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Agenda 10/08/2024 Item #16B10 (Approve after-the-fact payment to Coastal Concrete Products, LLC for the completed Harbor Holiday Pipe Replacement)10/8/2024 Item # 16.B.10 ID# 2024-1201 Executive Summary Recommendation to approve an after-the-fact payment in the amount of $395,513.10 to Coastal Concrete Products, LLC, d/b/a Coastal Site Development, for the completed “Harbor-Holiday Pipe Replacement” project under Agreement No. 20-7800, “Underground Contractor Services” for work completed to the County's satisfaction. (Project Number 50210) OBJECTIVE: To approve an after-the-fact payment for work performed and completed by Coastal Concrete Products, LLC under the "Harbor-Holiday Pipe Replacement" stormwater project. CONSIDERATIONS: On January 13, 2023, Stormwater issued a request for quote to the contractors under the Underground Contractor Services Agreement 20-7800 for the Harbor – Holiday Pipe Replacement Project for the replacement and rehabilitation of stormwater drainage inlets, pipes, grates, and landscape restoration. Three responses were received with the lowest bidder being Coastal Concrete Products, LLC. Purchase Order No. 4500223721 (the “PO”) was issued on March 6, 2023, in the amount of $445,978, which included a $50,000 Owners allowance. In error, County staff issued the Purchase Order without the required Work Order form. Upon discovering the error, the project manager issued a Work Order which was accepted by Coastal on November 2, 2023. During the course of construction, it was determined that a 4” sewer line, not previously known to the outside design engineer, was discovered to be in conflict with the work. Additionally, the equipment needed to install the previously specified grates was too large to work safely within the easement area. Therefore, staff issued Work Directives 1 and 2 (attached). Details of those Work Directives are as follows: 1. Work Directive #1 (Issued October 4, 2023): In the amount of $25,385.10 to (1) resolve unforeseen conflicts within the project limits with a 4” PVC sewer line and the stormwater pipe ($15,510.30), and (2) provide alternate inlet grates because the equipment necessary to handle the specified grate size could not be accommodated in the available easement. (see attached Work Directive #1). 1. Work Directive #2 (Issued November 8, 2023): In the amount of $1,910 because the original bid scope issued by staff did not include the replanting of three palm trees necessary to restore the original landscaping (see attached Work Directive #2). County staff failed to convert the Work Directives into Change Orders as required by the Agreement prior to the final completion date of the project. Additionally, the contractor worked in good faith while the project was on stop work. This after-the-fact request is to authorize payment of the attached Invoices 3263REV & 3322 in the total amount of $395,513.10, including the work authorized Work Directives No. 1 & 2. As part of this request, staff requests authorization to apply $28,235.10 from the Project Allowance toward the Final Payment amount of $395,513.10. Approval will allow Coastal Concrete Products LLC, to be paid for the work that it completed in good faith and to the County’s satisfaction. Division staff involved in this transaction are no longer employed by Collier County. This item is consistent with the Infrastructure and Asset Management Focus Area within Collier County’s Strategic Plan. FISCAL IMPACT: Funds in the amount of $395,513.10 are encumbered and available under the Purchase Order 4500223721 in Stormwater CIP Fund 3050, Project (50210), SW Pipe Replacement. Additional funds for Work Page 2557 of 3899 10/8/2024 Item # 16.B.10 ID# 2024-1201 Directive 1 and 2 are available within the project under Owner’s Allowance. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards. 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 RECOMMENDATIONS: To approve an after-the-fact payment in the amount of $395,513.10 to Coastal Concrete Products, LLC, d/b/a Coastal Site Development, for the completed “Harbor-Holiday Pipe Replacement” project under Agreement No. 20-7800, “Underground Contractor Services” for work completed to the County's satisfaction. (Project Number 50210) PREPARED BY: Beth Johnssen, Director, Capital Project Planning, Impact Fees & Program Management Division ATTACHMENTS: 1. STO- ATF_Harbor Holiday- Final Page 2558 of 3899 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 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 Beth Johnssen Capital Project Planning -Stormwater Trinity Scott Coastal Concrete Products LLC $395,513.10 20-7800 4500223721 Details of Purchase: Explain the circumstances behind this purchase. That the Board approve an after-the-fact payment of Pay Application#1 in the amount of $55,166.50 and of the Final Pay Application#2 in the amount of $395,513.10 to Coastal Concrete Products, LLC which includes retainage ($2,903.50). Staff is requesting the Board waive the requirement to obtain quotes for Work Directives 1 & 2 and authorize the work. Division staff involved in the transaction are no longer employed by Collier County. Current Staff members and responsible supervisors have been reminded of the requirement to properly manage and monitor procurement actions and contracts to minimize avoidable After-the-Fact or other remedial approvals. After-the-Fact actions that should have been avoided will result in employee and supervisor counseling, training, corrective actions, and progressive discipline as dictated by the circumstances. Beth Johnssen Beth Johnssen Trinity Scott ✔ On January 13, 2023, Stormwater issued a request for quote to the contractors under the Underground Contractor Services Agreement 20-7800 for the Harbor – Holiday Pipe Replacement Project located for the rehabilitation of stormwater drainage inlets, pipes, grates, and providing landscape restoration. Three responses were received with the lowest bidder being Coastal Concrete Products, LLC. A Purchase Order No. 4500223721 (the “PO”) was issued on March 6, 2023 in the amount of $445,978 which included a $50,000 Owners allowance. In error, County staff issued a Purchase Order without the required Work Order form. Upon discovering the error, the project manager issued a Work Order which was accepted by Coastal on November 2, 2023. During the course of construction, staff issued Work Directives 1 and 2 details of those Work Directives are as follows: 1) Work Directive #1 (Issued October 4, 2023): In the amount of $25,385.10 to (1) resolve unforeseen conflicts within the project limits with a 4” PVC sewer line and the stormwater pipe ($15,510.30), and (2) provide alternate inlet grates because the equipment necessary to handle the specified grate size could not be accommodated in the available easement ($9,874.80). (see attached Work Directive #1). 2) Work Directive #2 (Issued November 8, 2023): In the amount of $2,850 because the original bid scope issued by staff did not include the replanting of three palm trees necessary to restore the original landscaping (see attached Work Directive #2). County staff failed to follow the Agreement and procurement procedure. County staff did not formally convert the Work Directives into Change Orders prior to the final completion date of the project. Additionally, County staff did not obtain the proper time and material support for Work Directive #1 and 2 as required by the agreement. Lastly, the contractor worked in good faith while the project was on stop work. Page 2559 of 3899 this exhibit is not applicable EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER’S Project No. ENGINEER’S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To 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 contract documents on: _______ 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 __________days of the above date of Substantial Completion. 50210.2 Harbor-Holiday Pipe Replacement Coastal Concrete Products, LLC Harbor-Holiday Pipe Replacement 06/22/2021 Collier County Board of County Commissioners N/A 10/20/2023 Page 2560 of 3899 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ CONTRACT OR: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ _____________________________________________________________________________ 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 _______________________, 20__ __________________________________________ Design Professional By:__________________________________________ Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ______________________________, 20__ __________________________________________ CONTRACTOR By:__________________________________________ Type Name and Title OWNER accepts this Certificate of Substantial Completion on _____________________________________, 20__ _________________________________________ OWNER By:_________________________________________ Type Name and Title N/A N/A N/A February 13 David Torres, Coastal Concrete Products, LLC February 13 Eric Ovares, Project Manager II 24 24 Page 2561 of 3899 Page 2562 of 3899 Page 2563 of 3899 Page 2564 of 3899 Page 2565 of 3899 Page 2566 of 3899 Page 2567 of 3899 Page 2568 of 3899 1 Page 2569 of 3899 Page 2570 of 3899 Page 2571 of 3899 Page 2572 of 3899 Page 2573 of 3899 Page 2574 of 3899 Page 2575 of 3899 Page 2576 of 3899 Page 2577 of 3899 Page 2578 of 3899 Page 2579 of 3899 !     ! !         !   !      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