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Agenda 07/26/2011 Item #16A187/26/2011 Item 16.A.18. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (Board) approve and ratify staffs authorization of a change order to extend Work Order #4500105331 for SCOOT Drafting Services. OBJECTIVE: To obtain Board approval for and ratification of Staff's authorization of a time extension to an expired work order. CONSIDERATIONS: Collier County entered into Contract #05 -3657 on July 26, 2005, for Project Management and Oversight Services. This Contract expired on January 25, 2010. A work order was issued on March 12, 2009, which was dated to expire on June 9, 2009 while the master agreement was still in effect. The work order authorized URS Corporation to draft a set of construction plans necessary for traffic improvements on Airport Pulling Road. Staff issued a change order to extend the work by fifty -two days, establishing an adjusted completion date of July 31, 2009. This change order was for a time extension only to allow the final invoice to be processed. The work was completed within the time that the master contract was still in force. There was no change in the scope of work or to the amount of the original agreement. The Scope of the Work Order was to draft a set of plans that were engineered by County staff, in preparation for a Local Agency Program (LAP) funded project in the following fiscal year. Previous LAP - funded projects of a similar nature did not require design plans or the standard review process that is typical of larger or more complex construction projects. Therefore, staff did not anticipate FDOT's three thirty -day review periods, and subsequent draft changes which were required to bring the set of design plans drafted by the consultant to 100% acceptance. Work to complete final changes to the plan set extended beyond the original 90 -day term of the Work Order. Although a Change Order was prepared to request a time extension to process the final invoice within the contract period, it was not routed properly. It had been understood to be paid until the Consultant brought non - payment of the final invoice to Staff's attention. Staff authorized a new change order to the Work Order in order to pay the final invoice after the master contract expired. Staff recommends that the Board approve this change order for a time extension only to enable Finance to process the final invoice. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney is providing an "after the fact" review of staff's prior extension of the referenced contract and associated work order. The Board is authorized to determine the validity of equitable claims such as quantum meruit and determine that the relief sought equitably reflects the fair value of the work performed and furnished to the County, for which the County has benefited, and approve and ratify the extension of the contract, associated change to the Work Order and authorize any remaining payment owed to the vendor. This item is legally sufficient and requires majority vote. — CMG Packet Page -1429- 7/26/2011 Item 16.A.18. RECOMMENDATION: That the Board of County Commissioners approves and ratifies staff's authorization of change order 41 to extend the term of Work Order #4500105331 by 52 days to URS Corporation in order to process the Consultant's final invoice. Prepared by: Sheila A. Convery, Signal System Specialist Attachments: Change Order to Work Order 91, Change Modification Form Packet Page -1430- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18. 7/26/2011 Item 16.A.18. Item Summary: Recommendation that the Board of County Commissioners (Board) approve and ratify staff's authorization of a change order to extend Work Order #4500105331 for SCOOT Drafting Services Meeting Date: 7/26/2011 Prepared By Name: ConverySheila Title: Signal Systems Network Special ist,Transportation E 7/13/2011 12:08:25 PM Submitted by Title: Signal Systems Network Special i st,Transportati on E Name: ConverySheila 7/13/2011 12:08:26 PM Approved By Name: KhawajaAnthony Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management Date: 7/13/2011 1:21:40 PM Name: LynchDiane Title: Administrative Assistant Date: 7/13/2011 4:28:20 PM Name: Tara Castillo Title: Fiscal Technician,Transportation Engineering & Con Date: 7/13/2011 4:43:57 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 7/14/2011 10:03:47 AM Packet Page -1431- 7/26/2011 Item 16.A.18. Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 7 /14/2011 11:35:40 AM Name: AhmadJay Title: Director -Transportation Engineering,Transportation Engineering & Construction Management Date: 7/14/2011 1:28:15 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 7/14/20112:11:46 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 7/14/2011 3:33:48 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 7/14/2011 3:44:37 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7 /14/2011 4:22:39 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 7/14/20114:32:09 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/15/2011 3:58:46 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7 /19/2011 8:54:03 AM Name: PriceLen Title: Administrator - Administrative Services, Date: 7 /19/2011 10:26:42 AM Packet Page -1432- Collier Cocfnty idl'P-rilsi ?;r bprVi i I }Vsfr; n -.. -r hOF4: , ❑ Contract Change Request 7/26/2011 Item 16.A.18. - c h� G6C _11(a6 Purchasing Department Change Modification Form X Work Order Modification Contract M Mod #: 1 POlWork Order #: Project Name: 05 -3657 4500105331 ng Services Project #: 60180 Project Manager: Department: Contractor /Firm Name: Shelia Convery Traffic Operations URS Corporation )riginal Contract /Work Order Amount $ 6,950,00 Original BCC Approval Date: Agenda Item # ;urrent BCC Approved Amount $ 6.950.00 Last BCC Approval Date, Agenda Item # :urrent Contract/Work Order Amount $ 6,950.00 I insurance certificate(s) from SAP or obtain from vendor): 52 )ollar Amount of this Change $0.00 final invoice reflects the date that all changes were accepted by FDOT. 0,00% Total Change from Original Amount temsed New Contract/Work Order Total 2. Provide detailed rationale for the requested change: $6.950.00 were required to bring the set of design plans to 100% acceptance, Because the review period ran past the work order 0.00% Change from Current BCC Approved Amoun :umulative Changes the work order and notice to proceed This is likely due to the fact that FDOT requested that Traffic Operations prepare $0.00 appears to have been that a ninety day draft cycle would have been sufficient, and did not take into account three 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Original notice to proceed Last approved completion date: Revised completion date (includes this completion date: March 12, 2009 June 9, 2009 change): July 31, 2009 Number of days added (if Explain why additional days are needed (detailed /specific): I extension, must aBach current Time extension was needed for drafting services to be completed. The purpose of the I insurance certificate(s) from SAP or obtain from vendor): 52 change modification is to pay the final Consultant invoice. Following the expiry of the Work Order, the consultant was asked to make one final revision to the plan draft. The final invoice reflects the date that all changes were accepted by FDOT. ❑ Add new task(s) Change task(s) ❑ Delete task(s) Other (specify): 1. Provide a detailed and specific explanation of the requested change(s) to the task(s): No change to the tasks on the work order. 2. Provide detailed rationale for the requested change: The initial Work Order time period did not allow for the final thirty day (FDOT) review and subsequent draft changes that were required to bring the set of design plans to 100% acceptance, Because the review period ran past the work order expiration date, the consultant did not submit the final invoice until July 2009. 3. Provide explanation why change was not anticipated in original scope of work: While there was no change to the scope of work, the amount of revision time was not anticipated at the time of issuing the work order and notice to proceed This is likely due to the fact that FDOT requested that Traffic Operations prepare in -house design for a future adaptive traffic project. and in the past such designs were not required. The assumption appears to have been that a ninety day draft cycle would have been sufficient, and did not take into account three month -long reviews at the DOT district level. 4. Describe the impact if this change is not processed: Final invoice will not be able to be processed. Type of Change / Modification 1. Planned / Elective : X 2. Unforeseen conditions /circumstance ❑ 3. Quantity or price adjustment �❑ ❑ 4. Correction of errors) i ❑ 5. Value added_ _ _ ❑ 6. Schedule adjustment Change Requested By ❑Contractor/Consultant I ❑ Owner X Using Department Ll Design Professional i Regulatory Agency 'specify): ❑ O[her (specify): 4 Purchasing Professional Participated in Negotiation of Change / Modification: ❑Yes ❑ No — -- Revised: 4 /6/11 1 Packet Page -1433- 7/26/2011 Item 16.A.18. Approved by: Date: 4-_7-I _ f' Name and Title: Reviewed by: ' f. ti,Zyl Date: Purchasing PrDfessionaPS Name: , Revised:. 41&11 z Packet Page -1434- 7/26/2011 Item 16.A.18. - — CHANGE ORDER TO WORKORDER TO: Nestor Fernandez FROM: Growth Management Division URS Corporation Traffic Operations 2706 Horseshoe Dr S, Suite 219 2885 Horseshoe Dr S Naples, FL 34104 Naples, FL 34104 SCOOT Drafting Services 60180 April 1, 2011 4500105331 Change Order #: 1 April 1, 2011 Change Order Description: Increase scheduled time of Work Order 450005331 by fifty -two days (52), for a total of one hundred forty -two (142) days. In addition, reduce reimbursable fee by $250.00 and increasing drafting services by $250.00 (no net dollar change to this work order). The purpose of this change order is to pay the final invoice submitted by the Consultant, who made a revision to the draft plan after the work order expired. Original agreement amount ......... ............................... .......................$6950.00 Sum of Previous Changes ................................. .................. $-0- This Change Order No. 1 Amount (add or subtract) .... ..................... $-0- Revised Agreement Amount ............................... ............................... $6950.00 Original contract time in calendar days ................ .............................90 days Adjusted number of calendar days due to previous change orders ...............52 days This change order adjusted time is ........................ ............................142 days Revised Contract Time in working days ..................... ............................102 days Original Notice to Proceed date ................... ............................... March 12, 2009 Completion date based on original contract time ........................ June 9, 2009 Revised completion date due to change order (s) ......................... July 31, 2009 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of reia d , the ch g set forth herein, including claims for impact and delay costs. Prepared by: Date: Anthony Khawaja P. ?e,tor c pe "ons Accepted b Date: Fernandezorporation w. Approved by: _ Dat / i y A unad P. ., Transpor lion Engineering - - -- Packet Page -1435- 7/26/2011 Item 16.A.18. Change Order No. Page 2 Approved by: Date: Norman Feder, Growth Management Division ' �_ Approved by: - 1iG -n Z � v' t l'; ✓�� Date: — onda Cummings, Contract SpeciaMt ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Packet Page -1436- 7/26/2011 Item 16.A.18. CHANGE ORDER TO WORKORDER TO: Nestor Fernandez FROM: Growth Managemeat Division URS Corporation Traffic Operations 2706 Horseshoe Dr S, Suite 219 2885 Horseshoe Dr S Naples, FL 34104 Naples, FL 34104 SCOOT Drafting Services 60180 April 1, 2011 4500105331 Chanae Order #: 1 April 1,2O 11 Change Order Description: Increase scheduled time of Work Order 450005331 by fifty -two days (52), for a total of one hundred forty-two (142) days. In addition, reduce reimbursable fee by $250.00 and increasing drafting services by $250.00 (no net dollar change to this work order). The purpose of this change order is to pay the final invoice submitted by the Consultant, who made a revision to the draft plan after the work order expired. Original agreement amount ......... ............................... .......................$6950.00 Sum of Previous Changes ................................................... S-0- This Change Order No. 1 Amount (add or subtract) .........................S&- Revised Agreement Amount._ . . ............ _................. . ............. ....... $6950.00 Original contract time in calendar days ................ .............................90 days Adjusted number of calendar days due to previous change orders ...............52 days This change order adjusted time is. . .................................................. 142 days Revised Contract Time in working days ..................... ............................102 days Original Notice to Proceed date ........................ .......................... March 12, 2009 Completion date based on original contract time ........................ June 9, 2009 Revised completion date due to change order (s) ......................... July 31, 2009 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of rel the c g set forth herein, including claims for impact and delay costs. n Prepared by: Date: Accepted by: Date: OV /IRS Corporation v Approved by: + Da4 Transpo ation Engineering 1 i Packet Page -1437- Chmge Order No. FW2 Approved bv: Appnrmd Date: ATTEST: Dwight E. Brock, Clerk BY: j� \aVQ. ved As To Form V ' Sufficiency: eme: county Attorney 7/26/2011 Item 16.A.18. Date: Daze: 1 P BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Packet Page -1438-