Agenda 04/11/2023 Item #16C10 (Change Order No. 16 to Paradise Coast Sports Complex Phase 2.1 and 2.2A)04/11/2023
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 16 to Paradise Coast Sports Complex Phase 2.1 and 2.2A,
under the Sixth Amendment to Agreement No. 17-7198 with Manhattan Construction (Florida), Inc.,
providing for a time extension of 45 days (Project 50156).
OBJECTIVE: To approve Change Order No. 16 for an extension of time necessary to accommodate unforeseen
delays as discussed below.
CONSIDERATION: Change Order No. 16 to Paradise Coast Sports Complex Phase 2.1 and 2.2A, under the
Sixth Amendment to Agreement No. 17-7198 (the "Agreement"), provides for a time extension of 45 days to
complete the work for those phases. This Change Order proposes to add forty-five (45) days to the Agreement's
contract time currently approved through previous change orders.
Florida Power & Light ("FPL") is a direct vendor to the County; and the County's Construction Manager at Risk,
Manhattan Construction (Florida), Inc. (the "CM") has no control over FPL's perfon-nance or timely provision of
integral project related services. On several earlier occasions, FPL's delay impacted achieving the established final
completion date, which required time extensions to the contract time. The following work remains to be completed
by FPL:
A) Lightin : FPL is on -site and proceeding with lights for the South Stadium parking lots, Cove parking
lot, north parking lot, City Gate Boulevard South, pedestrian lighting internal to park, and City Gate
Boulevard North.
B) Primaa fee : The electrical design for irrigation pumps and lights for City Gate Boulevard North are
underway.
Due to the FPL task delays above, the overall project will require an additional 45 days to complete.
FISCAL IMPACT: This change order does not have a fiscal impact. 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 ftmds 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 approve Change Order No. 16 to Paradise Coast Sports Complex Phase 2.1 and 2.2a,
under the Sixth Amendment to Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., providing for
a time extension of 45 days (Project 50156).
Prepared by: Ayoub R. Al-Bahou, Principal Project Manager, Facilities Management Division
ATTACHMENT(S)
1. 4500209838—CO#16—ManhattanConstruction(Florida)lnc. [APPROVEDIA (PDF)
I Packet Pg. 1003
04/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doe ID: 25028
Item Summary: Recommendation to approve Change Order No. 16 to Paradise Coast Sports Complex Phase 2.1
and 2.2A, under the Sixth Amendment to Agreement No. 17-7198 with Manhattan Construction (Florida), Inc.,
providing for a time extension of 45 days (Project 50156).
Meeting Date: 04/11/2023
Prepared by:
Title: Principal Project Manager — Facilities Management
Name: Ayoub Al-bahou
03/21/2023 12:22 PM
Submitted by:
Title: — Facilities Management
Name: John McCormick
03/21/2023 12:22 PM
Approved By:
Review:
Procurement Services
Ana Reynoso
Level 1 Purchasing Gatekeeper
Facilities Management
John McCormick
Director - Facilities
Facilities Management
Ayoub Al-bahou
Additional Reviewer
Procurement Services
Sue Zimmerman
Additional Reviewer
Procurement Services
Priscilla Doria
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Procurement Services
Sandra Herrera
Additional Reviewer
Public Utilities Department
George Yilmaz
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
Corporate Compliance and Continuous Improvement
Megan Gaillard
Office of Management and Budget Christopher Johnson Additional Reviewer
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Community & Human Services Maggie Lopez Additional Reviewer
Office of Management and Budget Susan Usher Additional Reviewer
County Manager's Office Ed Finn Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed
03/21/2023 12:32 PM
Completed
03/21/2023 12:52 PM
Completed
03/21/2023 2:34 PM
Completed
03/23/2023 1:22 PM
Completed
03/29/2023 12:04 PM
Completed
03/30/2023 2:46 PM
Completed
03/31/2023 5:37 AM
Skipped
03/31/2023 10:50 AM
Completed
03/31/2023 11:06 AM
Completed
03/31/2023 2:50 PM
Additional Reviewer
Completed
04/01/2023 8:25 PM
Completed
04/03/2023 8:33 AM
Completed
04/03/2023 9:23 AM
Completed
04/03/2023 9:34 AM
Completed
04/03/2023 1:31 PM
Completed
04/04/2023 1:45 PM
04/11/2023 9:00 AM
I Packet Pg. 1004 1
F] this exhibit is not applicable
N Contract Modification
EXHIBIT IF
CHANGE ORDER
M Work Order Modification
Contract #: 1 17-719 Change #.* [E] Purchase Order #: 4500209838 Project #: 50156
Contractor/Firm Name: I Manhattan Construction Florida Project Name: F hase 2.1 Collier County Sports Complex
Ayoub Al-bahou, P.E.,ADAC Department: Facilities Management
Project Manager Name:�
Original Contract/Work Order Amount $ 32,998,449.00'
Current IBCC Approved Amount $ 29,546,824.4�'
Current ContractiWork Order Amount $ 29,546,824A2
Dollar Amount of this Change $ 0.00
Revised Contract/Work Order Total $ 29,546,824.42
Cumulative Changes $ (3,451,624.58)1
11.13 12/8/20
Original BCC Approval Date; Agenda Item
11,13 12/8/20
� Last BCC Approval Date; Agenda Item #
4114/2023
SAP Contract Expiration Date (Master)
-10,46%
Total Change from Original Amount
0.00%
Change from Current BCC Approved Amount
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 111 Add now task(s) El Delete task(s) E:) Change task(s) Z Other (see below)
Provide a response to the following: 1.) a detailed and specific explanation/rationate 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 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 as an update to previously approved changed order for extension of time, Florida Power & Light (FP&L) continues
to impact the contractor ability to complete the project. FP&L is 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 contract work to
install the material can be completed. This is the 3rd of such delays by FP&L and the contract has been previously extended for
these events.
According to the last FP&L latest update, there continues to be outstanding work to be completed by FP&L as follows:
a) Lighting: FP&L is on -site and proceeding with lights for South Stadium parking lots, Cove parking lot, north
parking lot, City Gate Boulevard South, pedestrian lighting internal to park, and City Gate Boulevard North, FPL
estimated to be completed by middle of March.
b) Primary feed: the electrical design for irrigation pumps and lights for City Gate Boulevard North are underway.
Estimated completion of the design and construction work is estimated to be end of April.
The delay in providing these items has again an estimated schedule impact of 45 days as stated in Manhattan request in its
Notice of Claim dated 3/9/2023
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.
ligitally signed by Al-bahouAyoub
AkbahouAyoub[Date: 2023.03.10 19:56:57 -05'00'
Prepared by: 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 / 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 / Design
Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
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Accepted by:
Approved by:
Digitally signed ly Craig ,an,
DN C=US, E=cbryant@manahattanconstruction.com, O=Manhattan
Construction Company, OU=Vice President, CN=Craiq Bryant
Craig Bryant Date 2023.03.13 16 15 12-04'00' Date:
(Manhattan Construction Florida, Inc.)
gpe n=l,ff D,v,l,,n, =Davidson
Engineering, —Engineering,
email=jeffgdavidsonengineering.
RA�I'p S 0 N rom, C=US
2023,03.13 10:07:51 -04'00'
(Davidson Engineering)
Digitally signed by McCormickJohn
McCormickJohn Date: 2023.03.14 10:21:10 -04'00'
Approved by:
Date:
Date:
(John McCormick, Interim Division Director)
Digitally signed by DoriaPriscilla
Approved by: DoriaPriscilla Date: 2023.03.21 10:49:04 -04'00' Date:
(Procurement Professional)
"Change Order #16 is contingent upon final Board approval of Change Order #15 under PO#4500209838. Board
approval of Change Order # 15 has not been issued as of the date approved by Procurement official above. if no Board
approval to Change Order #15 is issued, this Change Order #16 shall be null and void.
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ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
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Dated:
(SEAL)
Approved as to form and legality:
M-
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
W.
Rick LoCastro, Chairman
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Change Order/Amendment Summary
COST
TIME
CO#
AMD#
Description
Justification
Days
Additive
Deductive
Added
New Amount
To deduct
builders' risk
The use of the owner's
I
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 subcontractors
2
use ofthe
allowance would not be
subcontractor's
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
($753,38�.80)
To t ake 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 reconcile/reallocate SDI
the proper line
To deduct and
approve Direct
To take advantage of sales tax
7
Material
(".)189,635.66)
savings.
Purchases, Core
& Main
To deduct and
approve Direct
Material
8
Purchases.
To take advantage of sales tax
Conrad
savings.
Yelvington 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
th e COVI D-1 9 pa nde m ic
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.
�3,06&63)
145
661
lost due to both material
Increase to the
shortages and shipping delays,
project due to
ripple effects of the C OVI D-1 9
materials delays
pandemic
And to extend the
time by 145 days
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Change Order/Amendment Summary
COST
TIME
CO#
AMD#
Description
Justification
Days
Additive
Deductive
Added
New Amount
To approve the
use of Owner
The use of the owner's
11
Contingency for
0
661
contingency would not be
changes to the
recognized.
project
Reversed of DMP
12
originally
$506,395,57
0
661
A local supplier cannot provide
approved on CO
the required material.
#8
Adding 60 days due to the
13
Hurricane Ian
0
0
60
721
impact of Hurricane Ian on the
Impact
site.
Adding 45 days due to lack of
14
FP&L schedule
0
0
45
766
FP& L material
impact
Modifications to bid documents
15
Modification to bid
-142,028.01
0
are required to achieve final site
documents
approval and enhance the
operation of the fields.
FP&L schedule
0
0
45
811
Adding 45 days due to lack of
16
impact
FP& L material
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Manhattan QOr)s1ructiOO GrOUP 239,C,43.6000 (office)
3705-1 Wesiview Drive 239.643.00W (facsimi�a)
Naples, F L 34104 www.manhattEiriconstructiongroup.com
Manbicattan
Building Pxcellerxe.
March 9, 2023
Facilities Management Division
Ayoub Al-Bahou
Principal ProjectManager
3335'ramianii Trail E.asr
Naples, FL, 34112
RE: Notice of Claim for Delay and ImpLcts, FPL #4
Collier Coulltv sports Complex
Deal- Mr. Al-Bahou,
As an update to our previously sent letter dated January 25, 2023, Florida Power & Light continties to
irnpaCt OUrabilily to complete the proJect. As a direct vendor to Collier County, MCC has no control
over thrir Performance and they htive, on multipie occasions, failed to deliver necessary materials to the
prQject so that our contract woi k to inmall the material can be completed. This is the 3' of such delays by
FPL and our contract has been previously extended fol'theSe events.
According to the 1,jSj Ij1j__ up(late frorn Davidson Engineering, dated March 1, 2023, there continues to be
outstanding work to be cornpleted by FPL a� follows:
LIGHTING
0 Ferrara (17PI, sub) is on -site, and proceeding with Areas 2 (South Stadium parkin- lots). 3 (Cove
Parking). 4. (fields 5/6 north parkin- lot), ind I (Phase I CGBS), 6 (Phaw 11 CGBS), 7
(pedestrian lighting internal to park), 8 (CGBN),
County to provide updated signed agreement (3 poles added),
FPI_ will have Fell-kira replace olle 17" HH with a 24" KH at (lie 3-pole addition locatim (FPL
mistake)
0 Engineering has completed fu H reviews for AREAS 1, 2 3, 4. and 6. AREAS 5.. 7. and 8 are
ponding (FYI 5 and 7 are. de.woped AREAS). FPL is reviewing and will follow -tip.
L, 1�
PRIMARY
F-11gineering will be completed this week.
Schedule release should be Out next week,
Prinlflry irnpaCtS irri-atiOn Pumps and a pol-tiort of lighting for CG13N extension.
Z_
A] I 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 furnisli material
and labor to complete their work. the fUll impact to MCC's ability to achieve Substantial Completio. n is
not currently known due to FPL's inability to provide aschedule. It's due to tbese condiLiOnS that MCC
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respectfully requests an extensi011 of time of 45 (lays now and furtherreserves its rights tu additional time
as additiowd delays occur.
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