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Agenda 01/15/2008 Item #16A11 Agenda Item No. 16A11 January 15, 2008 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize payment of invoices to Wm. J. Varian Construction Company, Incorporated in the amount of $20,403 for work performed at the Development Services Center OBJECTIVE: To pay the named contractor for materials/services rendered and to reconcile procedural issues pertaining to portions of the work CONSIDERATIONS: In October, 2006, the Purchasing Department issued a purchase order against contract 06-3971 to Wm. J. Varian Construction, Inc. (Varian) to construct renovations within the Development Services Center in the amount of $97,723. The work was needed to expand the work space available for the Commercial Plan Review function. The profect was managed by the Building Review and Permitting Department. In November 2006, the Building Review and Permitting Department requested the Purchasing Department to release a modification to the purchase order in the amount of $14,350 to re-paint offices, hallways and customer service areas adjacent to the construction area. The modification to the purchase order brought the total amount of the work to date to $112,073. Subsequent to these actions, Varian performed additional services (demolition, framing, drywall, flooring/tiling and electric) in the Plan Review area and submitted a cost proposal of $29,970. This work was performed without a written change order or modification to the purchase order. The contractor maintains that he received verbal authorization from the former Building Director to perform this work. In reviewing the work under this contract, two procedural errors occurred. 1) The first modification to the purchase order ($14,350) should not have been released by the Purchasing Department without prior Board approval. 2) The work from the proposal totaling $29,970 should not have been performed without a properly authorized purchase order (or modification to the existing purchase order). -. To date, the contractor has been paid $109,073 against the purchase order with $32,970 in unpaid invoices pending ($3,000 from work from the first modification plus the entire $29,970 for work performed without a purchase order). In an effort to resolve this matter equitably, staff has met with the contractor and recommends that the Board approve payment to the contractor in the amount of $20,403 to satisfy the pending invoices. The proposed amount includes the $3,000 pending under the first purchase order modification and $17,403 for the unauthorized work. The latter amount is the amount owed by Varian to their subcontractors, who were not parties to the agreement between the County and Agenda Item I~o. 16A 1 '1 January 15. 2008 Page 2 of 4 Varian. Varian has agreed to accept the proposed amount of $20,403 to resolve the matter. As a result of these errors, the CDES Division has modified its internal business procedures to centrally route the management of all such projects in the future through the Division's Office' of Operations and Regulatory Management to ensure proper coordination with all County departments and other parties, including contractors. FISCAL IMPACT: Funds for this project are available in the Community Development and Environmental Services (CDES) Capital Improvement Fund (310) within Project # 550551. GROWTH MANAGEMENT IMPACT: There is no Impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize payment to Wm J. Varian Construction Company, Inc. in the amount of $20,403 to satisfy all pending invoices pursuant to the CDES Building Renovation project as described herein. PREPARED BY: James C French, Operations Manager Office of Operations and Regulatory Management, CDES Page 1 of2 Agenda Item No. 16A11 January 15, 2008 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: '16A11 Recommendatic!rI thai the Board of County Commissioners authol"ize payment of invoices to Wm. J Varian Construction Company, lncol-porated in the alnount ':Jf $20,403 for work peifo;'med at the Deveiopment Services Center, 1j15/~2D08 90000 AM Item Summary: Meeting Date: Prepared By J~m€'s F l'Emch Ope;"ations Supervisor Date CGn1111unity Dc-,',?ionm'2'Hf & CDES Dpc:";)t:,ms ~'t20l;;~n(}7 1,57 :50 ;:;M Environmental :::;er\tiC0~, \pprovcd By ,.ludY;:::"Jlq '~)pe~:-Jt;C)"l':, And,'}S!: U0t0 ';;:.mm,;1:,ity Devefopmeni S, ;~nVir()nmf1lltai ,'j(}rVir:;.~';, '~~,0m'11unitv [)8v"i~npm"fnt & -If 'cmme ,t2: Se,'v'[(,:es ,L,drnt;'l t 2J2(\/~'n07 J: 5i PnJi Approved By :-\J:al-ie;-,e St0warf --:"cc;. ;"n,.', ~;,("cr('t2:ry c;ate Community Developm:H1" & Community :Js'v0Iopm'O-n~:~ f~,!lvi,onmenta; Servii:es Admin 'I 2i20'2!)[i7 .~ :53 PM Environmental Serviu,s Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 12f2Qf2007 8:20 PM Approved By Steve Carnell Pur~hasing!General Svcs Director Date Administrative Services Purchasing 12126/20073:41 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 12127/20073:26 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 12127/20073:44 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12128120079:06 AM Approved By file://C:\AgendaTest\Export\98-January%20 15,%202008\ 16,%20CONSENT%20AGENDA \ 1,., 1/9/2008 Page 20f2 i"genda Item No. 16A 11 January 15. 2008 Page 4 of 4 Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/28/200710:00 AM Approved By Michael Srnyl<;o\<'Jsld fVianagC!rl1cnt &. 3udget Dtrector Cc;te ::>:)unty Manager's C)ffi::0 Offic;e of Management & Budget ~ 2/28/2007 .: 1:27 AM Approved By J8m0S \f Mudd ::::,urdy Manager J'ate beard of Coun~v Cc,rnmissionars (':c'unty!I!:;:ln."ge"'" )+:1,;", ~ ?/28/2UCi7 .;. i:1 PM file://C:\AgendaTest\ExpOli\98-January%20 15, %202008\ 16. %20CONSENT%20AGENDA \ 1... 1/9/2008