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Agenda 08/11/2020 Item #16E3 (09/08/2020 Item #16F1I for 08/11/2020 Absentia)08/11/2020 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 transparency 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: Two (2) change orders that in aggregate modify contracts by -$92,472.73 and add 0 calendar days to completion periods, see attached summary and backup for details; and Zero (0) amendments this period with a fiscal impact of $0.00; and Two (2) after the fact memos with a fiscal impact of $55,000.00 for additional services Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The net total for the four (4) items is -$37,472.73 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: Sara Schneeberger, Procurement Strategist, Procurement Services ATTACHMENT(S) 1. 0811 Change Order Report - FY20 (PDF) 2. 0811 Change Order Backup - FY20 (PDF) 08/11/2020 3. 0811 After the Fact Report - FY20 (PDF) 4. 0811 After the Fact Backup - FY20 (PDF) 08/11/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doc ID: 13101 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: 08/11/2020 Prepared by: Title: Business Technology Analyst, Senior – Procurement Services Name: Sara Schneeberger 08/03/2020 9:07 AM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Herrera 08/03/2020 9:07 AM Approved By: Review: Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 08/03/2020 9:17 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 08/03/2020 10:25 AM Procurement Services Catherine Bigelow Additional Reviewer Completed 08/03/2020 1:39 PM Procurement Services Sandra Herrera Additional Reviewer Completed 08/03/2020 4:07 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/10/2020 9:27 AM Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 08/10/2020 9:33 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/10/2020 11:04 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/10/2020 11:31 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/10/2020 11:51 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/10/2020 1:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 08/11/2020 9:00 AM Item page #Contract/ Grant No.Change #DateProject Name Vendor Name Division ‐ Project ManagerOriginal Contract AmountCurrent Contract Amount Current Change Order AmountRevised Contract Amount% Over Board Approved AmountContract LengthChange in length (Days)Updated contract length    Change in length       (%)1 1 19-7605 2 7/13/2020Immokalee Rd, Logan Blvd and VBR New 24-inch Force Main ProjectQuality Enterprises USA, Inc. PUEPMD - Zamira DelToro $9,858,072.00 $7,901,911.28 ($100,000.00) $7,801,911.28 -1.27% 457 0 457 0.00%2 3 20-7682 1 7/16/2020Immokalee Rd at Woodcrest Dr Intersection ImprovementsWright Construction Group, Inc.Transportation Engineering - John Conti$1,564,098.50 $1,564,098.50 $7,527.27 $1,571,625.77 0.48% 210 0 210 0.00%Meeting Date Total number of Change OrdersTotal Dollar ChangeTotal Change in Days8/11/2020 2 -$92,472.73 0 Revised: 10/28/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC Rpt BCC ES Contract Modification Purchase Order Modification Amendment Contract #: Change #: Purchase Order #: Project #: Contractor/Firm Name: Contract/Project: Project Manager Name: r: Division Name: Original Contract/Work Order Amount $ 9,858,072.00 3/10/2020;11B Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 9,858,072.00 3/10/2020;11B Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 7,901,911.28 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ (100,000.00)-20.86%Total Change from Original Amount Revised Contract/Work Order Total $ 7,801,911.28 -20.86%Change from Current BCC Approved Amount Cumulative Changes $ (2,056,160.72)-1.27%Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Date (Includes this change) # of Days Added Select Tasks Add new task(s) Delete task(s) Change task(s) Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Procurement Services Change Order Form 70233.1 Quality Enterprises USA, Inc. 4500202526 19-7605 2 Immokalee Rd, Logan Blvd, & VBR New 24 FM Engineering and Project Management Zamira DelToro 6/27/2021 6/27/2021 6/27/2021 3/27/2020 1.To withdraw $100,000 from Task 3 legal sketches and description for easements. The contract has an allowance item of $100,000 that was reserved for acquisition of easements during the design build project (including legal description and sketches, etc.). Quality Enterprises USA/Q. Grady Minor and Associates, PA (“Design Build Team”), hereafter referred to as DBT, is not going to charge under this allowance task because the creation of legal description and sketches are part of the DBT’s scope of work (LS amount item Task 1). The County Attorney’s Office recommends staff continue the standard process for acquisition of the required easement with the County’s Real Property Management. Therefore, the County will pay for easement costs directly, if needed. 2.This change was not included in the original contract because it was anticipated that the DBT would use the allowance to acquire the necessary legal descriptions & sketches for the project. A legal description and sketch was prepared by the DBT; during that time the County learned that creation of legal description and sketch documents were included as part of the DBT’s proposal (LS amount item Task 1) and therefore will not be charged to this task by the DBT. 3.If the easement is not donated by the property owner, the County will need to pay the cost assigned to the easement property. If this change is not accepted, the County will not have the $100,000 available in the program fund which could be used to pay the cost incurred for easement acquisition. Line/Task #Description Original Amount Current (after CO#1) After CO#2 Task1- Design Build Logan Blvd-Immokalee Rd-VBR $ 8,600,000.00 $ 8,600,000.00 $ 6,643,839.28 CO #1 ($1,828,187.59 + $127,973.13) $ (1,956,160.72) Task2-FPL Electrical Services and/or PS Electrical/Instrumenstation work allowance $ 100,000.00 $ 100,000.00 $ 100,000.00 Task3- Legal Sketches and description for easements (temporary and permanent easements) work allowance $ 100,000.00 $ 100,000.00 $ - Task4-Owner's allowance $ 430,000.00 $ 430,000.00 $ 430,000.00 Task5- Net cost increase of additional negotiated $ 628,072.00 $ 628,072.00 $ 628,072.00 PO Total 9,858,072.00$ 7,901,911.28$ 7,801,911.28$ 1 1 Revised: 10/28/2014 (Divisions who may require additional signatures may include on separate sheet.)PROCUREMENT USE ONLY Admin BCC Rpt BCC ES Prepared by: _____ ____________________________________ Date: ________________ (Zamira DelToro, CSM Project Manager - PU Engineering and Project Managemen) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: ___________________________________________________________________________ Date: ________________ (Lou Gaudio, Vice President –Quality Enterprises USA, Inc) Approved by: ___________________________________________________________________________ Date: ________________ (Justin Frederiksen, P.E. Vice President –Q. Grady Minor and Associates, PA) Approved by: ___________________________________________________________________________ Date: ________________ (Michael Stevens, P.E. Principal Project Manager –PU Engineering and Project Management) Approved by: ___________________________________________________________________________ Date: ________________ (Tom Chmelik, P.E. Director –PU Engineering and Project Management) Approved by: ___________________________________________________________________________ Date: ________________ (Sarah Schneeberger, Procurement Professional) __________________________________________________________________ innnnnnnnn Frederiksen PE Vice Presid ra DelToro,CSM Project Manage 7/13/2020   7/10/2020 ChmelikTom Digitally signed by ChmelikTom Date: 2020.07.14 09:41:35 -04'00' SchneebergerSara Digitally signed by SchneebergerSara Date: 2020.07.20 10:36:41 -04'00' 2 23 SchneebergerSara Digitally signed by SchneebergerSara Date: 2020.07.21 08:30:13 -04'00' 4 5 6 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 Robert Graham Water - Power Systems Beth Johnssen Technical Management Assoc. 55,000 19-7527 4500200762 ✔ On November 8, 2019, staff requested quotes for a Journeyman for an anticipated project of 12-16 weeks to all three vendors under contract, as required by the Agreement, and inadvertently obtained an additional quote from a non-contracted vendor. Technical Management Associates provided a quote for $80 and there were no-quotes from Hart’s Electric and Simmonds Electric due to unavailable manpower. There are no other vendors with available manpower at a lower rate than $80 per hour. The original PO for $21,000 was opened and utilized to hire two Electricians-Journeymen, instead of one Electricians-Journeymen. Staff requested a PO modification to increase the existing PO by $25,000 for additional journeyman labor due to unexpected security issues at the plant. Staff requested a second increase PO modification for $30,000 for continual journeyman labor services. Staff did not re-quote the three contracted vendors, since the Journeyman rate is per contract and two of the three contracted vendors previously provided no-quotes based on a lack of manpower to provide the services. Staff viewed the original PO as an open blanket PO driven by the contracted hourly rate for services sought and did not re-quote for the additional PO increases. Authorization to pay invoices listed below totaling $27,520.00 (copies attached) and any additional invoices presented for this PO #4500200762, which has a balance remaining of $19,800.00 Inv. date Invoice Amount 5/11/2020 1781 $6,400.00 6/01/2020 1793 $5,120.00 6/08/2020 1796 $3,840.00 6/15/2020 1798 $3,200.00 6/22/2020 1800 $3,840.00 6/29/2020 1806 $5,120.00 Staff has been made aware of the contract language and guidelines and will follow these procedures when procuring services in the future. Robert Graham GrahamRobert Digitally signed by GrahamRobert Date: 2020.07.07 09:26:55 -04'00' 07/06/2 Beth Johnssen Beth Johnssen Digitally signed by Beth Johnssen Date: 2020.07.07 13:36:52 -04'00' 11 10251 Metro Parkway Suite 118 Ft. Myers, FL 33966 Phone: 239.437.9582 May 11, 2020 INVOICE # 1781 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: ACCOUNTS PAYABLE 3299 TAMIAMI TRAIL E, STE 700 NAPLES, FL 34112-5749 Project:Electrical Journeyman to work with Power System Techs on SRO Issues P.O.# 4500200762 TMA - 2320-102-6 Work week ending 5/10/20 LABOR: 80.00 Reg Hrs @ $80.00 $6,400.00 0.00 OT Hrs @ $120.00 $0.00 MATERIAL: Net Cost $0.00 Markup @ 10%$0.00 $0.00 Sales Tax Markup @ 5%$0.00 $0.00 $6,400.00 TOTAL AMOUNT DUE THIS INVOICE BY May 26, 2020 ………………………………………………………………………………………………..$6,400.00 2 10251 Metro Parkway Suite 118 Ft. Myers, FL 33966 Phone: 239.437.9582 June 1, 2020 INVOICE # 1793 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: ACCOUNTS PAYABLE 3299 TAMIAMI TRAIL E, STE 700 NAPLES, FL 34112-5749 Project:Electrical Journeyman to work with Power System Techs on SRO Issues P.O.# 4500200762 TMA - 2320-102-9 Work week ending 5/31/20 LABOR: 64.00 Reg Hrs @ $80.00 $5,120.00 0.00 OT Hrs @ $120.00 $0.00 MATERIAL: Net Cost $0.00 Markup @ 10%$0.00 $0.00 Sales Tax Markup @ 5%$0.00 $0.00 $5,120.00 TOTAL AMOUNT DUE THIS INVOICE BY June 16, 2020 ………………………………………………………………………………………………..$5,120.00 3 10251 Metro Parkway Suite 118 Ft. Myers, FL 33966 Phone: 239.437.9582 June 8, 2020 INVOICE # 1796 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: ACCOUNTS PAYABLE 3299 TAMIAMI TRAIL E, STE 700 NAPLES, FL 34112-5749 Project:Electrical Journeyman to work with Power System Techs on SRO Issues P.O.# 4500200762 TMA - 2320-102-10 Work week ending 6/7/20 LABOR: 48.00 Reg Hrs @ $80.00 $3,840.00 0.00 OT Hrs @ $120.00 $0.00 MATERIAL: Net Cost $0.00 Markup @ 10%$0.00 $0.00 Sales Tax Markup @ 5%$0.00 $0.00 $3,840.00 TOTAL AMOUNT DUE THIS INVOICE BY June 23, 2020 ………………………………………………………………………………………………..$3,840.00 4 10251 Metro Parkway Suite 118 Ft. Myers, FL 33966 Phone: 239.437.9582 June 15, 2020 INVOICE # 1798 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: ACCOUNTS PAYABLE 3299 TAMIAMI TRAIL E, STE 700 NAPLES, FL 34112-5749 Project:Electrical Journeyman to work with Power System Techs on SRO Issues P.O.# 4500200762 TMA - 2320-102-11 Work week ending 6/14/20 LABOR: 40.00 Reg Hrs @ $80.00 $3,200.00 0.00 OT Hrs @ $120.00 $0.00 MATERIAL: Net Cost $0.00 Markup @ 10%$0.00 $0.00 Sales Tax Markup @ 5%$0.00 $0.00 $3,200.00 TOTAL AMOUNT DUE THIS INVOICE BY June 30, 2020 ………………………………………………………………………………………………..$3,200.00 5 10251 Metro Parkway Suite 118 Ft. Myers, FL 33966 Phone: 239.437.9582 June 22, 2020 INVOICE # 1800 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: ACCOUNTS PAYABLE 3299 TAMIAMI TRAIL E, STE 700 NAPLES, FL 34112-5749 Project:Electrical Journeyman to work with Power System Techs on SRO Issues P.O.# 4500200762 TMA - 2320-102-12 Work week ending 6/21/20 LABOR: 48.00 Reg Hrs @ $80.00 $3,840.00 0.00 OT Hrs @ $120.00 $0.00 MATERIAL: Net Cost $0.00 Markup @ 10%$0.00 $0.00 Sales Tax $0.00 TOTAL AMOUNT DUE THIS INVOICE BY July 7, 2020 ………………………………………………………………………………………………..$3,840.00 6 10251 Metro Parkway Suite 118 Ft. Myers, FL 33966 Phone: 239.437.9582 June 29, 2020 INVOICE # 1806 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: ACCOUNTS PAYABLE 3299 TAMIAMI TRAIL E, STE 700 NAPLES, FL 34112-5749 Project:Electrical Journeyman to work with Power System Techs on SRO Issues P.O.# 4500200762 TMA - 2320-102-13 Work week ending 6/28/20 LABOR: 64.00 Reg Hrs @ $80.00 $5,120.00 0.00 OT Hrs @ $120.00 $0.00 MATERIAL: Net Cost $0.00 Markup @ 10%$0.00 $0.00 Sales Tax $0.00 TOTAL AMOUNT DUE THIS INVOICE BY July 14, 2020 ………………………………………………………………………………………………..$5,120.00 7 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 Dayne Atkinson PUD-SHWMD Kari Hodgson Mitchell & Stark Const. Co., Inc. $10,875.00 16-7021 4500197770 ✔ Mitchell & Stark Construction Co., Inc. were contracted to construct Hammerhead Group 9B for the sum of $235,900.00. This contract allows for construction less than $250,000 to commence without Board Approval and requires Payment and a Performance Bond be obtained. This is the only contract in this Division with a provision that differs from County policy regarding services rendered greater than $200,000 do not require Board approval. Upon final invoice of $10,875.00 and submittal of closeout documents, it was found that the work was performed without a Bond. To obtain Board approval to pay the vendor's final invoice of $10,875.00, who has satisfactorily performed the work. The contract exemption from Board approval will no longer be honored, rather this contract shall adhere to Procurement policies. The responsible staff member has been counseled and controls have been put into place to avoid this in the future. Dayne Atkinson AtkinsonDayne Digitally signed by AtkinsonDayne Date: 2020.06.29 13:45:26 -04'00' Kari Hodgson HodgsonKari 2020.07.23 12:34:33 -04'00' 8 2 9 10 Item Page #Contract or Purchase OrderDate Description of Project Vendor Name Division ‐ DirectorFiscal Impact for Additional ServicesOutstanding InvoicesDescription1119-7527 45002007627/7/2020 Electrical Repairs on SROTechnical Management AssociatesWater - Beth Johnssen $55,000.00 $27,520.00Division staff did not re-quote the three contracted vendors for the additional increases made to the purchase order as required by contract.2816-7021 45001977707/23/2020Hammerhead Group 9B ConstructionMitchell & Stark Construction Co., Inc.SHWMD - Kari Hodgson $0.00 $10,875.00Construction was done without a payment and performance bond in place as required by contract.Meeting DateTotal number of After the Fact MemosFiscal Impact for Additional ServicesOutstanding Invoices8/11/2020 2 $55,000.00 $38,395.00