adding ninety-five (95) days to the construction contract (County Project Number 60219). OBJECTIVE: To obtain approval of Change Order No. 2 to Agreement No. 20-7735, Design -Build Whippoorwill Lane and Marbella Lakes Drive Connection. CONSIDERATIONS: On April 13, 2021, the Board approved Agreement No. 20-7735 (the "Agreement") providing for the design -build of the Whippoorwill Lane and Marbella Lakes Drive Connection (the "Project") from Livingston Road to just south of Pine Ridge Road to Quality Enterprise USA, Incorporated. On October 11, 2022, the Board approved Change Order No. 1, which added 188 days to the Agreement due to delays arising related to permit approval and material acquisition. Further extending the time of the Agreement is necessary because of Hurricane Ian (5 days) and the time required to acquire street lighting, traffic signal equipment, and time impacts resulting due to labor shortages (90 days). Attached Change Order No. 2 seeks to add ninety-five (95) additional days to the Agreement, which would adjust the Substantial and Final Completion dates accordingly. The new substantial completion date would be July 29, 2023 and the new final completion date would be August 28, 2023. The County's Procurement Services Division administratively approved Change Order No. 2 as authorized by the Board's Procurement Ordinance at Section Nineteen, Contract Administration, subsection 3.b on March 22, 2023. No additional cost is associated with this time extension. FISCAL IMPACT: Approval of Change Order No. 2 does not require any additional funding. This project is funded with Road Impact Fees. GROWTH MANAGEMENT IMPACT: The requested actions are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To obtain approval for Change Order No. 2 to Agreement No. 20-7735, Whippoorwill Lane and Marbella Lakes Drive Connection, allowing for a ninety-five (95) day time extension, and authorize the Chairman to sign the attached Change Order. Prepared by: John Conti, Project Manager, Transportation Engineering Division ATTACHMENT(S) 1. Change Order No 2 03.23.23 (PDF) 2. RE DB Whippoorwill - Hurricane Ian request for days OK 11 -7-22 (MSG) 3. FW Whippoorwill Time Extension Request (MSG) I Packet Pg. 544 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doe ID: 25054 Item Summary: Recommendation to approve Change Order No. 2 to Agreement No. 20-7735, Design -Build Whippoorwill Lane and Marbella Lakes Drive Connection to Quality Enterprises USA, Inc., adding ninety-five (95) days to the construction contract (County Project Number 60219). Meeting Date: 04/11/2023 Prepared by: Title: Field Inspector, Senior — Transportation Engineering Name: John Conti 03/23/2023 2:28 PM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 03/23/2023 2:28 PM Approved By: Review: Transportation Engineering Matthew Thomas Additional Reviewer Completed 03/23/2023 2:35 PM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 03/23/2023 2:49 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 03/23/2023 6:08 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 03/24/2023 10:10 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/24/2023 3:58 PM Growth Management Department Danielle Bates Transportation Management Services Department Completed 03/29/2023 9:20 AM Procurement Services Priscilla Doria Additional Reviewer Completed 03/29/2023 12:09 PM Growth Management Department Gene Shue Additional Reviewer Completed 03/29/2023 1:34 PM Growth Management Operations Support Tara Castillo Additional Reviewer Completed 03/29/2023 1:43 PM Growth Management Department Trinity Scott Transportation Completed 03/29/2023 3:20 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/30/2023 1:22 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/31/2023 11:49 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/31/2023 2:56 PM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 04/01/2023 7:08 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2023 8:57 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 04/03/2023 4:23 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/05/2023 1:01 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/11/2023 9:00 AM I Packet Pg. 545 1 Co ie-r County x Contract Modification 0 Work Order Modification Procurement Services Change Order Form Contract #: Change #: = Purchase Order #. E::�� Project ff.- ContractorIFIrm Name: 17 Quality Enterprises ContractlProject: I Whippoorwill Ln Marbella Lakes Or Connection Project Manager Name:1 John Conti --7 Division Name: ransportation Engineering Services Original Contract/Work Order Amount $ 4,720,450.00 4-13-21 -111 A Original BCC Approv - al Date; Agenda Item # Current BCC Approved Amount $ 4,720,450,00 10-1 1-22116.A Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 4,720,450.00 11ft&2022- SAP Contract EXPiration Date (Master) —05/25Y �13Z Dollar Amount of this Change $ — 0.00 0.00% Total Change from Original Amount Revised ContractlWork Order Total 4,7-20,4-5-0—.00] 0.00% Change from Current BCC Approved Amount Cumulative Changes Y 6,00 1 0-00% Change 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 Date (Includes this change) # of Days Added Select Tasks EJ Add new task(s) El Deiete task(s) 171 Change task(s) x Other Provide a response to the following: 1.) detailed and specific o xpla nation /ration ale of the requested change(s) to the task(s) and I or the additional days added (If requested), 2.) why this change was not Included In the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Desiqn Professional and/or Contractor if nt-RdPri Additional Contract Days: . ... ... — 1. This change order will add 5 days to the contract time due to the effects of Hurricane Ian and 90 days due to production and delivery delays for various equipment for light poles, traffic signals and due to labor shortages. For a total of 95 days. The new Substantial Completion date would be July 29, 2023, and the new Final Completion date would be August 28, 2023. 2. The change being requested was not included in the original contract because the hurricane was an act of God; the delay in manufacturing and delivery of lighting and signal equipment and labor shortages were not known when this contract was put in place. 3. If this modification is not processed the contractor would not be able to complete the project within the contract time. D e ' 2 03.16 14:27:46 4 Prepared by: Jonn Uonti 01001 John Conti, Project Manager, Transportation —Engineering Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated 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 / Vendor / Consultant I Design Professional arising out of or related to the change set forth herein, including claims for Impact and delay costs, Accepted by: Louis J, Gaudio, Vice President, Quality Enterpri-s-es, Inc. ThornasMatthe T"h" 0 llmwalys M"'a]"0h'edvbY ..: 2023.03.16 MM26 Approved by: w .04'00' Matthew Thomas, P.E., Principal Project Manager, ransportation Engineering Ng�tally 5igoed by AnIhony Anthony Khawaja P.E. 111, 2113,01 M M5 1,30 Approved by: Khawaja P.E, -.4,0:0, Jay Ahmad, P.E., Division Director, Transportation Engineering D�gitally signed by <& ScottTrinity'Da-ote':'2'0"2"31.03.17 Approved by: 09:15:35 -04'00' Trinity Scott, Department Head, Transportation -M—anagement Services Revised: 01/14/2021 (Divisions who may require aftfional signatures may Include on separate sheet.) Date: Date: Date: Date: F —PROCUREMEM USE O—NLY '0 Admin I (8c EJS F—Packet Pg. 54�1 ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller L-A Dated: (SEAL) Approved as to form and legality: .0 Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMNUSSIONERS COLLIER COUNTY, FLORIDA M Rick LoCastro, Chairman CAI— FPacket Pg. 547 ligitally signed by Dorialpriscilla Approved by: DoriaPrisdllaDate: 2023.03.22 16:33:55 -04'00' /6� Uate� Procurement Professional Change Order/Amendment Summary C04 COST TIME AMD# Description Days New Additive Deductive Added Amount Justification Add 188 days 188 — 682 Needed days to Complete project. 2 Add 95 days 95 777 Needed days to complete project, Revised� 0111412021 (Divisions who may require additional signatures may include on separate sheet.) "Sr ONLY rmn n �,PtE�OCURET !t BCC ES r'� 548 Packet Pg. WilligGeoffrey From: Jack Hooper <JHooper@qeusa.com> Sent: Monday, November 7, 2022 9:44 AM To: ContiJohn Cc: Lou Gaudio; Joe Vaccaro; MatthewThomas Subject: RE: DB Whippoorwill - Hurricane Ian EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you John. a GUALITY E N T E R P R I S E S Jack Hooper Project Manager c: 615-495-6102 o: 239-398-5943 e: jhooper@qeusa.com 3494 Shearwater Street, Naples, FIL 34117 NOTICE: This email contains information that is legally privileged and confidential. If you have received this message in error, please notify me immediately and delete this message. Any unauthorized disclosure, copying, distribution or other use of this pro pri eta ry info rmati on is strictly prohibited. From: ContiJohn <John.Conti@colliercountyfl.gov> Sent: Monday, November 7, 2022 7:49 AM To: Jack Hooper <JHooper@qeusa.com> Cc: Lou Gaudio <Igaudio@qeusa.com>; Joe Vaccaro <JVaccaro@qeusa.com>; MatthewThomas <Matthew.Thomas@colliercountyfl.gov> Subject: RE: DB Whippoorwill - Hurricane Ian Jack, Collier County agrees with request for 5 added days due to Hurricane Ian. These days will be added before the Substantial Completion date by Change Order if needed. Respectfully, John R. Conti Project Manager Cgj*er County I Packet Pg. 549 1 Transportation Engineering Construction Engineering Inspection(CEI) John.Conti@colliercountvfl.gov. 2885 S Horseshoe Dr, Naples, FL 34104 Phone: 239-348-1328 PUDLYSENG COLLIER COUNTY SINM From: Jack Hooper <JHooper@qeusa.com> Sent: Thursday, November 3, 2022 8:34 AM To: ContiJohn <John.Conti@colliercountyfl.gov> Cc: Lou Gaudio <Igaudio@qeusa.com>; Joe Vaccaro <JVaccaro@qeusa.com> Subject: DB Whippoorwill - Hurricane Ian EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning John, QE is requesting 5 days be added to the schedule due to Hurricane Ian. I was told back in June that there were no provisions for weather days, but feel an event such as Ian falls under Article 15 of the contract. Thank you, a M m QUALITY E IN T E R P R I S E S Jack Hooper Project Manager c: 615-495-6102 o: 239-398-5943 e: 'hooperCcDcleusa.com 3494 Shearwater Street, Naples, FIL 34117 NOTICE: This email contains information that is legally privileged and confidential. If you have received this message in error, please notify me immediately and delete this message. Any unauthorized disclosure, copying, distribution or other use of this proprietary info rmati on is strictly prohibited. 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. 550 1 WilligGeoffrey From: ContiJohn Sent: Wednesday, March 15, 2023 8:14 AM To: ContiJohn Subject: FW: Whippoorwill Time Extension Request From: Lou Gaudio <Igaudio@qeusa.com> Sent: Thursday, March 9, 2023 7:57 AM To: ContiJohn <John.Conti@colliercountyfl.gov> Cc: MatthewThomas <Matthew.Thomas@colliercountyfl.gov>; Joe Vaccaro <JVaccaro@qeusa.com>; ZuverJames <James.Zuver@colliercountyfl.gov> Subject: RE: Whippoorwill Time Extension Request EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. ThanksJohn. 1.1 '' ' - Louis J. Gaudio Vice President c: 239-207-0660 o: 239-435-7200 e: Igaudio@qeusa.com 3494 Shearwater Street, Naples, FL 34117 NOTICE: This email contains information that is legally privileged and confidential. If you have received this message in error, please notify me immediately and delete this message. Any unauthorized disclosure, copying, distribution or other use of this proprietary information is strictly prohibited. From: ContiJohn <John.Conti@colliercountvfl.gov> Sent: Thursday, March 9, 2023 7:55 AM To: Lou Gaudio <Igaudio@qeusa.com> Cc: MatthewThomas <Matthew.Thomas@colliercountvfl.goy>; Joe Vaccaro <JVaccaro@qeusa.com>; ZuverJames <J am es.Zuve r@ col I i e rcou ntVf I.gov> Subject: RE: Whippoorwill Time Extension Request Lou, After review with staff, Collier County agrees to your request for an additional 90 calendar days. We will also add on the additional 5 days for hurricane Ian which we had previously agreed to for a total of 95 days which includes time needed to install all traffic signals. I Packet Pg. 551 1 Due to the projected September/October delivery date for the signal heads and ped signals, a stop work letter will be issued once all other project work is completed. I will immediately start working on the Change Order for this additional time. Respectfully, John R. Conti Project Manager Co*ieer CAyuvtty Transportation Engineering Construction Engineering Inspection(CEI) John.Conti@colliercountvfl.gov. 2885 S Horseshoe Dr, Naples, FIL 34104 Phone: 239-348-1328 WPROUDLY SEWNG COLLIER COUNTY SINM 1988 From: Lou Gaudio <Igaudio@qeusa.com> Sent: Wednesday, March 8, 2023 7:21 PM To: ContiJohn <John.Conti@colliercountvfl.gov> Subject: RE: Whippoorwill Time Extension Request EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. John The following issues are related to our time extension request. The critical items affecting the schedule are: Light Pole Foundations: Anchor Bolts are being delayed which need to be shipped to pre caster for foundations. These were anticipated in early February and are now due Mid March. As of today, we still have not been provided a confirmed date. Signal Heads and Ped Signals: We are being informed by Southern Signal that they received word yesterday that these items are now due in September/October I Packet Pg. 552 1 Signalization Control Cabinet: As of this week, cabinet is due to arrive in July. Labor Shortage: Due to the robust economy, labor shortages are an ever increasing issue. In addition, due to the high cost of living here in Collier County, the majority of labor is residing in Lee and Charlotte county and due to the effects of Hurricane Ian in that region, the amount of work that it has created coupled with the high cost of fuel, the majority of the work force is remaining local in those areas due to the abundance of work. We are continuously looking for additional help and are adding resources as they become available. Due to the above items, QE is requesting a time extension of 90 Calendar Days. Please let me know if you would like to discuss further. Thanks [.] T,111 "ll-111111 '---"'--'- Louis J. Gaudio Vice President c: 239-207-0660 o: 239-435-7200 e: Igaudio@qeusa.com 3494 Shearwater Street, Naples, FL 34117 NOTICE: This email contains information that is legally privileged and confidential. If you have received this message in error, please notify me immediately and delete this message. Any unauthorized disclosure, copying, distribution or other use of this proprietary information is strictly prohibited. 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. 553 1