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Agenda 05/11/2010 Item #16C 1 Agenda Item No. 16Cl May 11, 2010 Page 1 of 12 EXECUTIVE SUMMARY Ratify Change Order No. I to a Work Order issued to Quality Enterprises USA, Inc., under Contract #08-5011 for Project #72549, "Pump Station Improvements 112.06 and 130.00." OBJECTIVE: To explain why Change Order No. I was issued to Quality Enterprises USA, Inc., to separate the original work order for two pump stations in the amount of $337,606.00, into two work orders; one for pump station 112,06 in the amount of $193,161.00, and a second one for pump station 130.00 in the amount of$144,445.00. BACKGROUND AND CONSIDERATIONS: Quality Enterprises is one of five contractors previously pre-qualified and awarded a contract under Invitation to Bid #08-50 II for Underground Utilities Construction Services. This is an annual fixed term contract under which projects and tasks that exceed $50,000 are competed for among all of the firms under the contract. On September 23, 2009, staff solicited price quotes from all of the contract holders for construction work for pump stations 112.06 and J 30.00. Plicing for the two jobs were itemized separately within the same price quote solicitation. On October 8, 2009, Quality Enterprises USA, Inc., was the lowest overall bidder for contract #08-5011 to perform the construction work at both sites. The Planning and Project Management Department guidelines would normally require that this work be executed under two separate work orders, for each pump station, in order to accurately track costs, avoid charging work done on one pump station to the other, avoid the possibility of double charges, and ensure that the work completed and associated costs are appropriately recorded in the Asset Management records. On October 13, 2009, a work order was issued to Quality Enterprises USA, Inc" under contract #08-5011 "Underground Utilities Construction Services" for general contractor services for pump stations 112.06 and 130.00 in the amount of $337,606. A subsequent purchase order followed on October 15, 2009. Under the terms and conditions of this contract, work orders over $200,000 require Board of County Commissioners (Board) approval before a purchase order is issued. Board approval was not obtaincd. However, a notice to proceed was issued to the contractor on January 27, 2010. The contractor began work and submitted a pay application for both pump stations 112.06 and 130.00, which was received, approved and paid. To correct this error and proceed with the work under two separate work orders as originally intended, the original work order was amended to cover pump station 112.06 only, and was reduced to $193,161. A separate work order was issued for pump station 130.00 in the amount of $144,445. The separation of the work orders was done in coordination between the Public Utilities Division, Purchasing, and the Clerk of Courts Finance Department, with their respective managerial approvals. As shown below, the purchase orders show a difference from the work orders of +/- $36,976.30, because of the payment already made; however, neither work order exceeds $200,000. Agenda Item No. 16C1 May 11, 2010 Page 2 of 12 Previous On inal WO Purchase Order $ 337,606.00 JoumalEntry Work Order $ 337,606.00 Current WO for 112.06 WO for ]30.00 $ 230,137.30 $ ]07,468.70 $ (36,976.30) $ 36,976.30 $ ]93,]61.00 $ ]44,445.00 FISCAL IMPACT: This has no additional fiscal impact. Funding is available in and is consistent with the FY10 Capital Budget approved by the Board on September 24, 2009. The source of funding is the Wastewater Uscr Fee Fund (414). GROWTH MANAGEMENT IMPACT: This project meets CUlTent Growth Management Plan standards to ensure the viability of public facilities, LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action--SRT. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District ratity these changes to the work orders associated with purchase orders 45001 ]2802 and 4500] 17106. Prepared by: Phil Gramatges, P.E., Interim Director, Public Utilities Planning and Project Management Department. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C1 May 11, 2010 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Ratify Change Order NO.1 to a Work Order issued to Quality Enterprises USA, Inc., under Contract #08-5011 for Project #72549, Pump Station Improvements 112.06 and 130.00 5/11/20109:00:00 AM Project Manager, Principal Date Approved By Phil E. Gramatges, P .E. Public Utilities Division Public Utilities Engineering 4/29/20109:58 AM Manager. Wastewater Collection Date Approved By Stephen L. Nagy Public Utilities Division Wastewater 4/29120101:02 PM Manager. Contracts Administration Date Approved By Kelsey Ward Administrative Services Division Purchasing & General Services 4/29/2010 1: 1 0 PM Date Approved By Steve Carnell Administrative Services Division Director. Purchasing/General Services Purchasing & General Services 4129120101:11 PM Date Approved By Thomas Wi des Public Utilities Division Director. Operations Support. PUD Utilities Finance Operations 4130120107:59 AM IQ Water Manager Date Approved By Beth Johnssen Public Utilities WasteWater 4/30/20109:13 AM Deputy County Attorney Date Approved By Scott R. Teach County Attorney County Attorney 4130/20109:52 AM County Attorney Date Approved By Jeff Klatzkow 4130/201010:57 AM Approved By Date James W. Delany Public Utilities Division Public Utilities Division Administrator Public: Utilities Division 4/30120101:37 PM Approved By G. George Yilmaz Public Utilities Division Agenda Item No. 16C1 May 11 , 2010 Page 4 of 12 Director - Wastewater Date Wastewater 4/30/20102:02 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 4/30/2010 3:43 PM Date Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 5/3/20106:52 PM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 5/4/201011:44 AM "Annual Contract for Underground Construction" Contract #08.5011 Agenda Item NO.1 C1 May 11, 2 10 Page 5 0 12 This Work Order is for Gene"ai Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project' Pump Station Imorovements 112.06 & 130.00 The work IS specified in the Bid proposal from Quality Enterprises USA Inc" dated October 8, 2009, which is attached hereto and made a part of this Work Order In accordance witt1 Terms Clnd Conditions of the Agreement referenced above, Work Order is assigned to Qualitv Enterprises USA lnc (Film Name) ~C.J?Pf!9.LWQL~~ To relTlove and replace the eXisting pumps and panels and repiace it with new pumps 3nd paneis per the construction plans as described in the RFQ ~che5Lu.1e of Work: Comqlele within 90 days after the NTP. b..LqQ!dated Damaoe5: Per RFQ letter from Coll1er Coountv and oer contract 08~5011 ~..QLllQ,gnsalion: In accordance with Item No.3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in th~ schedule below Per Bid Proposal $337,606.00 TOTAL $337 606,00 AUTHORIZEO BY' approval will be considered an an e)(8cuted Charge Order as 101/2/0"t Dale !tJ/13/'J'l Date i;F'PROVED BY \0 {\'3./c'4 Date APPROVED BY' APPROVED BY Public QUALITY USA INC EjY(~~~~~~- .i:o~;i~J:<;a~io, Vice fJresi(i"";nt--- {2) mA.a,t- wAerJ (Print Name) 1'.1~C I pi' ] Send all Invoices to: Board of County Commissioners Attn: Accounts Payable BuIlding F 7\t1 Floor 3301 Temiemi Traii E NeplesFl34,,2 No. 1~C1 fliay 11, 2010 age 6 of 12 Board of County Commissioners Purchasing Department 3301 Tamlllmi Traii E Naples Fl 34112 Ta~ E~&mpt: 85-8012621830C-2 (i) Purchase OrdfJr number mu.t appur on all relatMl correspondence, shippIng pa~... and Invoices: Vendor # 102478 Purchase order 4500112802 ,..10/1612009 QUAUTY ENTERPRISES USA INC 3894 MANNIX OR. STE 216 NAPLES Fl 34114.5406 ::;a,taojPerwn Sr Projeet Gullanl Please deliver to: PUBLIC UTILITIES ADMINISTRATION 3RD FLR. HEALTH & COMM SERVICE SLOG 3301 TAMIAMI TRAIL E NAPLES FL 34112.3969 DeliYeryDate 09/30/2010 Te-rmsof PaylTlflnt Nel 30 Days Currency USD I "9m Materilfl 000'0 Description PumpingfUft Stations Improv OrderQty Unit 337,606 each Price Per Unit 1.00 Net Velue I 337,606.00 Release order against contract 4600001830 QQ010 PumDinq/lift Slations ImDrov Total net vatue excl tax USD 337,606.00\ VENDOR Terms and Conditions The VENDOR agrees 10 romply witt'. all Purchas!: Order Terms and Condlbons as outlined on the Collier County Purchasing intemel sile httpl/www.COlliergov.netJlndex.aspX7page...762(revision dale 01122.12008). including delivery and payment terms. Further the VENDOR agrees 10 Prol/ide goods and services outlined in this Purctlase Ordar with the prices, terms. delil/ery method and soecificatlons listeod above Notify departmant Immediately if orclerflllfillment cannot oocur as specified Sendal! invoices to Board of County Commissioner.; Attn: Accounc.Payable PO Bo~4'3016 Naples, Fionds 34101.30t6 The Purchase Order is authorized under direction of Colher County Board of County Commissioners by ! ~j;. ~ ....;.J(- Stephen y, Carnell, Gen&ral Services I Purchasing Director Agenda Item No. 16C1 May 11, 2010 Page 7 of 12 PROJECT NAME: Pump Statlpn Improvements 112.06 & 130.00 PROJECT #:~PROJECT MANAGER: Zamira Del Toro CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM - BID/RFP #: 08-5011-6 MOD #: -1-- PO#: 4500112802 WORK ORDER #: 4500112802 DEPARTMENT: PPMD CONTRACTOR/FIRM NAME: Quali1v Entarprises USA, Inc. Original Contract Amount: 337,606.00 (Starting Point) $ NJA (Last Total Amount Approved by the BCC) Current BCC Approved Amount: Current Contract Amount: $ 337,606.00 (Including All Changes Prior To This Modification) $~I44.445~O ) $ 193,161.00 (Including This Change Order) Change Amount: Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $~445.00') Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount_C 42) % Formula: (Revised Amount I Last BCC approved amount)-1 CURRENT COMPLETION DATE (5): ORIGINAL: 413012010 CURRENT: 6130/2010 This change order will: 0 Add a new Task for $ o Increase Task Number _ by $ Other: To remove LF 130.00 from WOo Describe the change(s): The existinQ WO contains LF112.06 and LF130.00 as one proiect. which in realitv is two different proiects with two different scopes. This chanQe will separate LF 130.00 as one prolect and LF130.00 as the other Qet process. Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseen Conditions . 3. Quantity Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work). 5. Value Added r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: Payments could not be made This change was requested by: r1Contractor/Consultant 171 Owner rl Using Department C CDES CDesi.sn Professional rlRegulatory Agency (Specify) rOther (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: rYes r No APPROVED BY: Date: ~ APPROVED BY Date: 3lzq,ho REVIEWED BY: Date: 3/30 { 10 Revised 7-14-09 Agenda Item No. 16C1 May 11,2010 Page 8 of 12 CHANGE ORDER TO WORKORDER TO: Quality Enterprises USA, Iue. FROM: Publie Utilities PPMD 3894 Mannix Dr. Suite 2]6 3301 E. Tamiami Trail Naples, Florida 34114 Naples, Fl. 341 ] 2 Project Name: Pump Station Improvements 112.06 & 130.00 Project Number: 72549- LS Improvements Program Work Order Date: 10/16/2009 Change Order No.: I Change Order Description: This deduction change order is to remove LF 130.00 from the work order. Original agreement amount ...............................................................$337.606.00 Sum of Previous Changes..................~....................$O This Change Order No.1 Amount (add o~.........................$ (144.445. OeY Revised Agreement Amount .............................................................$ 193, 161 .00 Work Order PO 4500112802 Original contract time in calendar days.................... ....... ............... ...93 days Adjusted number of calendar days due to previous change orders............ ...0 days This change order adjusted time is........ ....... ...................... ...... .........61 days Revised Contract Time in working days...... ......................... .................154 days Original Notice to Proceed date .................................................. ]127/2010 Completion date based on original contract time......................... 4/30/2010 Revised completion date due to change order(s)... 6/30/2010 Your acceptance of this change order shall constitute a modification to our Agreement and will be perfonned 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, or related to, the change set forth herein, including claims for impact and delay costs. _ f\---r-- Prepared by: 1:ttu.tm ~. l...t!1..<J Date: 3}zgJZO/V Zamira DelToro, Project Manager PUPPMD Accepted by: Date: 3/.;;S/to Change Order No. Page 2 Approved b : Agenda Item No. 16C1 May 11, 2010 Page 9 of 12 Date: 3 /v ~~v Date: Y2.q, AD Date:/ ~ Date: 3/30110 '7~,/'O BID SCHEDULE Agenda Item No. 16C1 May 11, 2010 Page 10 of 12 Quality Entarprisea USA, Inc. COLLIER COUNTY LIFT STATIONS 112,06 and 130.00 IMPROVEMENTS BASE BID Unit lten Descrintion ~ .!l!ill ~ Total I Mobilization/Demobilization 1 LS 27 500 00 1& 27.<nn nn 2 General RCQuirements 1 LS 5.000.00 1$ < nnn nn 3 L.S. 112.06 Refurbishment 1 LS .. ~< J.n< nn I ~ p< ,. n< nn 4 L.S, 130.00 Refurbishment 1 LS $127,690.00 $ 127 690.00 I 5 Idemnification I 1 LS $ 10.00 $ 10.00 ,.- I 6 Trench Safety , 1 LS 1 000.00 $ 1 nnn . nn I BASE BID TOTALT $ 337,606.00 ** ** Price based on Collier County buying material directly from ITT as indicated on their Quote #2009-APO-3648 and #2009-APO-3647. JAF/dmnlSpecS/BldSehedule.xls 1'1#200.06468-09001 061806 WORK ORDER Contract # 08-5011 Underground Utility Contracting Services Dated: March 25, 2010 Agenda Item No. 16C1 May 11, 2010 Page 11 of 12 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Improvements for LS 130.00 The purpose of the work order is to provide underground utility services related to mechanical and electrical upgrade for the L.S.130.00. In accordance with Terms and Conditions of the Agreement referenced above this Work Order is assigned to Quality Enterprises. Task 1- Per Quote ProposaL..................... $ 144,445 .OQ'LUMP SUM Scope of Work: To remove and replace the existing pumps and panels and replace it with new pumps and panels per the construction plans as described in the RFQ, Schedule of Work: The scope of work defined herein will commence upon notice to proceed, and are estimated to be completed within 120 day after the NTP. Compensation' The County will compensate Quality Enterprises a Lump Sum amount not to exceed $144,445.00 per quote proposal. PREPARED BY 1! (UJ; rt:Z-.1?~~-~ . ect Manager Management Department APPROVED BY: APPROVED BY: 1/ REVIEWED BY: QUALITY ENTERPRISES USA INC, By: ~7 r~ ~~ .3i;;.,;),t) Louis J.Gaudio, Vice President-Project Management Witnesses (2) (1) \ / (2) :3) ZC1.j? 0/0 f Oat ~2.4.!to Date 3/31/10 ./ D1!!e /" ,~)' /0 Date 3/30110 Date 1 a:? JfldlO -"'I' . U j /~ (', '!r-- Signature m fl{U tf- (1h-e. N (Print Nama) Board of County Commissioners Purchasing Department 3301 Tamiami Trail E Naples Fl34112 Tax Exempt: 85--B012621830C-2 (i) Agenda Item No. 16C1 Mav 11 2010 Send all Invoices to: Page 12 of 1 Board of County Commissioners Altn: Accounts Payable Building F 7th Floor 3301 Tamiami Trail E Naples Fl 34112 Purchase Order number must appear on all related correspondence. shipping papers and Invoices: ~g~i{~e or!:l.iY'.. ... PO Nom'" 4500117106 0." 04109/2010 Vendor # 102478 QUALITY ENTERPRISES USA INC 3894 MANNIX DR, STE 216 NAPLES FL 34114.5406 Col1taclP0fson Tom Chmelik Please deliver to: PUBLIC UTILITIES ADMINISTRATION 3RD FLR, HEALTH & COMM SERVICE BLDG 3301 TAMIAMI TRAIL E NAPLES FL 34112-3969 Delivery Date: 0913012010 Terms of Payment Net 30 Days Currency USD ~/tem,: ~'~':MaterJa/-,:,;::';', ;":;-,: 'p-!~crjf!~o,?~,~,:~,":: 00010 Task1-Mech.&Elec. upgrade for lS 130.00 Release order against contract 4600001830 Item 00010 ,:::-;:."Ord~t'Ott:.~.l.!tilt-, Ptjce Per.Uiilt-:,N.tVa~,!e 107,468.7 each 1.00 107,468.70 Task1-Mech.&Elec. upgrade for LS 130.00 VENDOR Terms and Conditions The VENDOR agrees to comply with aU Purchase Order Terms and Conditions as ouliined on the Collier County Purchasing Internet site: http://www.colliergov.neUtndex.aspx?page=762 (revision date 01122/2008), including delivery and payment terms. Further the VENDOR agrees to: 1, Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above 2. Notify department Immediately if order fulfillment cannot occur as specified 3 Send all invoices to' Board of County Commissioners Atln: Accounts Payable Building F 7th Floor 3301 Tamiami Trail E Naples FL 34112 The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: ~ 'fi (;-#2 Stephen Y. Carnell, General Services I Purchasing Director Printed Fri Apr 092010 15:51 :53 GMT-0400 Page1oi1