Agenda 01/12/2021 Item #16A31 (Change Order 3R3 to #18-7322)01/12/2021
EXECUTIVE SUMMARY
Recommendation to approve unilateral Change Order 3R.3 to Agreement No. 18-7322, “West
Goodlette Frank Road Area Joint Stormwater-Sewer Project” with WPM-Southern, LLC in the
amount of $374,149.77 utilizing the project’s available contingencies funding. (Project 60142)
OBJECTIVE: To allow the Contractor to invoice for County authorized necessary modifications to the
material quantities involved in completing construction of the stormwater and roadway components of the
West Goodlette-Frank Road Area Joint Stormwater-Sewer Project.
CONSIDERATIONS: On July 10, 2018, (agenda item 11.G) the Board approved a tri-party agreement
with the City of Naples and WPM-Southern, LLC for construction of the West Goodlette-Frank Road
Area Joint Stormwater-Sewer Project.
On July 20, 2020, staff administratively approved Change Order #1 to utilize existing funding with the
agreement’s Contingencies for necessary additional work and material quantity changes to address
differences between the construction plans and conditions encountered during construction. There was no
dollar amount change in the contract as the funding for these changes was available in the existing
Contingencies in an amount of $69,790.13.
On October 29, 2020, staff administratively approved Change Order #2 to add seventy-six (76) days to
the contract to address work interruptions or expansions encountered by the Contractor over the course of
the work due to unexpected utilities conflicts, rework due to correction of discrepancies in th e design
plans, weather delays and pandemic related quarantines of work crews. There was no dollar amount
change in the contract with Change Order #2.
In August 2020 the Project’s engineering design consultant began providing information to staff to show
the extent of a discrepancy in the Project’s bidding quantities for road building materials necessary to
complete the reconstruction of the streets within the Project area. The quantities for stabilized subgrade,
limerock base material and asphalt had been underestimated in the original bid. In order to keep the
project advancing towards completion a change order would be necessary to increase the material
quantities. As a part of the change order the design consultant also identified needed quantities changes
in stormwater components that overall had a cost reduction impact by several line item reductions.
Discussions with the Contractor extended into October so that by late October 2020 a proposed Change
Order #3 was ready for the Contractor’s signature.
The Contractor refused to sign the change order and insists that they should be allowed to renegotiate an
increased unit pricing for three road construction items (stabilized subgrade, limerock base, and asphalt).
Staff did previously extend to the Contractor the courtesy of discussing Section 11.1 of the General Bid
information’s discretionary opportunity to re-negotiate unit prices where the actual quantities exceed
more than 25% from the estimate at the time of bid. There is no right or duty to re-negotiate such unit
prices, and when the Contractor did not offer any support to justify an increase in unit prices (generally an
increase in volume of materials results in a greater profit for the Contractor) staff notified the Contractor
that it was withdrawing its interest in exercising the discretion to re-negotiate. Staff’s position is also
supported by an analysis of recent bids on FDOT and County projects suggesting that the original bid unit
prices were still appropriate. Since this is a tri-party agreement with the City, any change in unit prices
would likewise need to be agreed upon by the City. Change Order #3R.3 includes twenty -two (22)
additional days to be added into the contract due to unexpected utilities conflicts, rework due to correction
of discrepancies in the design plans, and weather delays
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01/12/2021
With current in-place road building materials at or exceeding the original bid quantities, the Contractor
halted further road reconstruction work where new road building materials had to be purchased. On
November 13, 2020, the County’s project manager issued Work Directive #13R for the Contractor to
resume road reconstruction work in accordance with the contract documents and bid plans.
Exhibit H: General Terms and Conditions Paragraph 10.3 of the Agreement states the following:
“If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written
Work Directive Change. In that event, the Contract Amount and Contract Time shall be
adjusted as directed by Owner.”
Accordingly, staff is seeking Board approval of this unilateral Change Order #3R.3 to allow the
Contractor to invoice for the changes specified in Change Order #3R.3, which is co nsistent with staff’s
Work Directive directing the Contractor to continue to provide work and materials, so as to avoid
additional construction delays and negate the Contractor from contending that its delay in performing is a
result of the County not paying for materials/work that the County directed be provided, and which is
accompanied by the proper substantiating documentation of work completed and materials installed.
FISCAL IMPACT: This change will not result in a cost increase to Agreement No. 18 -7322. The
funding amount of $374,149.77, as identified in Change Order #3R.3, is available within Project 60142
existing contingencies funding. Sources of funding for this project include General Fund transfers,
Unincorporated General Fund transfers and a South Florida Water Management District grant.
GROWTH MANAGEMENT IMPACT: There is no growth impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve unilateral Change Order #3R.3 to Agreement No. 18-7322 with
WPM-Southern, LLC utilizing available contingencies funding within the Project to adjust quantities of
materials needed to complete construction of the Project, which is consistent with Staff’s Work Directive
to the Contractor, and authorize the Chair to sign the attached Change Order #3R.3 in the amount of
$374,149.77.
Prepared By: Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project
Planning, Impact Fees and Program Management Division
ATTACHMENT(S)
1. Change Order 3R3 (PDF)
2. CO#3R.3 - QGM Spreadsheet for Quantity Adjustments (20201215) (PDF)
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01/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.31
Doc ID: 14560
Item Summary: Recommendation to approve unilateral Change Order 3R.3 to Agreement No. 18-
7322, “West Goodlette Frank Road Area Joint Stormwater-Sewer Project” with WPM-Southern, LLC in
the amount of $374,149.77 utilizing the project’s available contingencies funding. (Project 60142.3)
Meeting Date: 01/12/2021
Prepared by:
Title: Project Manager, Principal – Capital Project Planning, Impact Fees, and Program Management
Name: Robert Wiley
12/29/2020 1:53 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
12/29/2020 1:53 PM
Approved By:
Review:
Growth Management Department Lisa Abatemarco Additional Reviewer Completed 12/29/2020 2:00 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/29/2020 2:00 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 12/29/2020 2:26 PM
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 12/29/2020 4:37 PM
Procurement Services Catherine Bigelow Additional Reviewer Completed 12/30/2020 7:41 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/30/2020 8:46 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/30/2020 9:49 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 12/30/2020 9:52 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/30/2020 11:29 AM
Grants Valerie Fleming Level 2 Grants Review Completed 12/30/2020 2:10 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/31/2020 8:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/31/2020 9:04 AM
Grants Therese Stanley Additional Reviewer Completed 01/04/2021 9:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/04/2021 11:16 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/04/2021 11:40 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM
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Procurement Services
Change Order Form
181 Contract Modification 0 Work Order Modification □Amendment
C 7"1 Change #: I / � Project#: I ., ontract #: I .. I Purchase Order#: I ., I 60142.3 18-7322 3R.3 4500192501
C ontractor/Firm Name: I WPM-Southern, LLC , I Contract/Project: West Goodlette-Frank Road Area Joint Stormwater-Sewer Project
p roject Manager Name:I Robert Wiley I Division Name: Capital Project Planning, Impact Fees and Program Manaoement
Original Contract/Work Order Amount $ 6,715,239.00 ' 7-10-18; 11.G Original BCC Approval Date: Agenda Item #
Current BCC Approved Amount $ 6,715,239.00 ...Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount $ 6,715,239.00 SAP Contract Expiration Date {Master)
Dollar Amount of this Change $ 0.00 0.00% Total Change from Original Amount
Revised Contract/Work Order Total I $ 6,715,239.00 I 0.00% Change from Current BCC Approved Amount
Cumulative Changes I $0.00 I 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change and Rationale for the Change .
I
Notice to Proceed! 11-26-18 ,,,-I Original 111-25-20 'I Last Approved I 02-09-21 ...... , Revised Date I 3-3-21Date ::· ======::::==::· Completion Date .... ____ _._ Date .... ____ _._ (Includes this change) . 1
# of Days Added I 22 7 I Select Tasks O Add new task(s) 0 Delete task(s) 0 Change task(s) 181 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.
1.This Change Order #3R.3 addresses changes incurred during construction for: [see the attached spreadsheet from the engineering
design firm, Q. Grady Minor]
•increases the quantity of concrete, asphalt, and brick paver driveway restorations,
•decreases the quantity of decorative concrete driveway restorations,
•increases the quantity of road restoration stabilized subgrade, limerock base, and asphalt,
•increases the quantity of 15" perforated high density polyethylene pipe {HOPE),
•returns the quantity of 24" perforated HOPE back to the original amount,
•increases the quantity of 18" HOPE pipe,
•decreases the quantity of 24" and 36" HOPE pipe,
•decreases the quantity of 18", 24", 30" and 36" reinforced concrete pipe {RCP),
•decreases the quantity of Type C and Type E ditch bottom inlets,
•increases the quantity of lnline Yard Drains and Type X Yard Drains,
•decreases the quantity of J-Bottom inlet structures,
•decreases the number of connections to existing stormwater structures, and
•decreases the number of connections of existing storm pipe to new stormwater structures.
•Adds twenty-two (22) days to the contract time
/
This Change Order #3R.3 is to authorize the use of existing Contingencies funding in the amount of $374,149.77 that is available within
the contract for this work. Change Order #3R.3 also adds 22 days to the contract time to account for weather delays and additional
unanticipated conditions and infrastructure conflicts discovered during construction.
2.This Change Order #3R.3 is necessitated by changed conditions encountered by the Contractor that were not reflected in the
construction plans available at the time of the original contract, and by discrepancies discovered between the plans and the bid form.
3.If this Change Order #3R.3 is not processed the increases to quantities will not be available for the contractor to bill against as
construction work progresses, and the work will not be completed within the allotted contract time.
Prepared by: -�����.L:'j���:_------=----------------Robert Wiley, Principal oject Manager, Stormwater Mgmt. Section
Capital Project Plan · g, Impact Fees and Program Management Division
Revised: 10/28/2014 (Divisions who may require additional signatures may include on separate sheet.)
Date: 12-15-20
PROCUREMENT USE ONLY
Admin BCC BCC ES Rpt
16.A.31.a
Packet Pg. 1155 Attachment: Change Order 3R3 (14560 : Change Order #3R.3 with WPM-Southern, LLC for West Goodlette Frank Joint Project)
Approved by: ____ (} __ IJ/J_II.....,..," A-�.__ _____________________ _Amy P�onoirector
Capital Project Planning, Impact Fees nd Program Management Division
Thaddeus Cohen, Department Head
Growth Management Department
Date: Id /18 /4oo2 o
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 I Vendor/ Consultant/
Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by:-------------------------------William Leoni,
WPM-Sou
Just' Frederiksen, Vice President
Q.ady Minor and Associates, P.A.
Approved by: Schneebe r ge r S a ra
(Procurement Professional)
ATTEST CRYSTAL K. KINZEL, CLERK
BY: ______ _
Approved as to form and legality
Scott R. Teach, D�ruty County Attorney
Digitally signed by SchneebergerSara
Date: 2020.12.23 12:02:31 -05'00'
Revised: 10/28/2014 (Divisions who may require additional signatures may include on separate sheet.)
Date: ______ _
Date: ______ _
Date: ______ _
PROCUREMENT USE ONLY
Admin ace
Rpt BCC ES
Board of County Commissioners
Collier County, Florida
By: _______________________
, Chairman
16.A.31.a
Packet Pg. 1156 Attachment: Change Order 3R3 (14560 : Change Order #3R.3 with WPM-Southern, LLC for West Goodlette Frank Joint Project)
West Goodlette-Frank Road / Gulf Acres and Rosemary Heights Area
Joint Stormwater Sewer Improvements Project
CC Project No.: 60142.2
Change Order No. 3R.3
Q. Grady Minor & Associates, P.A.
3800 Via Del Ray
Bonita Springs, FL 34134
ITEM
NO.DESCRIPTION ORIGINAL BID
QUANTITY
UPDATED BID
QUANTITY
(CO#1)
UNIT UNIT PRICE
CURRENT
CONTRACT
AMOUNT
(thru CO#1)
REVISED BID
QUANTITY
(CO#3)
REVISED AMOUNT
DEVIATION FROM
BID or UPDATED
QTY.
ADJUSTMENT AMOUNT
for CO#3 REASON FOR QUANTITY INCREASE/DECREASE
Percent
Difference
from Original
to CO#3R.3
Red Text
Identifies
Updated
Quantities in
CO#1
Section 1 Unit
Prices Reflect
the 50/50 Cost
Split
Red Cells are
Increases
and Blue
Cells are
Reductions
1.5 Remove, Dispose, and Replace Driveway
a.Concrete 6,600 SY $26.00 $171,600.00 8,000 $208,000.00 1,400 $36,400.00 Quantity adjustment by design consultant 21%
b.Decorative Concrete 1,000 SY $49.50 $49,500.00 350 $17,325.00 (650)($32,175.00)Quantity adjustment by design consultant -65%
c.Asphalt 1,200 1,666.67 SY $39.00 $65,000.13 5,820 $226,980.00 4,153.33 $161,979.87 Quantity adjustment by design consultant 385%
d.Brick Pavers 1,600 SY $46.50 $74,400.00 1,610 $74,865.00 10 $465.00 Quantity adjustment by design consultant 1%
1.7 Road Restoration - Stabilized Subgrade 35,000 SY $3.50 $122,500.00 53,583 $187,540.50 18,583 $65,040.50 Quantity adjustment by design consultant 53%
1.8 Road Restoration - Limerock Base (6-inch Limerock Base)30,000 SY $5.775 $173,250.00 45,096 $260,429.40 15,096 $87,179.40 Quantity adjustment by design consultant 50%
1.9 Road Restoration - 2-1/2" Asphalt (Two Lifts)29,000 SY $7.00 $203,000.00 41,380 $289,660.00 12,380 $86,660.00 Quantity adjustment by design consultant 43%
Section 1 Cost Adjustments for CO#3 $405,549.77
4.1 15-inch Perforated HDPE Pipe 2,750 4,900 LF $61.00 $298,900.00 5,950 362,950.00 1,050 $64,050.00 Quantity adjustment by design consultant 116%
4.3 24-inch Perforated HDPE Pipe 3,500 3,200 LF $78.00 $249,600.00 3,500 273,000.00 300 $23,400.00 Quantity adjustment by design consultant 0%
4.4 HDPE Pipe
b.18-inch 1,000 750 LF $68.00 $51,000.00 780 53,040.00 30 $2,040.00 -22%
c.24-inch 3,000 LF $80.00 $240,000.00 2,550 204,000.00 (450)($36,000.00)Quantity adjustment by design consultant -15%
e.36-inch 800 1,050 LF $102.00 $107,100.00 980 99,960.00 (70)($7,140.00)Quantity adjustment by design consultant 23%
4.5 RCP
b.18-inch 400 250 LF $75.00 $18,750.00 200 15,000.00 (50)($3,750.00)Quantity adjustment by design consultant -50%
c.24-inch 750 LF $88.00 $66,000.00 600 52,800.00 (150)($13,200.00)Quantity adjustment by design consultant -20%
d.30-inch 450 LF $105.00 $47,250.00 200 21,000.00 (250)($26,250.00)Quantity adjustment by design consultant -56%
e.36-inch 500 400 LF $125.00 $50,000.00 350 43,750.00 (50)($6,250.00)Quantity adjustment by design consultant -30%
4.7 Catch Basins
a.Ditch Bottom Inlet Type C 146 EA $2,100.00 $306,600.00 131 275,100.00 (15)($31,500.00)Quantity adjustment by design consultant -10%
b.Ditch Bottom Inlet Type E 32 EA $3,500.00 $112,000.00 28 98,000.00 (4)($14,000.00)Quantity adjustment by design consultant -13%
4.10 Inline Yard Drain (LD)196 EA $1,200.00 $235,200.00 198 237,600.00 2 $2,400.00 Quantity adjustment by design consultant 1%
4.11 Type X Yard Drain (YD)72 EA $1,600.00 $115,200.00 95 152,000.00 23 $36,800.00 Quantity adjustment by design consultant 32%
4.13 J-Bottom
a.5'x 5' Modified Top 12 EA $3,800.00 $45,600.00 9 34,200.00 (3)($11,400.00)Quantity adjustment by design consultant -25%
4.14 Connection to Existing Storm Structure 4 EA $2,800.00 $11,200.00 2 5,600.00 (2)($5,600.00)Quantity adjustment by design consultant -50%
4.15 Connection of Existing Storm Pipe to New Storm Structure 4 EA $2,500.00 $10,000.00 2 5,000.00 (2)($5,000.00)Quantity adjustment by design consultant -50%
Section 4 Cost Adjustments for CO#3 ($31,400.00)
Amount Needed from Collier County Contingencies $374,149.77
$374,149.77
Collier County Stormwater Contingencies Calculations CO#1 CO#2 CO#3
Available Contract Contingencies $519,562.00 $449,771.87 $449,771.87
CO Draw $69,790.13 $0.00 $374,149.77
Remaining Contingencies $449,771.87 $449,771.87 $75,622.10
SECTION 1: GENERAL (CITY OF NAPLES/COLLIER COUNTY)
SECTION 4: STORMWATER SYSTEM (COLLIER COUNTY)
Total CO#3 Draw from Contingencies Due to Adjustments to Quantities
16.A.31.b
Packet Pg. 1157 Attachment: CO#3R.3 - QGM Spreadsheet for Quantity Adjustments (20201215) (14560 : Change Order