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Agenda 09/24/2024 Item #16F12 (After-the-fact payment to United Mechanical, Inc., for the Courthouse Louver Repair and Replacement Project)9/24/2024 Item # 16.F.12. ID#: 2024-1161 Executive Summary Recommendation to approve an authorization of an after-the-fact payment in the amount of $76,571.78 to United Mechanical, Inc., for the Courthouse Louver Repair and Replacement Project under Agreement No. 18-7313 for HVAC Replacement and New Installations. OBJECTIVE: Approve an after-the-fact payment in the amount of $76,571.78 to United Mechanical, Inc., for the Courthouse Louver Repair and Replacement Project. CONSIDERATIONS: On September 18, 2023, staff issued Purchase Order No. 4500226157 under Agreement No. 18- 7313 (the “Agreement”) in the amount of $104,403.00 to United Mechanical, Inc. (the “Contractor”) for the Courthouse Louver Replacement and Repair Project. Section 4.1 of the Agreement requires a Time & Materials Not to Exceed (“T&M NTE”) pricing methodology for quoted work. The Request for Quote that staff sent out specified both Lump Sum and T&M NTE price methodologies. The Contractor responded by providing a Lump Sum quote to complete the project. Staff issued the above-referenced Purchase Order, and the Contractor began working on the project. The work has since been completed and accepted by the County with a Final Completion date of June 21, 2024. The Contractor submitted its Final invoice to reflect T&M NTE pricing as required by the Agreement but it included 4.75 hours of additional work completed on June 26, 2024, which is after the Final Completion date. Despite this irregularity, the Final Invoice totaled only $76,571.78 compared to the Contractor’s original quote of $104,403. Board approval is necessary to authorize payment. Staff is requesting approval for the payment of Invoice number 23243-1 Final in the total amount of $76,571.78 to United Mechanical, Inc., for Work that has been completed and accepted by the County. This item aligns with the Collier County Strategic Plan's focus areas of Responsible Governance, Quality of Place, and Infrastructure and Asset Management. FISCAL IMPACT: Funding in the amount of $76,571.78 for the payment is available and encumbered by Purchase Order 4500226157 under the County-wide Capital Project Fund (3001), Project 52161. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve an authorization of an after-the-fact payment in the amount of $76,571.78 to United Mechanical, Inc., for the Courthouse Louver Repair and Replacement Project under Agreement No. 18-7313 for HVAC Replacement and New Installations. PREPARED BY: Brian DeLony, Supervisor Project Management (Licensed), Facilities Management Division ATTACHMENTS: 1. 18-7313_UMI_180Extension 2. 18-7313 United Mechanical Agreement 3. 2024.07.25_ATF_United Mechanical_(450026157) 4. PO4500226157 - United Mechanical Courthouse Louver Replacement Page 3883 of 4908 3295 Tamiami Trail East, Naples, Florida 34112 Phone: 239.252.8407 February 6, 2023 Mike Clark, President United Mechanical, Inc. n/k/a United Mechanical, LLC 8170 Mainline Pkwy, Ste 4 Fort Myers, FL 33912 Via Email: mclark@umihvac.com RE: Extension of Contract for #18-7313 “HVAC Replacement and New Installation” (the “Agreement”) Mr. Clark: The above contract will expire July 9, 2023. In order to maintain required service levels in the interim, we request an extension of this contract as provided for in the Collier County Procurement Ordinance, and set forth in Section 1 of the Agreement, until January 5, 2024 or until the new contract is awarded and fully executed, whichever is sooner. The existing contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below, and signed the acceptance that follows: _____ I am agreeable to extending the present contract for the time-period indicated under the same terms and conditions as the existing contract. _____ I am not agreeable to extension of this contract. Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division with your response by February 13, 2023. You may email your response to: Renewals@colliercountyfl.gov . If you have any questions you may contact 239-252-8407. Regards, Sue Zimmerman, CPM Contract Manager – Procurement Services Division DocuSign Envelope ID: F0CAEB47-FCAD-4DFA-84AB-85344309734F Page 3884 of 4908 3295 Tamiami Trail East, Naples, Florida 34112 Phone: 239.252.8407 RE: Extension of Contract for #18-7313 “HVAC Replacement and New Installation” Page 2 of 2 Acceptance: United Mechanical, Inc. Contractor/Vendor By: _____________________________ Signature _________________________________ Name and Title Date: __________________ C: Facilities Management Division DocuSign Envelope ID: F0CAEB47-FCAD-4DFA-84AB-85344309734F President 2/9/2023 Don E. Pine, President Page 3885 of 4908 Page 3886 of 4908 Page 3887 of 4908 Page 3888 of 4908 Page 3889 of 4908 Page 3890 of 4908 Page 3891 of 4908 Page 3892 of 4908 Page 3893 of 4908 Page 3894 of 4908 Page 3895 of 4908 Page 3896 of 4908 Page 3897 of 4908 Page 3898 of 4908 Page 3899 of 4908 Page 3900 of 4908 Page 3901 of 4908 Page 3902 of 4908 Page 3903 of 4908 Page 3904 of 4908 Page 3905 of 4908 Page 3906 of 4908 Page 3907 of 4908 Page 3908 of 4908 Page 3909 of 4908 Page 3910 of 4908 Page 3911 of 4908 Page 3912 of 4908 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: 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: Department Head: Signature: Date: Reviion#1: February 2024 Page 3913 of 4908 Page 3914 of 4908