BCC Agenda 02/13/2024 Item #16B 5 (An after-the-fact payment for Contract #21-7842 for additional materials)02/13/2024
EXECUTIVE SUMMARY
Recommendation to approve an after-the-fact payment to Preferred Materials, Inc., in the amount of
$12,354.60, for additional irrigation materials used in the “Radio Road at Devonshire Boulevard and
Countryside Drive Intersection Improvements” project under Agreement 21-7842 “Roadway Contractors”
and deem the expenditure has a valid public purpose. (Project No. 60016)
OBJECTIVE: To provide after the fact payment to Preferred Materials Inc. (the “Contractor”) for additional
irrigation materials used for the “Radio Road at Devonshire Blvd and Countryside Drive Intersection
Improvements” project, which were not properly billed and was discovered after final completion of the project.
CONSIDERATIONS: On April 25, 2023 (Item 16.A.16), the Board approved the award of the “Radio Road at
Devonshire Boulevard and Countryside Drive Intersection Improvements” Project under the Roadway Contractors
Agreement 21-7842 to Preferred Materials, Inc in the total amount of $773,114.25. This safety project consisted of
expanding the existing turn lane, which required removing median landscaping and replacing it with new and
adjusting irrigation lines. New irrigation lines were needed to replace existing faulty lines and the extent of damage
was unknown during the bid, as these lines are underground and not visible. For these reasons the estimated initial
pay item quantities for the irrigation materials were not accurate.
The additional quantities were approved by the County project manager during Progress Meeting #1 on August 2,
2023, and measurements of materials installed were documented in the Inspector’s notes. The authorization did not
follow the contract requirements in section 28 Changes in the Work and also did not follow the Change Order
process established in the County Procurement Ordinance 2017-08, as amended.
The project was completed within the established timeline and under budget with a Final Completion date of
October 3, 2023. The Contractor provided the final invoice with the quantities as originally stated in the contract,
and failing to include the increased irrigation line quantities, which amount County staff approved for payment.
Subsequently, the contractor discovered the error and is now requesting payment for the additional irrig ation pipes
and sleeves in the total amount of $12,354.60, which County staff agrees is acceptable and appropriate. The
Contractor charged the additional materials at the unit cost for the line items as established by the initial bid
schedule.
County staff is requesting the Board to approve an after-the-fact payment of invoice #1 in the amount of $12,354.60
to Preferred Materials, Inc., because the expenditures for the additional materials were not properly authorized and
did not follow the contract requirements or the Procurement Ordinance, but the work was satisfactorily completed
and accepted by the County. County staff is also requesting that the Board deem these expenditures to have a valid
public purpose.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective
transportation system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: The project came in $24,222.43 under budget and did not use the $35,000 allowance. Even
with the additional invoice of $12,354.60 it would still have been under budget. The funds in the amount of
$12,354.60 are available in Landscaping Projects Fund 1012 and MSTU Fund 1625, Intersection Improvements
Project (60016).
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation
Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the
major roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
16.B.5
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02/13/2024
RECOMMENDATION: To approve an after-the-fact payment to Preferred Materials, Inc., in the amount of
$12,354.60, for additional irrigation materials used in the “Radio Road at Devonshire Boulevard and Countryside
Drive Intersection Improvements” project under Agreement 21-7842 “Roadway Contractors” and deem the
expenditure has a valid public purpose. (Project No. 60016)
Prepared by: Stephen Henon, Field Inspector I, Transportation Engineering Division
Megan Gaillard, Division Director, Corporate Compliance and Continuous Improvement
ATTACHMENT(S)
1. ATF Preferred Materials v3 signed FINAL (PDF)
2. Devonshire Invoice Exhibit A (PDF)
3. Invoice (PDF)
4. 21-7842 PreferredMaterials_Contract
16.B.5
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02/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.5
Doc ID: 27661
Item Summary: Recommendation to approve an after-the-fact payment to Preferred Materials, Inc., in the amount
of $12,354.60, for additional irrigation materials used in the “Radio Road at Devonshire Boulevard and
Countryside Drive Intersection Improvements” project under Agreement 21 -7842 “Roadway Contractors” and
deem the expenditure has a valid public purpose. (Project No. 60016)
Meeting Date: 02/13/2024
Prepared by:
Title: – Transportation Engineering
Name: Kimberly Brandes
01/05/2024 12:41 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
01/05/2024 12:41 PM
Approved By:
Review:
Unknown Lisa Taylor Additional Reviewer Completed 01/30/2024 9:52 AM
Transportation Engineering Matthew Thomas Additional Reviewer Completed 01/30/2024 10:01 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/30/2024 10:26 AM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
01/30/2024 3:05 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 01/30/2024 4:22 PM
Road Maintenance Ellen Sheffey Additional Reviewer Completed 01/30/2024 4:41 PM
Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 01/31/2024 10:20 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/31/2024 3:10 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 01/31/2024 9:06 PM
Transportation Management Services Department Trinity Scott Transportation Completed
02/01/2024 4:02 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/01/2024 4:11 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
02/01/2024 4:51 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 02/02/2024 8:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/02/2024 9:28 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/05/2024 10:38 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM
16.B.5
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After the Fact Form
Revised 06/17/2021
Instructions
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: Division:
Division Director: Vendor Name:
Amount: Contract #: Purchase Order:
Why is this deemed a non-compliant purchase? Choose one.
Contract Ordinance Manual P-Card Other
Details of Purchase: Explain the circumstances behind this purchase.
Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable?
Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring?
The requestor affirms that to the best of their knowledge the information provided in this document is true.
Requested by: Signature: Date:
Division Director: Signature: Date:
16.B.5.a
Packet Pg. 521 Attachment: ATF Preferred Materials v3 signed FINAL (27661 : After the fact approval Preferred Materials at Devonshire Blvd)
EXHIBIT "A"
ADDITIONS TO EXISTING PAY ITEMS
Original Contract This Change Revised Contract
Increased/Increased/Total Revised Total Revised
Original Unit of Unit (Decreased)Decreased Item Item
Qty Measure Cost Quantity Cost Quantity Cost
520 3" PVC SCHED 40 GASKETED IRRIGATION MAIN LINE 1,100 LF $15.15 764 $11,574.60 1864.00 $28,239.60
530 8" HDPE CLASS 150 SDR11 IRRIGATION SLEEVING 120 LF $39.00 20 $780.00 140.00 $5,460.00
TOTAL $12,354.60
16.B.5.b
Packet Pg. 522 Attachment: Devonshire Invoice Exhibit A [Revision 1] (27661 : After the fact approval Preferred
Preferred Materials, Inc.
18080 Green Meadow Road
Fort Myers, FL 33913
ww.preferredmaterials.com
Subject: Radio Road/Devonshire Boulevard Intersection 21-7842 / 450224693 Late Quantities
Date: 12/21/2023
We are requesting the following payment:
EXHIBIT A
ADDITIONS TO EXISTING PAY ITEMS
Item
No.
Item Description Unit Unit Cost Quantity Amount
520 3” PCV Schedule 40
Gasketed Irrigation Main Line
LF $15.15 764 $11,574.60
530 8” HDPE Class 150 SDR 11
Irrigation Sleeving
LF $39.00 20 $780.00
Total $12,354.60
These quantities were installed but never invoiced.
Please call me if you have any questions.
Sincerely,
Michael T. Drew
Project Manager
Asphalt Division, South Region
Preferred Materials, Inc.
A CRH COMPANY
18080 Green Meadow Road
Ft. Myers, FL 33913
C +1 (813) 758.4252
16.B.5.c
Packet Pg. 523 Attachment: Invoice (27661 : After the fact approval Preferred Materials at Devonshire Blvd)