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Agenda 09/10/2024 Item #16F6 (Approve an after-the-fact payment of $93,403.45 to Advance Roofing, Inc., for the Collier County Sheriff's Office Building J2 Roofing Replacement Project -Agreement No.19-7539)16.F.6 09/ 10/2024 EXECUTIVE SUMMARY Recommendation to approve an after -the -fact payment in the amount of $93,403.45 to Advance Roofing, Inc., for the Collier County Sheriff's Office Building J2 Roofing Replacement project under Agreement No. 19-7539, Roofing Replacement Contractors, and find this expenditure has a valid public purpose. OBJECTIVE: Approve an after -the -fact payment of $93,403.45 to Advance Roofing, Inc., to pay the contractor for work completed on the Collier County Sheriffs Office Building J2 Roofing Replacement project under Agreement No. 19-7539. CONSIDERATIONS: On December 15, 2022, the County issued a Request for Quote under Agreement No. 19- 7539 to all contractors under that agreement for quotes to replace the roof on Building J2. That request specified that the work should take 240 days to reach substantial completion and an additional 30 days to final completion, with liquidated damages of $528.00 accruing per day if not timely completed. The County issued its Notice to Proceed on April 3, 2023, resulting in a substantial completion date of November 29, 2023, and a final completion on December 29, 2023. Change order number one provided an additional 16 days to complete the work, which along with a stop -and -start work order notice staff issued resulting in a revised substantial completion date of December 15, 2023, and final completion on January 18, 2024. The County issued the Certificate of Substantial Completion for the project on December 12, 2023, and the Certificate of Final Completion on March 11, 2024. Staff represents that the County experienced beneficial use of the project prior to the substantial completion date and therefore the assessment of liquidated damages is not applicable. The final pay application (Invoice # 6/50229.3) submitted by the contractor included work that occurred between January 18, 2024 and March 11, 2024, which is beyond the revised January 18, 2024 final completion date. Despite the delay in reaching final completion, there was no increase in the original project contract amount, no additional cost from the architect and engineer associated with this project for the extended construction duration, and no additional impact on County operations. This request is being made solely because the work extended beyond the date provided in the Notice to Proceed and is necessary to process final payment to the contractor. County staff requests an after -the -fact payment authorization for the payment of Invoice 6/50229.3 in the total amount of $93,403.45 to Advanced Roofing, Inc., for the successful completion of the Collier County Sheriff's Office Building J2 Roofing Replacement work. This item is consistent with the Collier County Strategic Plan's strategic focus areas of Responsible Governance, Quality of Place, Community Development, and Infrastructure and Asset Management. FISCAL IMPACT: Funding of $93,403.45 for the payment is available under the County -wide Capital Project Fund (3001), Project 50229. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve an after -the -fact payment in the amount of $93,403.45 to Advance Roofing, Inc., for the Collier County Sheriff's Office Building J2 Roofing Replacement project under Agreement No. 19- 7539 Roofing Replacement Contractors, and find this expenditure has a valid public purpose. Prepared by: Tim Rygiel, PMP, CFM, Project Manager III, Facilities Management Division Packet Pg. 1644 16.F.6 09/ 10/2024 ATTACHMENT(S) ATF Advanced Roofing Inc (4500223994) signed EF (PDF) 2. Pay App 6 Final(PDF) Packet Pg. 1645 16.F.6 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.6 Doe ID: 29549 Item Summary: Recommendation to approve an after -the -fact payment in the amount of $93,403.45 to Advance Roofing, Inc., for the Collier County Sheriff's Office Building J2 Roofing Replacement project under Agreement No. 19-7539, Roofing Replacement Contractors, and find this expenditure has a valid public purpose. Meeting Date: 09/10/2024 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 08/22/2024 5:13 PM Submitted by: Title: — Facilities Management Name: John McCormick 08/22/2024 5:13 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Tim Rygiel Other Reviewer Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Procurement Services Josie Terga Other Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Procurement Services Sandra Srnka Procurement Director Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez OMB Reviewer County Manager's Office Ed Finn Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 08/22/2024 5:46 PM Completed 08/23/2024 3:08 PM Completed 08/23/2024 3:42 PM Completed 08/23/2024 4:33 PM Completed 08/26/2024 11:53 AM Completed 08/29/2024 1:58 PM Completed 09/03/2024 8:51 AM Completed 09/03/2024 10:24 AM Completed 09/03/2024 2:39 PM Completed 09/03/2024 4:44 PM Completed 09/04/2024 3:16 PM 09/10/2024 9:00 AM Packet Pg. 1646 16.F.6.a Corer Gou,4v ty 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: Timothy Rygiel Division: Facilities Management Division Director: ,John McCormick vendor Name: Advanced Roofing Inc. Amount: $93,403.45 Contract #: 19-7539 Purchase Order: 4500223994 Why is this deemed a non -compliant purchase? Choose one. Contract 71 Ordinance Manual ❑ �P-Carcl ❑ Other ❑ Details of Purchase: Explain the circumstances behind this purchase. On December 15, 2022, a RFQ, under contract 19-7539, was sent out to all awarded vendors to replace the roof on Building J2. This request included 240 days to substantial completion with an additional 30 days to final completion and liquidated damages of $528.00 per day if not completed in time. The vendor was issued a Notice to Proceed on 4/3/2023 with a substantial completion date of 11/29/2023 and a final completion date of 12/29/2023. Change order #1 provided an additional 16 days, along with a Stop and Start Work Notice that was issued, the substantial completion date is 12/19/2023 with a final completion of 1 /18/2024. The Certificate of Substantial Completion was issued on 12/12/2023 and the Certificate of Final Completion was issued on 3/11/2024. Beneficial use was achieved prior to the substantial completion date therefore no liquidated damages will be assessed. The final pay application # 6/50229.3 included work that occurred between 1/18/2024 and 3/11/2024. Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable? For the Board of County Commissioners to approve payment of Invoice 6/50229.3 in the amount of $93,403.45. Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring? According to section 7.3.4 of the Procurement Manual, "If situations arise wherein days should be added to allow the construction to reach Substantial Completion, then a Change Order (or Change Orders) should be processed prior to the Substantial Completion date." As the delay in the final completion date was only identified after reaching the substantial completion date, the Project Manager could not process a change for time to extend final completion date. The requestor affirms that to the best of their knowledge the information provided in this document is true. Requested by:Tlmothy Ryglel Signature: P _ D t . 23/24 Division Director: John McCormick Digitally signed by Signature: McCormickJohn MccormickJohn Date: 2024.07.24 08:40:56-04'00' Date: Department Head: Ed Finn g F i n n E d Date: 024.09.04 13:59:40 Signature: Digitally signed by FinnEd Date: -04'00' Reviion#1 Packet Pg. 1647 1 6.F.6.b FINAL PAYMENT Pay App 6 ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT __ 1 Inl Rygil _(County Project Manager) _Facilities jtilemt Division (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Michael Landolfi (Contractor's Representative) Advanced Roofing I nc. (Contractor s Name) 1950 I` W 22 Street (Contractor's Address) _ :ort Lauderdale, FI. 3331 1 Bid No. 19- 7539 PO No. 4500223994 �^ Project No. 50229.3 Application Date 4-19-24 Payment Application No. #6 for Work accomplished through the Date: Application #6 for work performed 12-1-23 thru 3-11-24 rIEF. Collier County CCtiO Jail Building j2 __(Project Name) Original Contract Time: _ 270 days Original Contract Amount: $ 749,352.00 Revised Contract Time: 286 dams Total Change Orders to Date $ 0 Revised Contract Amount $ _7.11) 152.00 Total value of Work Completed 719 817.30 Retainage @ 5%thru_3-11-24 $_ and stored to Date $ + Retainage @ __% after [insert date] $ Less previous payment (s) $ 626.413.85 Percent Work completed to Date: 1000 AMOUNT DUE THIS 93 403.45 Percent Contract Time completed to Date 1001%% APPLICATION: $ Liquidated Damages to 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 1 through 6 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be ncorporated into a future Change Order: By CONTRACTOR: Advanced Roofing, Inc. (Contractor's Name) (Signature) DATE: 4-19-24 Mike E ngo- rif , project Manager (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : P/2,+®6a-, 131"h,.,»Vz-� Df3 (DP's Name) (Signature) DATE: E.iz,+®b f3liz .,,, 2, (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ 1 .3 1 §I .'b DoDa YUob DO+gyp>yi, 0�,2�l »0 (Type Name and Title) Page 26 of 33 Multi -Contractor Award Agreement 2017.006 Ver.1 lY`"\ Packet Pg. 1648 1 6.F.6.b FINAL PAYMENT ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT T im RY01 (County Project Manager) Facilities ]GI2mt Division (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No, t9.7539 PO No. 4500223994 Project No. 50?23•3 Application Date 4-19-24 FROM' Micliael Landolfi (Contractor's Representative) Payment Application No, #6 A vattce Rooftn� Inc. (Contractor's Name) for Work accomplished through the Date: 1950 NW 22 St.reet (Contractor's Address) Application #6 for work performed Port Lau er a e,_]=I, 3 331t 12-1-23 thru 3-11-24 Collier County - CCSO Jail Building J2 (Project Name) Original ConlractTime 270 'days Original Contract Amount: $ 749,352.00 Revised Contract Time: Total Change Orders to Date $ 0 Revised Contract Amount $ 7,10'; s2-(u) Total value of Work Completed Retainage @ S%thru.3-11-24 $ 35,990.87 and stored to Date $ 719,$1T.30 Retainage @ __% after [insert date] $ Less previous payment (s) $ 626.413.85 Percent Work completed to Date: 100% °/o AMOUNT DUE THIS g3 403.45 Percent Contract Time completed to Date 100% % APPLICATION: $ Liquidated Damages to 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 1 through 6 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 paymentfree 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; (4) and CONTRACTOR agrees that all overruns as shown an the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Chang a Order: By CONTRACTOR: Advanced Roofing, Inc- (Contractor's Name) �-r — (Signature) DATE: 4.19.24 Mike Eanao ilfi ; i� r ect Manager (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By design Professional: Victor Latavish Architect, PA (DP's Name) >r of 111l s ,edn+LVi#r3La< h.(Signature) -I oo DATE: Victor Latavish, Architect (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: Digdally signed by Rygiel Timothy RygielTimothyDate 2024.06.26143360 (Signature} DATE. By OWNER'S Project Manager:Tim Rygiel, PMP; CFM, Project Manager III (Type Name and Title) Page 26 of 33 Multi-ContraCterAward Agreement 2017.06 Ver,i Packet Pg. 1649 1 6.F.6.b C1[ V L F1ENC E_ MATTF. ky, AlJVANC£O; ROOF, ADVANCED ROOFING INC 1950 NW 22nd Street Ft. Lauderdale, FL 33311 954-522-6868 To: COLLIER COUNTY BOARD OF COUNTY COMMIS: 3299 TAMIAMI TRL E STE 700 MAPLES, FL 34112 Invoice Number Invoice Date PO Number Contract Job Payment Terms: Net 30 000226394A April 19, 2024 23-T-R12 COLLIER COUNTY - CCSO JAIL BUILDING Page 1 of 1 Manager Michael J Landolfi Progress Billing 01. Per Notice to Proceed Dated 3/27/2023 0.00 Progress Billing 02. Mobilization 0.00 Progress Billing 03. Submittals/Testing/Drain Survey 0.00 Progress Billing 04. Roofing Materials C.00 Progress Billing 05. Roofing Labor 3,000.00 Progress Billing 06. Sheet Metal Materials 0.00 Progress Billing 07, Sheet Metal Installation 2,500.00 Progress Billing 08. Dumpsters 0.00 Progress Billing 09. Warranty 2,900.00 Progress Billing 10. Equipment 0.00 Progress Billing 11. General Conditions 4,562.00 Progress Billing 12. Bond 0.00 Progress Billing 13. Owners Contingency 47,465.30 -3,021.73 Retainaqe — Customer $57AT2.57 Retainage due 35,990.87 Invoice Total $93,403.44 c U- W a Q a r c d E U w r Q Packet Pg. 1650 1 6.F.6.b CN V Z 0 J m Q 0 U3 U U F— Z Z) 0 C3 Of LU J 0 U r W W CO 0 Q Z Z 0 0 0 0 0 0 0 0 0 o m LO O O O O O O O O OV O N � co 00 M o vi R o m ri N o a o vi a v M ac N r` ri M @ (O (CO M 0) 0 G 69 C0 CO69 69 Nam' Vi rr 69 69 CN 0) 0) 0) — M 1 vi - LA Ln Lr 43) t4 (4 C4 0 M d U Lq M M M _ U m u> LO Ltd C ai oS ai M C N E9 N Ef3 N EP} m LL U o 0 0 0 .Z, I.e R o 0 0 O O O O O O O O O O O O N 0) a) 0) 0 O O O O O O O O O O O 0 O O O CD O O O O O O O O O O 0 0 LL o 0 0 0 0 0 0 0 0 0 o M M M M O O N O O O O O O a) O cQ T W V M V O (n0 0 0 cl O L M� r r r r^ V 0 0+ O O M N� W M R " O 69 M N 69 N NHi r V> ID E9 r cq� � UfA 6NA 69 0 M � Qi Oi d± N 9 rr T io � Gly ti cfl ti F» o � � 0 a U- o a� ou��.7�6 CL CL Q 0 o 0 0 o voi M co Cl) m o. = o 0 0 w 0 d �tCl) � W a N. o U 49 C) m n Y o v9 L� � o 000aoo9 0 0 Co 00 7 M � a co�+1 M M co 0 O N N v n{ C (0 N 0 o co c co co M co M co M =� t9 E9 M(fi Vj W)N ffi � U�} In a a0 Q O O O O O O O O O O O O 0 O O O O O O O O O O O O Q7 O 0 O 0 N 0> 0 o 0 r- 0 0 0 0 0 0 0 (n 0) w v O o N N N 0 d_ cl V' O O O O C t0 O M O LO LO LO 3 7 M N n (0 � M M N N � (O r-- M ll> M {� N H9 E90m A M N V3 69 M 69 EA N (A 69 6 9 � 69 44 M y N N N N R N O 7 (06 O O O a�rr O c C N c C c 'O V1 O p m a a m m m a a O o o c a a` •O- c 0w01 C a d E L o �L(! mN Z a L c O. 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