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Agenda 10/22/2024 Item #16B10 (After the fact payment for the completed "Forest Hills Blvd Stormwater Management Improvements" project)10/22/2024 Item # 16.B.10 ID# 2024-1202 Executive Summary *** This item continued from the October 8, 2024, BCC Meeting. *** Recommendation to approve an after-the-fact payment in the amount of $198,715.84 to Coastal Concrete Products, LLC d/b/a Coastal Site Development for the completed “Forest Hills Boulevard Stormwater Management Improvements” project under Agreement No. 20-7800, “Underground Contractor Services” for work completed to the satisfaction of the County. (Project Number 60224) OBJECTIVE: To approve an after-the-fact payment for work performed and completed by Coastal Concrete Products, LLC under the "Forest Hills Boulevard Stormwater Management Improvements" project. CONSIDERATIONS: On February 3, 2022, Stormwater issued a request for quote to the contractors under the Underground Contractor Services Agreement 20-7800 for the Forest Hills Boulevard Stormwater Management Improvements Project for the rehabilitation and replacement of drainage inlets, pipes, grates, and providing landscape restoration. Five responses were received with the lowest bidder being Coastal Concrete Products, LLC. A Purchase Order No. 4500217299 was issued on April 5, 2022, in the amount of $271,846.85 which included a $23,910.60 Owners allowance. On March 27, 2023, staff issued a Notice to Proceed (the “NTP”) to Coastal to commence contractor services on the project. During construction, staff issued Work Directives 1 and 2 (attached), details of those Work Directives are as follows: 1) Work Directive 1 (Issued April 14, 2023): Material supplied and construction consisting of cutting and plugging two existing, abandoned eight-inch (8”) force mains including but not limited to excavation, saw-cutting, loading/hauling/disposal of old pipe and excavated material, capping, pipe bedding, backfill, compaction, and final grading to completion. Coastal’s $13,487.24 estimate to perform this work is higher than ultimately billed by the contractor for this staff directed work. 2) Work Directive 2 (Issued July 13, 2023): Material supplied and installation of Floratam Sod including but not limited to the removal/loading/hauling/disposal of old sod and placement of new Floratam Sod. Coastal’s $4,895.10 estimate to perform this work is the same as that ultimately billed by the contractor for this staff directed work. County staff failed to obtain quotes for the Work Directives and 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. The final completion date was August 25, 2023. The project has been completed and this after-the-fact request is to authorize payment of the attached Final Payment Application in the total amount of $198,715.84, which includes the work authorized by both Work Directives. As part of this request, staff requests authorization to apply $18,382.34 from the $23,910.60 Project Allowance toward the Final Payment amount of $198,715.84. If this request is not approved, Coastal Concrete Products LLC, will not be able to get paid for the work that was 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 $271,846.85 are encumbered and available under the partnership Purchase Order 4500217299 in Stormwater CIP Fund (3050), Project No. 60224, County Water Capital Project Fund (4012), Project No. 71010, and County Sewer Capital Projects Fund (4014), Project No. 70240. Additional funds for Work Directive 1 and 2 are available within the project under Owner’s Allowance. GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objectives of the Stormwater Page 2512 of 7162 10/22/2024 Item # 16.B.10 ID# 2024-1202 Element of the Growth Management Plan 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 $198,715.84 to Coastal Concrete Products, LLC d/b/a Coastal Site Development for the completed “Forest Hills Boulevard Stormwater Management Improvements” project under Agreement No. 20-7800, “Underground Contractor Services” for work completed to the satisfaction of the County. (Project Number 60224) PREPARED BY: Beth Johnssen, Director, Capital Project Planning & Program Management Division ATTACHMENTS: 1. STO-ATF_Forest Hills- Final Page 2513 of 7162 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 2514 of 7162 Page 2515 of 7162 Page 2516 of 7162 Page 2517 of 7162 Page 2518 of 7162 Page 2519 of 7162 Page 2520 of 7162 Page 2521 of 7162 Page 2522 of 7162 Page 2523 of 7162 Page 2524 of 7162 Page 2525 of 7162 Page 2526 of 7162 Page 2527 of 7162 Page 2528 of 7162 Page 2529 of 7162 Page 2530 of 7162 Page 2531 of 7162 Page 2532 of 7162 Page 2533 of 7162 Page 2534 of 7162 Page 2535 of 7162 Page 2536 of 7162 Page 2537 of 7162 Page 2538 of 7162 Page 2539 of 7162 Page 2540 of 7162 Page 2541 of 7162 Page 2542 of 7162 Page 2543 of 7162 Page 2544 of 7162 Page 2545 of 7162 Page 2546 of 7162