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Agenda 09/26/2023 Item #16B 6 (Change order to Agreement Collier County Emergency Berm Truck Haul and Construction)09/26/2023 EXECUTIVE SUMMARY Recommendation to approve after-the-fact Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach A”, with Phillips and Jordan, Inc., to increase the contract amount from $6,723,041.50 to $6,771,654.62 to adjust the quantity of sand; to ratify administrative Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach B”, with Earth Tech Enterprises, Inc., for sand redistribution; ap prove payment of Pay Applications No. 1 for both contractors; and make a finding that this expenditure promotes tourism. (FEMA Fund 1813, Hurricane Ian Project No. 50280) OBJECTIVE: To obtain Board approval of Change Order No. 1 for Agreement No. 23-8111 with Phillips and Jordan, Inc. and ratify Change Order No. 1 for Agreement No. 23-8111 with Earth Tech Enterprises, Inc. CONSIDERATIONS: On April 25, 2023 (Agenda Item 11.A.), the Board ratified the County Manager’s awarding of Invitation to Bid (ITB) No. 23-8111 “Collier County Emergency Berm Truck Haul and Construction - Reach A”, with Phillips and Jordan, Inc. with a contract amount of $6,723,041.50 and “Collier County Emergency Berm Truck Haul and Construction - Reach B”, with Earth Tech Enterprises, Inc., with a contract amount of $8,422,935.50. The Agreement provides for the construction of an emergency berm for the following locations: • Reach A - Park Shore, Naples, and South Naples Beaches • Reach B - Barefoot, Vanderbilt, Pelican Bay, Marco Island, and Hideaway Beaches Reach A - Change Order No. 1 (Phillips and Jordan, Incorporated): Staff is requesting that the Board authorize the approval of an after the fact Change Order No. 1 to adjust quantities of sand hauled and placed within the various beach locations in Reach A due to erosion and accretion of Park Shore and Naples beaches in between the October / November 2022 post -storm survey and the construction in April / May of 2023. The unit price rates for each beach location differ due to the distance of the haul. The line-item adjustments needed due to the sand quantities are as follows: Reach A Bid Tonage Unit Price Bid Total Cost Placed Tonage Actual Total Cost Over/Under Item 2 - Horizon Way 67,272.00 27.12$ 1,824,416.64$ 68,972.01 1,870,520.91$ 46,104.27$ Item 3 - Lowdermilk Park 36,300.00 26.60$ 965,580.00$ 43,402.85 1,154,515.81$ 188,935.81$ Item 4 - 10th Avenue South 36,300.00 26.55$ 963,765.00$ 43,402.85 1,152,345.67$ 188,580.67$ Item 5 - 17th Avenue South 36,300.00 27.40$ 994,620.00$ 22,613.59 619,612.37$ (375,007.63)$ 48,613.12$ Dollar Amount of Change Order Staff requests that the Board authorize the approval of Change Order #1 after -the-fact and payment of Pay Application No. 1. Staff directed the contractor to modify the fill quantities during construction due to changes to the existing beach topography and time sensitive deadlines verbally. Reach B - Change Order No. 1 (Earth Tech Enterprises, Inc.): Staff requests that the Board authorize the ratification of administratively approved Change Order No. 1 to redistribute sand quantities hauled and placed within the various beach locations in Reach B due to erosion and accretion of Vanderbilt Beach in between the October / November 2022 post-storm survey and the construction in April / May of 2023. The unit price rates for each beach location differ due to the distance of the haul. The line - item adjustments needed due to the sand quantities are as follows: 16.B.6 Packet Pg. 1059 09/26/2023 Reach B Bid Tonage Unit Price Bid Total Cost Placed Tonage Actual Total Cost Over/Under Item 3 - Vanderbilt Beach 62,792.00 33.50$ 2,103,532.00$ 64,865.2200 2,172,984.87$ 69,452.87$ Item 6 - Hideaway Beach 2,906.00 45.00$ 130,770.00$ 1,362.6028 61,317.13$ (69,452.87)$ (0.00)$ Dollar Amount of Change Order Staff requests that the Board authorize the ratification of administratively approved Change Order No. 1 and payment of Pay Application No. 1. Staff directed the contractor to modify the fill quantities during construction due to changes to the existing beach topography and time sensitive project deadlines verbally. FISCAL IMPACT: Approval of these change orders results in a net increase to project cost of $48,613.12. Funding is available in TDC Beach Renourishment Fund (1105) and FEMA Disaster Fund (1813) within Hurricane Ian Project (50280), with potential for reimbursement from FEMA. The County will seek FEMA reimbursement of 75% of the costs associated with the construction of the emergency berm plus an additional 12.5% share from the State of Florida Emergency Management Services. GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objectives of the Growth Management Plan. ADVISORY COMMITTEE RECOMMENDATION: This item was presented to the Coastal Advisory Committee (CAC) on August 10, 2023 (8-0 vote) and the Tourist Development Council (TDC) on September 18, 2023 (7-0 vote). LEGAL CONSIDERATIONS: This item is approved as the form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve after-the-fact Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach A”, with Phillips and Jordan, Inc. to increase the contract amount from $6,723,041.50 to $6,771,654.62 to adjust the quantity of sand; to ratify administrative Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach B”, with Earth Tech Enterprises, Inc. for sand redistribution; approve payment of Pay Applications No. 1 for both contractors; and make a finding that this expenditure promotes tourism. (FEMA Fund 1813, Hurricane Ian Project No. 50280) Prepared by: Andrew Miller, PE, Coastal Zone Management Section, Capital Project Planning, Impact Fees & Program Management Division ATTACHMENT(S) 1. Change Order - Phillips and Jordan (PDF) 2. Change Order - Earth Tech Enterprises (PDF) 16.B.6 Packet Pg. 1060 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.6 Doc ID: 26250 Item Summary: Recommendation to approve after-the-fact Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach A”, with Phillips and Jordan, Inc., to increase the contract amount from $6,723,041.50 to $6,771,654.62 to adjust the quantity of sand; to ratify administrative Change Order No. 1 to Agreement No. 23-8111, “Collier County Emergency Berm Truck Haul and Construction - Reach B”, with Earth Tech Enterprises, Inc., for sand redistribution; approve payment of Pay Applications No. 1 for both contractors; and make a finding that this expenditure promotes tourism. (FEMA Fund 1813, Hurricane Ian Project No. 50280) Meeting Date: 09/26/2023 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Farron Bevard 08/04/2023 10:11 AM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 08/04/2023 10:11 AM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 08/04/2023 11:14 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 08/07/2023 1:46 PM Public Transit & Neighborhood Enhancement Yousi Cardeso Additional Reviewer Completed 08/11/2023 2:33 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 08/15/2023 7:40 AM Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 08/15/2023 4:33 PM Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Additional Reviewer Completed 08/17/2023 3:21 PM Procurement Services Heather Yilmaz Additional Reviewer Completed 08/31/2023 3:07 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 09/05/2023 11:26 AM Procurement Services Sandra Herrera Procurement Director Review Completed 09/06/2023 2:17 PM Transportation Management Services Department Trinity Scott Transportation Completed 09/14/2023 2:23 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/18/2023 11:53 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/18/2023 11:55 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 09/18/2023 1:16 PM 16.B.6 Packet Pg. 1061 09/26/2023 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2023 2:05 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 09/20/2023 12:45 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.B.6 Packet Pg. 1062 16.B.6.a Packet Pg. 1063 Attachment: Change Order - Phillips and Jordan (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement No. 23- 16.B.6.a Packet Pg. 1064 Attachment: Change Order - Phillips and Jordan (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement No. 23- 16.B.6.a Packet Pg. 1065 Attachment: Change Order - Phillips and Jordan (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement No. 23- 16.B.6.a Packet Pg. 1066 Attachment: Change Order - Phillips and Jordan (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement No. 23- 16.B.6.b Packet Pg. 1067 Attachment: Change Order - Earth Tech Enterprises (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement No. 16.B.6.b Packet Pg. 1068 Attachment: Change Order - Earth Tech Enterprises (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement No. 16.B.6.b Packet Pg. 1069 Attachment: Change Order - Earth Tech Enterprises (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement 16.B.6.b Packet Pg. 1070 Attachment: Change Order - Earth Tech Enterprises (26250 : Recommendation to approve administrative Change Order No. 1 for Agreement