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Agenda 12/12/2017 Item #16E1312/12/2017 EXECUTIVE SUMMARY Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. OBJECTIVE: To promote accountability and provide transpa rency to the public and gain the Board’s approval/ratification for various procurement -related transactions. CONSIDERATIONS: In accordance with the Board’s Procurement Ordinance 2017-08 and the Procurement Manual, the Procurement Services Division produces a regular Administrative Report which provides for Board approval of the following transactions: Change Orders that do not exceed ten (10%) of the current Board approved aggregate amount, and/or require change in schedule (number of days); Amendments to contracts; After the fact memos from various County Divisions, as requested by the Clerk’s Finance staff for the timely process of invoices. Other items as determined by the County Manager or designee that require Board approval. This administrative report includes the following: Twelve (12) change orders that in aggregate modify contracts by -$663,857.86 and add 149 business days to completion periods, see attached summary and backup for details; and Zero (0) amendments this period, and; Two (2) after the fact memo that have a total fiscal impact of $20,972.65. The memos include the purchase of repair parts for a street cleaning truck without an approved purchase order or a valid purchasing card and a negotiated payment amount for taxes that a vendor did not include in the bid price. FISCAL IMPACT: The net total for the fourteen (14) items is -$642,885.21. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: To ratify/approve change orders and/or contract amendments; and other items as determined by the County Manager or designee in accordance with Procurement Ordinance 2017-08. Prepared By: Adam Northrup, Procurement Strategist, Procurement Services ATTACHMENT(S) 1. 1212 Change Order Report - FY18 1 (PDF) 2. 1212 Change Order Backup 1 (PDF) 3. 1212 After the Fact Report - FY18 (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.13 Doc ID: 4277 Item Summary: Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. Meeting Date: 12/12/2017 Prepared by: Title: Procurement Specialist – Procurement Services Name: Adam Northrup 11/29/2017 12:17 PM Submitted by: Title: – Procurement Services Name: Ted Coyman 11/29/2017 12:17 PM Approved By: Review: Procurement Services Adam Northrup Additional Reviewer Completed 11/29/2017 12:17 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 11/29/2017 3:13 PM Procurement Services Ted Coyman Additional Reviewer Completed 12/04/2017 3:14 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 12/04/2017 4:02 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2017 4:19 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/04/2017 4:34 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 12/05/2017 8:55 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/05/2017 11:03 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM Administrative Services Change Order Report Item page #Contract/ Grant No.Change #DateProject Name Vendor Name Division - Project Manager Original Contract Amount Current Contract Amount Change Order Amount Revised Contract Amount % Over Board Approved Amount Contract Length Change in length (Days) Updated contract length 1 1 16-6660 5 11/20/2017 Airport Pulling Rd North of Vanderbilt Bonness, Inc.Transportation Engineering - James Zuver $1,902,380.62 $1,902,380.62 $0.00 $1,902,380.62 0.00%204 0 204 2 7 16-6550 10 10/25/2017 Collier Blvd & Immokalee Intersection Quality Enterprises USA Transportation Engineering - Matthew Thomas $7,750,472.15 $7,755,993.95 $0.00 $7,755,993.95 0.00%588 0 588 3 10 16-6652 2 11/14/2017 WW Basin 306 BLDM USA, LLC Engineering and Project Management - John Eick $2,013,000.00 $2,013,000.00 $0.00 $2,013,000.00 0.00%493 0 493 4 16 17-7056 1 11/16/2017 Imperial GC Blvd Water Main Replacement Quality Enterprises USA Engineering and Project Management - Ben Bullert $1,124,529.90 $1,124,529.90 $0.00 $1,124,529.90 0.00%254 -30 224 5 21 14-6318 4 11/20/2017 Immokalee Rd. Chloramine Booster Mitchell & Stark Construction PU Planning and Project Management - Alicia Abbott $595,127.00 $595,127.00 ($29,281.49)$565,845.51 -4.92%778 0 778 6 50 16-6652 3 11/14/2017 WW Basin 306 BLDM USA, LLC Engineering and Project Management - John Eick $2,013,000.00 $2,013,000.00 $0.00 $2,013,000.00 0.00%493 0 493 7 57 14-6213 1 11/20/2017 NCWRF IQ Pelican Marsh Mitchell & Stark Construction PU Engineering & Project Management - Wayne Karlovich $197,000.00 $197,000.00 $30,318.11 $227,318.11 15.39%220 0 220 8 101 15-6457 7 11/20/2017 Naples Manor WM Replacement Higgins, Inc.PU Engineering & Project Management - Wayne Karlovich $2,231,395.00 $2,231,395.00 ($707,150.48)$1,524,244.52 -31.69%371 0 371 9 106 17-7044 2 11/20/2017 SR 82 Intersection Improvements Wright Construction Transportation Engineering - Shannon Bassett $771,364.74 $771,364.74 $0.00 $771,364.74 0.00%184 0 184 10 109 17-7147 1 11/20/2017 Motor Oils, lubricants and Fluids Howell Oil Company Fleet Management - Michael Burks NA NA NA NA NA NA NA NA 11 116 16-6164 2 11/13/2017 Pine Ridge Corridor Congestion Study Stantec Consulting Services Capital Projects - Lorraine Lantz $116,528.00 $116,528.00 $42,256.00 $158,784.00 36.26%655 149 804 12 122 13-6178 7 12/5/2017 Vanderbilt Beach MSTU Utility Conversion Hole Montes PTNE - Harry Sells $566,493.00 $739,493.00 $0.00 $739,493.00 0.00%1232 30 1262 Meeting Date Total number of Change orders Total Dollar Change Total Change in Days 12/12/2017 12 -$663,857.86 149 Administrative Services Change Order Report Change in length (%) 0.00% 0.00% 0.00% -11.81% 0.00% 0.00% 0.00% 0.00% 0.00% NA 22.75% 2.44% 1 Total draw from allowance is $9,382.99. Allowance total $78,859.17 minus $9,382.99 = New allowance total $69,476.18. cn=adamnorthrup@collier gov.net '00'05- 10:53:35 2017.11.20 2 3 4 5 6 (total increase of $5,549.42 from roadway allowance) (Total increase of $1,795.49 from Roadway Allowance) (Total increase of $948.75 from Roadway Allowance.) Total increase for all changes is $8,293.66. Allowance of $294,016.03 minus $8,293.66 = $285,767.37 remaining in the Roadway Allowance. xxxxxx 7 xxxxx cn=adamnorthrup@colliergov.net '00'05- 10:02:34 2017.11.20 8 9 xxxx 10 xxxx cn=adamnorthrup@colliergov.n et '00'05- 13:23:37 2017.11.14 11 12 13 14 15 38,780 Remaining amount in the allowance after this change is $36,220.00 16 xxxxxx cn=adamnorthrup@collierg ov.net '00'05- 10:36:41 2017.11.16 17 18 19 20 21 cn=adamnorthrup@colliergo v.net '00'05- 09:37:28 2017.11.20 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 XXX 50 xxxx cn=adamnorthrup@collier gov.net '00'05- 13:21:21 2017.11.14 51 52 53 54 55 56 xxxxxx 57 cn=adamnorthrup@colliergov.net '00'05- 10:18:41 2017.11.20 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 xxxxx 101 xxxx cn=adamnorthrup@colliergo v.net '00'05- 10:22:29 2017.11.20 102 103 104 105 3. If this change is not processed, there would not be enough base on the shoulder which could potentially create a safety concern and need to be fixed at a later date with increased amount of funds. xxxxx 106 xxxxx cn=adamnorthrup@col liergov.net 11:09:26 2017.11.20 '00'05- 107 108 11/20/2017 xxxxxx cn=adamnorthrup@colliergo v.net '00'05- 11:18:22 2017.11.20 109 VENDOR NAME:HOWELL OIL COMPANY FLAMINGO OIL CORPORATION PALMDALE OIL COMPANY SAFETY-KLEEN EDISON OIL COMPANY Items/Services: Cost Cost Cost Cost Cost Motor Oil: Heavy Duty, API CK-4 multi-grade SAE 15W40 (Bulk) in gallons 4.94 $5.05 $5.09 5.96 5.75 Motor Oil: Heavy Duty, API CK-4 multi-grade SAE 15W40 55 gallons 299.00 $309.10 $309.10 415.42 573.51 Total: 303.94 $314.15 $314.19 $421.38 $579.26 OILS & LUBRICANTS BID - ADDENDUM-1 Recommend Award to Howell Oil Company - Lowest Quote 110 111 112 113 114 115 XXX cn=adamnorthru p@colliergov.net 2017.11.13 '00'05- 10:03:18 116 117 118 119 120 121 122 123 Administrative Services After the Fact Report Item page #Contract or Purchase OrderDateDescription of Project Vendor Name Division - Director Fiscal Impact Description 1 NA 10/26/2017 Repair of street cleaning truck Environmental Products Fleet - Dan Croft $5,066.65 Parts for Broom Bear street cleaning truck were ordered without a purchase order, and in excess of the parts manager's pcard limit. 1 4600003720 11/27/2017 NCWTP: Service Entrance Switchgear Technical Management Associates Procurement Services - Edward F. Coyman Jr.$15,906.00 Vendor failed to include sales tax of $21,360.00 in his bid due to miscommunications with County Staff. Staff negotiated with vendor to pay $15,906.00 of the $21,360 owed. Meeting Date Total number of Memos Total Fiscal Impact 12/12/2017 2 $20,972.65 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: Collier County After the Fact Form Jayme Winters Fleet Management Dan Croft Environmental Products $5,066.65 NA NA ✔ Miscellaneous repair parts to repair a Broom Bear street cleaning truck. Parts were ordered when no Purchase Order or Waiver was in place and the cost of parts was going to exceed $3000.00. At the time of the purchase, several of the County's Broom bear trucks were non-operational. Immediately following Hurricane Irma, there was a need to get as many of the trucks back on the road as soon as possible to assist in the cleanup effort. The technician on-site, ordered parts for the repair without a valid purchase order. Ordering on the Parts Manager's P-card was not possible at the time because the amount would have exceeded the allowable limit. Environmental Products is the authorized dealer in the State of Florida for Broom Bear parts. Request payment of Environmental Products invoice # D02922 for $3637.00 and invoice# D03089 for $1429.65 Ensure procurement policies are being followed on every purchase including, requesting a P-card increase if the purchase amount is over my limit and/or ensuring that a purchase order is in place before every purchase. Jayme Winters WintersJayme Digitally signed by WintersJayme Date: 2017.11.28 12:03:27 -05'00' Dan Croft CroftDan Digitally signed by CroftDan Date: 2017.11.28 13:30:09 -05'00'11/28/17 o ENVIRONMENTAL PRODUCTSFLORIDA Ship To: COLLIER COUNTY GOVER 4800 DAVIS BLVD., NAPLES, FL 34112 Invoice To: COLLIER COUNTY GOVERNMENT 4800 DAVIS BLVD., NAPLES FL 34112 2525 Clarcona Road • Apopka, FL 32703 407-798-0004 • Fax: 407-798-0013 Branch APOPKA *REPRINT* CNNYYY Date Time I Page 10/10/17 09:08:41 (0)01 Account No Phone No I Inv No COLLI002 2397321295 D02922 Ship Via Purchase Order C/T I Salesperson FRO PARTS INVOICE ORDER#: 002855 Part# 1084576 5710621 5710398 5710408 0710248 5711543 5710563 5710398 FRT 1&111 Description Bin ORD CHAIN-ELEVATOR NEWPART RUBBER FLIGHT SR6-2 SPROCKET E-308 ELEVATOR IDLER E-308 SPROCKET SP KIT E-303 DRAPE MOUNT DS KEEPER 001531 SPROCKET E-308 FREIGHT NO BIN Environmental Products of Florida 2525 Clarcona Road • Apopka, FL 32703 2 11 2 1 1 1 2 1 1 ISS SHP B/0 UTTTT Price Amount 1157.06 2314.12 36.05 396.55 98.56 197.12 79.22 79.22 67.24 67.24 90.97 90.97 2 2 71.61 143.22 1 1 98.56 98.56 1 1 , 250.00 250.00 Ot t :AGCPUNT 3637.00 X Received By Thank You For Your Business! 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: Collier County After the Fact Form Swainson Hall Procurement Services Edward F. Coyman Jr. Technical Management Associates, Inc. $15,906.00 4600003720 4500155103 ✔ The vendor purchased a Generator as part of a larger electrical project. Sales tax was not charged to the vendor by the generator manufacturer. The vendor was under the assumption that the purchase would be tax free. During the quoting process, Technical Management and Associates, Inc. inquired if the purchase of a Generator as part of a work order would be tax exempt. County Staff indicated that the County is exempt from sales tax and provided the vendor with the tax exempt form. The vendor mis-interpreted this as direction from staff that the purchase would be tax exempt. No sales tax was collected which was in violation of the contract terms. Vendor acted in good faith on email language from County staff that was not clear, which had some implication that the item would be tax free, and which lead to the interpretation that no tax would be required. County Staff met with Technical Management and Associates, Inc. and settled on a negotiated amount of $15,906.00 to be paid to the vendor to cover a portion of the sales tax. The total sales tax obligation is $21,360. This amount still keeps the vendors total bid price below the next vendor who was in line for the award. Both staff and the vendor have been briefed on the terms of the agreement and the County policy on sales tax obligation. Swainson Hall HallSwainson Digitally signed by HallSwainson Date: 2017.11.28 16:04:57 -05'00' Edward F. Coyman Jr. tedcoyman@colli ergov.net Digitally signed by tedcoyman@colliergov.net DN: cn=tedcoyman@colliergov.net Date: 2017.11.29 10:21:05 -05'00'