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Agenda 05/09/2023 Item #16A10 (Intersection Improvements at Randall Blvd at Everglades Blvd.)05/09/2023 EXECUTIVE SUMMARY Recommendation to waive liquidated damages in the amount of $508,690.00 against Pavement Maintenance, LLC, for contract No. 21-7887, Randall Boulevard at Everglades Boulevard Intersection Improvements, arising from the delayed acquisition of traffic signal equipment, and approve/ratify the after -the -fact payment of the final payment application in the amount of $258,592.43, subject to the contractor providing all required backup documentation prerequisite to processing payment. (Project Number 60242). OBJECTIVE: To waive liquidated damages in the amount of $508,690.00 against Pavement Maintenance, LLC., pertaining to the construction of the Intersection Improvements at Randall Boulevard and Everglades Boulevard Project under Agreement No. 21-7887, and authorize payment of the final payment application in the amount of $258,592.43 CONSIDERATIONS: On July 13, 2021, the Board approved the award of Agreement No. 21-7887 "Randall Boulevard and Everglades Boulevard Intersection Improvements" (the "Agreement"), to Pavement Maintenance, LLC., (hereafter, the "Contractor") in the amount of $1,109,001.92 (Agenda Item 16A28). The Agreement allowed for 150 calendar days for Pavement Maintenance, LLC., to substantially complete the work, with final completion to conclude 30 days thereafter. The Agreement also permits the County to assess liquidated damages against Pavement Maintenance, LLC., in the amount of $1,690.00 for each calendar day after the substantial completion date passes until substantial completion is achieved. Staff issued a Notice to Proceed designating March 10, 2022, as the Substantial Completion date and April 11, 2022, as the date for Final Completion. On March 10, 2022, staff issued a Notice to Suspend Work and on April 19, 2022, staff issued a Notice to Resume Work effective April 20, 2022, stating that "After April 20, 2022, liquidated damages will be assessed at $1,690.00 per day until the project is complete" (301 days). In addition, staff agreed to Change Order #1 adding 12 days to the contract time for holidays (5) and weather delays (1) and for additional work (6). Change Order #1 was administratively approved on May 19, 2022, per the Procurement Ordinance 2017-08, Section 19, Contract Administration, Subsection 3.b, and subsequently approved by the Board on June 14, 2022 (Agenda Item # 16E4A). The revised Final Completion date was June 1, 2022, based on the time extension in Change Order # 1. The Substantial Completion for all work except the traffic signals was achieved on March 10, 2022, as intended under the agreement. However, due to delays in acquiring the traffic signal equipment as a result of various factors, such as, supply chain interruptions and Hurricane Ian, the Final completion was not reached until February 16, 2023. The Substantial Completion for the roadways was completed on March 10, 2022, and a Substantial Completion form was accepted by staff for this project dated as of March 10, 2022. The Clerk's Office questioned the acceptance of the Substantial Completion form because the traffic signal portion of the work was not substantially completed. The Contractor reached Final Completion of the project and the work was accepted by County staff on February 16, 2023. County staff determined that there was no impact to the County as a result of the missed substantial completion deadline. Therefore, County staff recommends against imposing liquidated damage charges against the Contractor because the critical portion of the project was substantially completed (the construction of improvement to the roadways), and neither the public nor the County sustained actual damages as a result of the delay in acquiring and installing the traffic signal equipment, which was beyond the control of the Contractor. Accordingly, County staff is requesting that the Board waive the liquidated damages in the amount of $508,690.00 against Pavement Maintenance, LLC. The Contractor provided Final Payment Application #7 in the amount of $258,592.43 for work between July 1, 2022, through November 30, 2022. County staff is requesting the Board provide an after -the -fact approval for payment of the Final Payment Application in the amount of $258,592.43 because the work was completed as required, but after the expiration of the contract, the exhaustion of the change order time, and the substantial and final completion dates. The recommendation to approve payment is subject to the Contractor providing all required backup documentation prerequisite to processing payment. Packet Pg. 323 05/09/2023 FISCAL IMPACT: There is no additional fiscal impact associated with these actions. Funding for the Final Payment Application, in the amount of $258,592.43, is currently budgeted and encumbered within Gas Tax Fund (313), Project No. 60242. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To waive liquidated damages in the amount of $508,690.00 against Pavement Maintenance, LLC., for Agreement No. 21-7887, Randall Boulevard at Everglades Boulevard Intersection Improvements, arising from the delayed acquisition of traffic signal equipment, and approve/ratify the after -the -fact payment of the final payment application in the amount of $258,592.43, subject to the contractor providing all required backup documentation prerequisite to processing payment. (Project Number 60242) . Prepared By: John Conti, Project Manager II, Transportation Engineering ATTACHMENT(S) 1. [Link]21-7887 PavementMaintenance_Contract. 2. Exhibit H Certificate of Final Completion signed(PDF) 3. CO#1 PO 4500212394 approved with all signatures_ (PDF) 4. Randall Blvd at Everglades Blvd Resume Work Letter (PDF) 5. NTP 2021 for Randall Blvd at Everglades Blvd Intersection Improvements (PDF) 6. Exhibit F-Certificate of Substantial Completion signed (PDF) 7. Pavement Maintenance ATF (PDF) 8. Final Pay App #7 (PDF) 9. Notice to Suspend Work signed JC_ (PDF) Packet Pg. 324 16.A.10 05/09/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 25219 Item Summary: Recommendation to waive liquidated damages in the amount of $508,690.00 against Pavement Maintenance, LLC, for contract No. 21-7887, Randall Boulevard at Everglades Boulevard Intersection Improvements, arising from the delayed acquisition of traffic signal equipment, and approve/ratify the after -the -fact payment of the final payment application in the amount of $258,592.43, subject to the contractor providing all required backup documentation prerequisite to processing payment. (Project Number 60242). Meeting Date: 05/09/2023 Prepared by: Title: — Transportation Engineering Name: Kimberly Brandes 04/12/2023 2:06 PM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 04/12/2023 2:06 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Transportation Engineering Matthew Thomas Additional Reviewer Growth Management and Community Development Department Jeanne Marcella Department Transportation Engineering Jay Ahmad Additional Reviewer Transportation Management Operations Support Tara Castillo Growth Management and Community Development Department Lisa Taylor Corporate Compliance and Continuous Improvement Megan Gaillard Transportation Management Services Department Trinity Scott Procurement Services County Attorney's Office Office of Management and Budget Office of Management and Budget Community & Human Services County Attorney's Office County Manager's Office Sandra Herrera Additional Reviewer Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Christopher Johnson Additional Reviewer Maggie Lopez Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Completed 04/12/2023 2:56 PM Completed 04/13/2023 7:12 AM Transportation Management Services Completed 04/13/2023 10:40 AM Completed 04/13/2023 10:43 AM Additional Reviewer Completed 04/13/2023 10:52 AM Additional Reviewer Completed 04/13/2023 10:56 AM Additional Reviewer Completed 04/17/2023 11:52 AM Transportation Completed 04/18/2023 11:18 AM Completed 04/24/2023 7:25 AM Completed 04/25/2023 4:46 PM Completed 04/26/2023 8:26 AM Completed 04/27/2023 11:40 AM Completed 04/27/2023 4:22 PM Completed 04/28/2023 9:59 AM Completed 05/01/2023 12:38 PM Packet Pg. 325 05/09/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 05/09/2023 9:00 AM Packet Pg. 326 16.A.10.b ❑ this exhibit is not applicable EXHIBIT H CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. 60242 ENGINEER'S Project No. NA PROJECT: Randall Boulevard at Everglades Boulevard Intersection Improvements CONTRACTOR Pavement Maintenance, LLC Contract For Intersection Improvements at Randall Blvd & Everglades Blvd. Contract Date July 13, 2021 This Certificate of Final completion applies to all Work under the Contract documents. To Collier County Transportation OWNER The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: February 16, 2023 DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Executed by Design Professional on NA , 20_ Packet Pg. 327 16.A.10.b Design Professional By: NA Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on February 16, 2023 Pavement Maintenance, LLC CONTRACTOR OWNER accepts this Certificate of Final Completion on February 16, 2023 Collier County Transportation OWNER In Digitally signed by John Conti John Conti Date: 2023.02.16 09:47:46-05'00' John Conti, Project Manager Packet Pg. 328 16.A.10.c Coltr County ❑ Contract Modification ❑ Work Order Modification Procurement Services Change Order Form Contract #: 21-7887 Change #: 1 Purchase Order #: 4500212394 Project #: 60242 Contractor/Firm Name: Favernent Maintenance LLC Contract/Project: Randall Blvd @ Everglades Blvd Intersection 'roject Manager Named John Conti Original Contract/Work Order An Current BCC Approved Amount Current Contract/Work Order Amount Dollar Amount of this Change Revised Contract/Work Order Total Cumulative Ch IDivision Name: $ 1,109, 001. 92 7113/21 16A28 $ 1,109, 001.92' 7/13/21 16A28 $ 1,109, 001.92 5/20/2022 Transportation Engineering/ Growth Management original LSUU Approval uate; Agenda Itei Last BCC Approval Date; Agenda Item # SAP Contract Expiration Date (Master) 0.00% Total Change from Original Amount $ 1,109,001.92 0.00% Change from Current BCC Approved Amount $ 0.00 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed 10/11/2021 Original 4/11/2022 Last Approved 5/20/2022 Revised Date Date Completion Date Date (Includes this change) # of Days Added P2 Select Tasks x Add new task(s) ❑ Delete task(s) ❑ Change task(s) x Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / 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 frorn the Design Professional and/or Contractor if needed. A. Additional Concrete Pipe Driveway Culvert (RCP) (430-175-118), Concrete Mitered End Section (430-984-125), Additional Asphalt Concrete Friction Course (337-742) 1. This change order will use Owner's Allowance to pay $5,260.00 for additional materials (see Exhibit A for details) due to changes in existing conditions at 3042 Randall Blvd. 2. The change being requested was not included in the original contract because the new home at 3042 Randall Blvd did not exist at the time of design. The additional work was added by the Collier County Engineer of Record under Plan Revision #4 3. If this modification is not processed the home owner would not have proper and safe access to the residence. B. Additional Flowable Fill -Controlled Low Strength Concrete Mix (121-70) 1. This change order will use Owner's Allowance to pay $11,000.00 due to existing soil conditions and backfilling requirements 2. The change is being requested due to the oversized engineered special drainage structures and concrete pipe. Additionally the contract quantity was an engineers quantity estimate. 3. If this modification is not processed the concrete backfill would not meet construction standards for pipe embankment FDOT standard specifications 125-8-1 (backfilling-general requirements). C. Additional Work Directive #1: Ditch Bottom Inlet -Type C Furnished and Installed (425-1-521) 1. This change order will use Owner's Allowance to pay $6,543.08 for changes in the plans, by Collier County Engineer of Record, under plan revision #5. 2. This change is requested because the original plans called out for a Mitered End Section S-103 to be installed on Randall Blvd at station 677+71 After a review by the Collier County Engineer of Record the termination point of the drainage pipe needed to be a Ditch Bottom Inlet-Type-C not a Mitered End Section and was changed under plan revision #5. 3. If this modification is not processed a drop off condition beside the edge of pavement would have exceed FDOT and Collier County standards causing a unacceptable safety issue for the traveling public. Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin C BCC ES Packet Pg. 329 16.A.10.c D. Additional Super Pavement Asphalt Type 12.5 TL-C (334-1-12-2) 1. This change order will use Owners Allowance to pay $10,013.56 due to existing road conditions, to match grades and slope. 2. This change is requested because the plans and direction by the County Engineer of Record indicated to match existing grades and hold the slope to a 2% grade. 3. If this modification is not processed the roadway would not have adequate sheet flow, resulting in ponding on the travel lanes and a safety issue to the traveling public. E. Additional Contract Days: 1. This change order will add 12 days to the contract time for holidays (5), weather delays (1), over -runs (3) and Work Directive #1 (3). 2. The change being requested was not included in the original contract because there is no work on holidays and weather delays. Revisions in plans could not be anticipated or predicted. 3. If this modification is not processed the contractor would not receive fair time for holidays, weather delays and unexpected extra work beyond the contractor's control. ❑I, 1,11y signed by Jahn C-1, John Conti t' 022.05.1115:12:13 Prepared by' Date: (John Conti, Project Manager) 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 / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Juan Gomez Digitally signed by Juan Gomez Accepted by: Date: 2022.05.12 14:35:49-04'00' Date: (Juan Gomez, Project Manager, Pavement Maintenance LLC) RitterSteve Digitally signed by RitterSteve Accepted by: Date: 2022.05.12 15:50:33-04'00' Date: (Steve Ritter, Construction Manager, Transportation Engineering) Anthony P.E.Digitally signed by Anthony Khawaja P.E. Y KhaWa J Date: 2022.05.13 14:35:28-04'00' Approved by: Date: (Jay Ahmad, PE. Division Approved by: (Trin Approved , Tran§portation Management Services Department) ment Strategist, Procurement Services) Date: Date: ! �Y Revised: 01 /14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin B BCC ES Packet Pg. 330 16.A.10.c Change Order Summary COST TIME CO# AMD# Description Justification Additive (+) Deductive 0 Days Added New Amount Use of Owner's Field adjustments and FOR plan Allowance of revisions to match existing 1 $32,816.64, with a balance left of 12 192 conditions to FDOT specifications. Pay items based on field $42,183.36 and measurements. Holidays and add 12 days weather delays. m c ti 00 00 N O Z L 0 a) E d R J N N LO N I a� L .y '4 t r 3 CD 0 L Q Q M N N O O LO 0 a r 0 U r c m E t R .r r a Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin B BCC ES Packet Pg. 331 16.A.10.c Collier County Transportation Engineering WORK DIRECTIVE CHANGE #1 CONTRACT #21-7887 PROJECT NAME: Randall @ Everglades Intersection Improvement Project CHANGE#1 DATE OF ISSUANCE: 2-25-2022 EFFECTIVE DATE: 2-25-2022 OWNER: Collier County Board of Commissioners PROJECT#: 60242 CONTRACTOR: PMI ENGINEER/DESIGN PROFESSIONAL: Julio F. Ordonez FL PE You are directed to proceed promptly with the following change(s): Description: Remove the existing mitered end section identified in the plans as S-103. Furnish and install complete type-C inlet drainage structure with a transverse slot in place of S-103. Regrade and sod area for restoration. Follow instructions provided in Engineers Plan Revision #5 dated 2-3-2022 Purpose of Work Directive Change: Safety issue to the traveling public and pedestrians due to a drop-off condition exceeding FDOT specifications. Attachments: If a claim is made that the above change(s) have affected Contract 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 Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records ® Lump Sum ® Engineer's record Other Time & Material ❑ Other Estimated (increase) decrease in Contract Price Estimated change in Contract Time: $ 7,250.00 Increase by 3 calendar days. RECOMMENDED: AUTHORIZED: By: Julio F. Ordonez FL PE By: Joseph W. Coccia Senior Field Inspector TECM Owner's Representative Packet Pg. 332 jol sa6ewep palepinbi-1 anieM : WSZ) sain}eu6is lie y;inn panoidde V6EZLZOOSti Od 1#OO :;uawyoe}}br N ,it N 0 cm U U u m O aL a� E CU o L aw Q E H =pUJ m U X L TQ w c U cu cu w HaQ zF¢vWi ¢ O W � w O' F- a= F z Wo (A M CO) M Cb IL �a IL 16.A.10.c LLC 1640 8enc ota#-k,4j1P. Ft- AfYm ; FZorzzd 33905 (239,)394 -6T60 Facer (239,)334 -6553 Request for CHANGE ORDER #1 Project: RANDALL BLVD & EVERGLADES BLVD PMI Job No.: 11477 Date: Re: February 24, 2021 REV 3-21-22 REV 4-20-22 S-103 Replacement To: Collier County Growth Management Attn: Joe Coccia Amount $ 6,543.08 Ph: 239-348-1328 Cell: 239-571-7080 Description of Proposed Change Order: Remove Pipe & Forms Excavator 2.5 HR $ 290.00 $ 725.00 Excavator Operator 2.5 HR $ 27.00 $ 67.50 Laborer X 3 7.5 HR $ 20.00 $ 150.00 Hual off & Dispose Driver ( Naples to Fort Myers Round Trip) 2 HR $ 25.00 $ 50.00 PMI - Truck & Trailer 2 HR $ 75.00 $ 150.00 Type C Inlet Type C inlet Knok box 1 EA $ 1,045.00 $ 1,045.00 Box & Grate Mobilization (PMI Lowboy 5HR Round Trip) 5 HR $ 250.00 $ 1,250.00 Inlet Installation Grade & Prep Excavator 3 HR $ 290.00 $ 870.00 Excavator Operator 3 HR $ 27.00 $ 81.00 Laborer X 3 9 HR $ 20.00 $ 180.00 Plate Compactor (PMI) 1 Day $ 250.00 $ 250.00 DOT Collar Concrete Material 1 CY $ 150.00 $ 150.00 Short Load Fee 1 EA $ 400.00 $ 400.00 Regrade Swale Skids Steer 1.5 HR $ 190.00 $ 285.00 Skids Steer Operator 1.5 HR $ 22.00 $ 33.00 Superintendant & Operations Manager Time 2 HR $ 100.00 $ 200.00 OIH & Profit 1 LS $ 588.65 $ 588.65 Tax for Inlet Box 1 LS $ 67.93 $ 67.93 Total $ 6,543,08 Packet Pg. 334 16.A.10.c ArnoldChristine From: CocciaJoe Sent: Thursday, April 21, 2022 9:01 AM To: ContiJohn Subject: FW: Emailing: Work Directive Change Attachments: Work Directive Change.docx Joseph W. Coccia Field Inspector, Senior Collier County Transportation Management Services Department Transportation Engineering Division 2885 N. Horseshoe Drive Naples, FI 34102 Phone: 239-348-1328 Cell: 239-571-7080 Joe.coccia@colliercountyfl.gov -----Original Message ----- From: CocciaJoe Sent: Friday, February 25, 2022 8:26 AM To:'Juan Gomez' <JGomez@pmioffl.com> Cc: Rick Schindler <RSchindler@pmioffl.com>; Rich Cochrane <RCochrane@pmioffl.com> Subject: Emailing: Work Directive Change Juan, For your records. Your message is ready to be sent with the following file or link attachments: Work Directive Change Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 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. Packet Pg. 335 16.A.10.d C-w0 7C-rn�.7�ty Transportation Management Services Department Transportation Engineering Division April 19, 2022 Joseph Ward Manager Pavement Maintenance, LLC 1640 Benchmark Ave Fort Myers, FL 33905 Re: Contract 21-7887 Randall Boulevard at Everglades Boulevard Intersection Improvements Purchase Order/Work Order # 4500212394 Collier County Project No. 60242 Notice to Resume Work Dear Mr. Ward: On March 10, 2022, a suspension letter was issued for this project. Effective April 20, 2022, the above referenced Project/Work Order will be reactivated. You will have 30 days remaining on the contract which equates to a May 20, 2022, final completion date. After April 20, 2022, liquidated damages will be assessed at $1,690.00 per day until the project is complete. If you have any questions, please do not hesitate to contact me at the information above. Sincerely, Digitally signed by John Conti John ti Date CO: 202222 DateCo: 14:56:08-04'00' John Conti Project Manager Transportation ErKjneeMg Division • 2885 South Horseshoe Drive • Naples, Florida 34104.239-252-8192 • www.ColliaCount FL.Gov Packet Pg. 336 16.A.10.d C: Procurement Operations Transportation En jneering Division • 2885 South Horseshoe Drive • Naples, Florida 34104.239-252-8192 •www.CdIierCountvFC . Packet Pg. 337 16.A.1O.d Transportation En jneering Division • 2885 South Horseshoe Drive • Naples, Florida 34104.239-252-8192 •www.CdIierCountvFC . Packet Pg. 338 16.A.10.e Cv 7er Comity 00 Growth Management Department Transportation Engineering Division N September 20, 2021 Joseph Ward, Manager Pavement Maintenance, LLC 1640 Benchmark Ave. Fort Myers, FL 33905 RE: NOTICE -TO -PROCEED FOR Randall Boulevard at Everglades Boulevard Intersection Improvements Contract No. 21-7887 Purchase Order/Work Order No. 4500212394 Collier County Project No. 60242 Dear Mr. Ward: This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your Company to commence with the above referenced project. This NTP is issued pursuant to Contract #21-7887. The purchase order number is shown above and a copy of the P.O. is enclosed. This NTP is limited to the scope of work for: Randall Boulevard at Everglades Boulevard Intersection Improvements for the contract price of $1,109,001.92. To facilitate the payment process, please include the following information on each invoice: The beginning and ending billing dates; the purchase order/work order number written above, as well as the Collier County project number. Also, please describe clearly which task(s) is/are being billed to, and do not invoice more than is remaining in a particular task. Lastly, please mark the final invoice as "FINAL". Commencement date for the services associated herewith shall be considered to be October 11, 2021. The substantial completion date shall be considered to be March 10, 2022. Final completion of all work shall be considered to be April 11, 2022, a total of 180 days. No work is authorized after the final completion date herein unless the time of the contract/work order is extended on or before the final completion date. Invoices for unauthorized work will not be paid. If you have any questions, please contact me. Sincerely, Digitally signed by contC O n} I j Date: ate:2021.09.20 14:53:06-04'00' John R. Conti Project Manager C: Sonia Powell, Procurement Strategist Raquel Ovares, Management/Budget Analyst Steve Ritter, Manager Road construction Transportation Engineenng Division - 2885 South Horseshoe Drive • Naples. Florida 34104.239-252-8192 • mw.CollierCouni FL.Gov Packet Pg. 339 16.A.10.e Julio Ordonez, Senior Project Manager 00 Joseph Coccia, Assistant Project manager/Senior Inspector ti IL Packet Pg. 340 16.A.10.f EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. 60242 Design Professional's Project No. N.A. PROJECT: Randall Boulevard at Everglades Boulevard Intersection Improvements CONTRACTOR Pavement Maintenance, LLC Contract For $1,109,001.92 Contract Date July 13, 2021 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: All roadway work including drainage, driveways and sodding. Note this does not include signalization. To Collier County Transportation OWNER Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: March 10, 2022 DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30* days of the above date of Substantial Completion. *A Stop Work Letter was issued for March 10, 2022, in order for the contractor's sub to procure equipment for the construction of the signals. A Resume Work Letter was issued for April 20, 2022, when the sub restarted work. Also note that Change Order #1 is waiting for board approval which added 12 days to the contract. Packet Pg. 341 16.A.10.f The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR Complete all outstanding work items and all items that were noted to be addressed in The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on N.A. 20 N.A. Design Professional By: N.A. Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on Mav 31, 2022 By: Pavement Maintenance. LLC CONTRACTOR Digitally signed by Juan Gomez Juan GomeZ Date: 2022.05.3115:08:55 -04'00' Juan Gomez, Project Manager OWNER accepts this Certificate of Substantial Completion on May 31 , 2022 Collier Countv Transportation OWNER John Conti Date:20ly signed 22022.05.3by John 1 14:52:08 Conti By: 04'00' John Conti, Project Manager Packet Pg. 342 16.A.10.f r a Packet Pg. 343 16.A.10.g Co�e-r County Instructions After the Fact Form As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order, when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and services not covered by the current contract or purchase order. All such `After the Fact Procurements" will be reported to the County Manager. Requester Name: John Conti Division: Transportation Engineering Division Director: Jay Ahmad vendor Name: Pavement Maintenance Inc. Amount: $258,592.43 contract #: 21 _7887 Purchase Order: 4500212394 Why is this deemed a non -compliant purchase? Choose one. Contract W] Ordinance Manual ❑ P-Card ❑ Other ❑ Details of Purchase: Explain the circumstances behind this purchase. On July 13, 2021, the Board approved the award of Agreement No. 21-7887 "Randall Boulevard and Everglades Boulevard Intersection Improvements," to Pavement Maintenance, LLC, in the amount of $1,109,001.92 (Agenda Item 16.A.28). Staff issued a Notice to Proceed designating March 10, 2022, as the Substantial Completion date and April 11, 2022, as the Final Completion. On March 10, 2022, Staff issued a Notice to Suspend Work and on April 19, 2022, Staff issued a Notice to Resume Work effective April 20, 2022, stating that "After April 20, 2022, liquidated damages will be assessed at $1,690.00 per day until the project is complete". In addition, Staff agreed to Change Order #1 adding 12 days to the contract time for holidays (5) and weather delays ( ) and for additional work (6). Change Order #1 was administratively approved on May 19, 2022, pper the Procurement Ordinance 2017-08 Section 19, Contract Administration, Subsection3.b, and subsequently approved by the Board on June 14, 2022, Agenda Item # 16.E.4.A. The revised Final Completion date was June 1, 2022, based on the time extension in Change order #1. The Substantial Completion for all work except the traffic signals was achieved on March 10, 2022, as intended under the agreement. However, due to delays in acquiring the traffic signal equipment as a result of various factors, such as, supply chain interruptions and Hurricane Ian the Final completion was not reached until February 16, 2023. The Substantial Completion for the roadways was completed on March 10, 2022, and a Substantial Completion form was accepted by staff for this project dated as of March 10, 2022. The Clerk's Office questioned the acceptance of the Substantial Completion form because the traffic signal portion of the work was not substantially completed. The contractor provided Final Payment Application #7 in the amount of $258,592.43 for work between July 1, 2022 through November 30, 2022. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? County staff is requesting the Board to provide an after -the -fact approval for payment of the Final Payment Application in the amount of $258,592.43 because the work was completed as required, but after the expiration of the contract, end of the change order time, and the substantial and final completion dates. The payment is subject to the contractor providing all required backup documentation prerequisite to processing payment. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? Provide training to staff and project managers; monitor and manage contract/projects substantial and final completion dates; The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by: John Conti Digitally signed by John Conti Signature:John Conti Date: 2023.04.1007:08:24 -04'00' Date: Division Director: Jay Ahmad Digitally signed by AhmadJay Signature:AhmadJaYDate: 2023.04.1010:22:38 -04'00' Date: Digitally signed by Gai Ila rd Megan GalllardMegan Date: 2023.04.1813:43a5-04'00' Revised 06/17/2021 Packet Pg. 344 16.A.10. h EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Bid No. 21-7887 Manager's Name: John Conti Project No. 60242 Count 's Division Name Growth Management Purchase Order No. 4500212394 Submitted by Contractor Juan Gomez Application Date: 3/15/2,023 Representative: Name Contractor's Name & PAVEMENT MAINTENANCE, LLC. Payment Application No. 7 Final Address: Ori inal Contract Time: 150 days 0h final Contract Price: $ 1 109 001.92 Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ 1,109,001.92 Total Value of Work Completed & $ Stored to Date: 1,029,721.32 Retainage @5% $ Retainage @ % through $ through [Insert Date] [Insert date] 11 /30/22 Retainage @ 5 % $ Less Retainage $ after Insert date -978,235.25 Total Earned Less Retainage $ Less previous payment(s) 771,128.89 Percent Work Completed % AMOUNT DUE THIS $ 258,592.43 to Date: 90 APPLICATION: Percent Contract Time % Completed to Date: 100 Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 7 Final through _11/30/22 inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not Included within the above referenced amount any claims for unauthorized or changed Work that has not [.... n.,,. i ri+inn nnrl in arlvanco of such Work_ UCCIIpiviJully aypluvcu v v 11— Contractor's Name - -- - - - - - - -- Pavement mainteria Contractor's Signature: Date: _ — Shall be signed by an authorized representative of the Contractor. Type Title: Bookkeeper P Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Desi n Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement: Revised 092520 (v7) r Q Packet Pg. 345 ;e PM8 IlepueN L88L-LZ -ON JOI sO6ewep pa;epinbl-1 anleM : 6LZ5Z) L# ddy Aed leU'J :;uaua MOV i.l ~ N N M O V G L R C L u w � Q > w s. 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"O C c c_ - - E E a o 1O j ¢ > j m` d v v o o u u o u F° aLL p' p Q ❑ a �' O o ° ,. a c ` 3 3 3 3 ry o 0 m E o WLL - - - '" ,c°-_, c r x x x 071 a c e d v a E E a E" � c c X m _ U Ot o a of U' 07} o m ° E y v u u° u' u° c°� m o °- o m m ° Z O S u u 0 0 0 0 0 a N N - _ - m _ u m � :: N o .O u o0 a _ �' c z Z c 7 u u° in -- 03 W a' a otl n a` f ..�- H F>> in Z E m m m m m m �o m �° �c b b r m �° m m o 0 n ti o �o 0 0 �o 0 0 �° �° 0 0 �o 0 0 b �o 0 0 �o .o 0 0 m �o 0 0 io o 0 �o 0 0 �° �° 0 0 0 0 0 0 0 0 0 0 0 0 0 o u 00 M a a) U m a 16.A.10.i C0 7er County Growth Management Department Transportation Engineering Division m March 10, 2022 Joseph Ward Manager Pavement Maintenance, LLC 1640 Benchmark Ave Fort Myers, FL 33905 Re: Contract 21-7887 Randall Boulevard at Everglades Boulevard Intersection Improvements Purchase Order/Work Order # 4500212394 Collier County Project No. 60242 Notice to Suspend Work Dear Mr Ward: Effective March 10, 2022, please be notified that until signal materials and equipment related to the Work are received and ready to be installed by your subcontractor, the above referenced Project is suspended until further notice, in according with Section 19.2 of the contract. In the event that the suspension is lifted, there will be 30 days remaining on this contract. Please submit your final invoices for work completed to date to the Project Manager, John Conti within thirty (30) days after issuance of this letter. If you have any questions, please do not hesitate to contact me at the information above. Sincerely, John Conti Project Manager Digitally signed by John Conti John Conti Date 2022.03.0914:4426 -05'00' C: Procurement Operations Raquel Rodriquez Transportation Engineenng Division - 2885 South Horseshoe Drive • Naples. Florida 34164.239-252-8192 • mw.CollierCouni FL.Gov Packet Pg. 349 16.A.10.i m a� a� L > W Co W M 00 00 ti N O Z I.- 0 W d M E J d Cu Q Packet Pg. 350