Agenda 06/14/2016 Item #16A 6 6/14/2016 16.A.6.
EXECUTIVE SUMMARY
Recommendation to authorize a budget amendment to recognize revenue and transfer funding for
projects within Transportation Capital Fund(313)in the amount of$30,072,Project 60172.
OBJECTIVE: For the Board of County Commissioners (Board) to authorize a budget amendment to
recognize revenue for Funded Program 60172, also known as Traffic Signals, within the Transportation
Supported Gas Tax Fund(313).
CONSIDERATIONS: On April 16, 2015, the County issued a Notice to Proceed to OnPower Services,
LLC, to provide material acquisition for the traffic signal upgrade at Golden Gate Parkway and 44th
Street SW. On June 15, 2015, the County issued a second Notice to Proceed to OnPower to begin the
construction. The project was to convert the existing traffic signal from a span wire system to a steel mast
arm system. On September 22, 2015,OnPower requested a time extension of 24 days to deal with utilities
that had been discovered during drill shafts construction. As a result of this request, the original
substantial completion and final completion dates of the project were moved out to October 22,2015,and
November 6,2015,respectively. On October 23,2015,assessment of Liquidated Damages(LD)began,as
OnPower failed to meet substantial completion by the due date. LDs were assessed for 28 days until
November 19, 2015 at the rate of$1074.00 per day. The traffic signal went into operation on December
1st, 2015, and after final inspections, the project was deemed to be complete and a notice of acceptance
was given to the contractor on December 4, 2015. The payment for liquidated damages was deducted
from the final payment application for On Power Services,LLC.
FISCAL IMPACT: A budget amendment is required to recognize the revenue and appropriate it into the
operating budget of Project 60172 in the amount of$30,072 within the Transportation Supported Gas Tax
Fund(313).
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. I am advised
that the contractor agreed to the liquidated damages and that there is no existing dispute with respect to
this matter. Accordingly, this item is approved as to form and legality, requiring majority vote for Board
approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: To recognize funds in the amount of $30,072, and authorize the necessary
budget amendment.
Prepared by: Marlene Messam, Principal Project Manager, Traffic Operations Division, Growth
Management Department.
Attachment:
1) Final Payment Application
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6/14/2016 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to authorize a budget amendment to recognize
revenue and transfer funding for projects within Transportation Capital Fund (313) in the
amount of$30,072, Project 60172.
Meeting Date: 6/14/2016
Prepared By
Name:MessamMarlene
Title:Project Manager,Principal,Traffic Operations
5/3/2016 10:14:27 AM
Submitted by
Title:Project Manager,Principal,Traffic Operations
Name:MessamMarlene
5/3/2016 10:14:28 AM
Approved By
Name:NauthRookmin
Title:Management/Budget Analyst,Capital Construction&Maintenance Budget/Fiscal
Date: 5/4/2016 11:27:08 AM
Name: AhmadJay
Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 5/4/2016 1:10:52 PM
Name: KhawajaAnthony
Title: Chief Engineer-Traffic Operations,Traffic Operations
Date: 5/4/2016 4:28:43 PM
Name: MarkiewiczJoanne
Title:Division Director-Procurement Services,Procurement Services
Date: 5/6/2016 2:45:12 PM
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6/14/2016 16.A.6.
Name: HerreraSandra
Title:Manager-Procurement,Procurement Services
Date: 5/9/2016 8:20:22 AM
Name: ShueGene
Title:Division Director-Operations Support, Growth Management Department
Date: 5/12/2016 10:50:49 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 5/16/2016 4:51:40 PM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 5/16/2016 7:58:39 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 5/17/2016 8:01:45 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 5/17/2016 2:32:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/17/2016 4:06:07 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior,Office of Management&Budget
Date: 5/24/2016 3:56:16 PM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 5/31/2016 5:25:23 PM
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. 6/14/2016 16.A.6.
IR'-'!"1-':'VED
500k0-)--t (cAC•1 tA 2016
-ra- m''' ' it
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
avIl n 01 I(.e_r (County Project Manager) Bid No. .15 .. (, 3 i`-f
Sr-1,0 ' Li`h-/;nc O rczh MS (County Department) Project No. (,o II' .L
z.
Collier County Board of County Commissioners(the OWNER)or Purchase Order No. Ll5`?O 1 S 2 5`-f
Collier County Water-Sewer District(the OWNER) Application Date 3- *.l- I t,
FROM: Dauet V 'c- ,•(-ire- (Contractor's Representative) Payment Application No. F///41---
4 n
.On Fo Wee" Serifrres l&c_ (Contractor's Name) for Work accomol•sheed through the Date:
14^g., Tran til vdt (Contractor's Address)
rte, my eS, FL. 3396I
RE: (r-vide. 6a fir_ PKI.,.)/ ,(I, Y`1''`" S•(. Su.) !rztj t Scgr11.( ( e do.{es (Project Name)
Original Contract Time: Original Contract Price: $ 2V7 39 1 35
Revised Contract Time: Total Change Orders to Date $ to
Revised Contract Amount $,2 9 1 39 1,75-
Total
•7STotal value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $.21'7 39 I, 'd';
Retainage @ %after [insert date) $ •- Less Retainage $
Total Earned Less Retainage $2;`7 6s-2 41
Less previous payment(s) $ l iii-S'ti-.47
Percent Work completed to Date: tars % AMOUNT DUE THIS L.b .30. O"7 z.oct
Percent Contract Time completed to Date % APPLICATION: $ .sq ,-7£111, 3
Liquidated Damages to be Accrued $ Remaining Contract Balance $ '`
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said.Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due;and (4)CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTORn ) bite-e r e- S.ei C.'es 1-)J. • (Contractor's Name)
:`
t \-,-----.--___-_,, 1 (Signature) DATE: 3 2 y-it.
;1, • ►/nc..('-�, 1 rt. (/la_ eros telt" (-- (Type Name&Title)
(shall b- signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional: (DP's Name)
(Signature)DATE:
(Type Name&Title) .
Payment to the CONTRACTOR for the above AMOUNT DUE-THIS APPLICATION is approved:
Of 2 (Signature) DATE: 3` Z. t G.
O R'S ProP-ct Manage ..__.___ ( g )
.c 3t . . A t (Type Name and Title)
I WI& s3P 5 4.,_
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6/14/2016 16.A.6.
EXHIBIT C. RELEASE AND AFFIDAMFORM
COUNTY OF COLLIER )
STATE Of FLORIDA )
Before me, the undersigned authority, personally appeared 7uc� ys i
who after being duly sworn,deposes and says:
( �fI
(1) Jo accordance with the Contract Documents and in consideration of $ ?l "] 7/ 3
ci aid
Ole s ui,Pr er vkC .S. ..l i.L ("Contractor") releases and waives for itself and,IIts subcontractors,,
material-then,successors and assigns,all claims demands,damages,costs and expenses,whether In contract or in tort,
against the Board,,pf County Commissioners of Collier,'ounty, Florida reiating in
any way to the performance of the
Agreement •bet+ een Contractor and Owner dated ()larch;?ef• a0;< ,
RCM I I- 1-I S to /(--2 r -I S , excluding_ali-ret ine age_witl�hel4 andor anythe pendinglod c aimsoor
disputes as expressly specified as follows:
(2) Contractor certifies for Itself and Its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed,have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to Indemnify,defend and save harmless Owner from
all demands or sults, actions, claims of lions or other charges filed or asserted against.the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit. •• •
(4) This Release and Aff( avit is given in connection with Contractor's (month(/final, ,pplication for Payment No.
r1 til o•e✓tsact c- r�0.q
CONTRACTOR
O?,22.1iCCt3 E.?` SerV/(es LL
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g.s (�Oat � ITS; . ,Y \�,L is • President
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Witnesses ct c DATE; 3 - 16
STATE OF Fry,,,ren
COUNTY OF L t,..e...
•
The foregoing Instrument was acknowledged before me tlyis'�u h
Gore Plc Instrument ��-�day of �V-1-411 : ,209 ,by I
2 '7z _: ,as,frica rxslria,,,.T•• of 4m /2f7c1INScrviCfs >;.1.C.
(✓'1.-1 toter cofporation,on behalf of the corporation. she is ers ala
i> oia ly krto►vn to nip or has produced
---- _as identification and dJ t(did not)take an oath.
My Commission Expires: Air-�tt�IV. /A `]3a4&. •
(Signature of Notary) •
NAME: ret-t4 Bs/'ke (1-, I
(Legibly Printed) r
(AFFIX OFFICIAL SEAL) Notary Public,State of r/r^1cCq
Commissioner Na,;
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CO' CT County
GROWTH MANAGEMENT DEPARTMENT
TRANSPORTATION ENGINEERING DIVISION
2885 South Horseshoe Drive
Naples, FL 34104
INTEROFFICE MEMORANDUM
,
TO: Finance
>f,
DATE: March 25,2016
FROM: John W. Miller,Prof6ct Manager,Traffic Operations
SUBJECT: 15-6394 Golden Gate Parkway at 44th Street SW Traffic Signal Upgrade
The Traffic Sinai Upgrade Project 15-6394 Golden Gate Parkway at 44th Street SW has been
completed per the contract specifications and accepted by Traffic Operations on February 19,
2016, according to Section 5G — Contract Time and Liquidated Damages, Final Acceptance by
Owner.
Preliminary and Final Inspections regardless of the date that they were conducted were included
as a part of this project and no additional costs were incurred.
No damages will be charged to OnPower Services for the late completion of project.
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6/14/2016 16.A.6.
CONSENT OF OWNER
SURETY COMPANY ARCHITECT
TO FINAL PAYMENT CONTRACTOR
AIA DOCIMENT 0707 SURETY
OTHER
Bond:SSB431780
TO(OWNER) ARCHITECTS PROJECT NO;
(Name and Address)
• The Board of County Commissioners of Collier County
3327 Tflrni;#mi Trail E.
Naples,FL 34112
CONTRACT FOR:
CONTRACT DATE: 3/24/2015
PROJECT:
(Name and Address) •
Golden Gate Parkway at 441i1 Street SW Traffic Signal Upgrades
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the
(here Insert name and address ofSurety Company)
RLI Insurance Company •
9100 South Hills Blvd
Broadview Heights,011 44147 ,SURETY COMPANY,
on bond of
(here Insert tame and address of Contractor)
ONPOWER SERVICES,LLC
7676 Jean Blvd.
Port Myers,PL 33965 ,CONTRACTOR,
hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve
the Surety Company of any of its obligations to
(here insert name and address of Owner)
The Board of County Commissioners of Collier County
3327 Tamiarni Trail E,
Naples,FL 34112 ,OWNER,
as set forth in the said Surety Company's bond.
•
IN WITNESS WHEREOF,
the Surety Company.has hereunto set its hand this March 17,2016
•
•
RLI Insurance Company
Surety Company
Attestr .► JC
Seiil
Signature o Art +rized Representative
Angelo G.Zer : attorney-in-Fact
AIA DOCUMENT 0707 * CONSENT OP SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AGA® ONE PAGE
0 TI IE AMERICAN INSTITUTE OP ARCHITECTS,1733 NEW YORK AVE.,NW
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6/14/2016 16.A.6.
RLI® chicPOWER OF ATTORNEY
an IM Comyeny RLI Insurance Company
9025 N.Lindbergh Dr.I Peoria,IL 1615 Contractors Bondingp and Insurance Company
Phone:(800)645.24021 Pax:(309)66 89-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company,required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations(as applicable),each
authorized and licensed to do business in all states and the District of Columbia do hereby Make,constitute and appoint:
Angelo G.Zervos,Gus E.Zervos,Donald W.Burden,Veronda D.Gordon,jointly or severally
in the City of Southfield ,State of Michigan ,as Attorney in Fact,with fill power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings,and recognizanccs in an amount not to exceed Ten Million Dollars
( S10,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a lme and exact copy of the Resolution adopted by the Board of Directors ofeach such corporation,and now in force,to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 22nd day of pebnuaty,2016,
`„uA' ,n,,, „µ,Nun Ulyp, RLI Insurance Company
9'�ypo'\o•,Qven, ...?'.=. yy��yy' eon,, Contractors Bonding and Insurance Company
,r "f/ii
._rfi.V.: ltd: oo_ ''roe' '
sr ,i,;8 } : SEAL 1 - /(//:?3-2
Stato of Illinois %�',' ° '.,, •' Barton W.Davis Vice President
County of Peoria 111
. SS °'',,,,Bitola,,�,'� ,,1.1.IH a°
CERTIFICATE
On this 22nd day of February , 2016 , 1, the undersigned officer of RU Insurance Company, and/or
before me,a Notary Public,personally appeared I erten W,Davis , Contractors Bonding and Insurance Company, each Illinois
who being by me duly sworn,acknowledged that he signed the above Power corporations,do hereby certify that the attached Power of Attorney is
of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full:force and effect and is irrevocable;and furthermore, that the
Contractors Bonding and Insurance Company, and acknowledged said IttsbIutiori of the Company as set forth in the Power of Attorney,is
instrument to be the voluntary act and deed of said corporation, now in ftirce:'.In testimony whereof,I have hereunto set my hand and
, the seal...or the RLI Insurance Company and/or Contractors
Bounding and insurance Company this 17 tit day of March ,
2n
,„ >6
2,2, 1:IU ltnsuranco Company
Jacqu:ire M.Deckle Notary Public' Contractors on ung and Ins trance Company
[ e 1
it›..4 'OFFICIAL SEAL" T3atton W.Davis Vice President
su#aCO
JAUElINE M.BOCKIER 1
""4 COMMISSION EXP1RE801r14us i
T!•••r
■••+7Mrr•n•T.CS1<.CLx 21fl5470202t2 A0059115
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6/14/2016 16.A.6.
`EXHIBIT G: FINAL PAYMENT GHE C{�
•
/ ../*
Bid (~J��+ �� Qd 95ctpi B 6—y
Project No.: Date: 63-2%2j33'2 Gi(o
Contractor:
The following items have been secured by the QaCG of C0/1 Ler CouH
for the Project known as (yQ t4. , 6-0-4 %k-u�
s-1 y y,-t s .sty!
and have been reviewed and found to comply with the requirements of the Contract Documents
Original Contract Amount: 42611 39 I.VS-
Commencement Date: Final Contract Amount: 7 3c)1. 5
to
Substantial Completion Time as set forth in the Agreement{ f 6 S
Actual Date of Substantial Completion: t t-A0-tS Calendar Days.
Final Completion Time as set forth in the A reemanl:
Actual Final Completion Date: I t-. (:>-t" (ZU Calendar Days.
YES NO
`..---- 1. All Punch List items completed on^ .2- 11- 1.1;
2. Warranties and Guarantees assigned to Owner(attach to this form). A/
A.Effective date of General one year my from Contractor is: '
4, 2 copies of Operation and Maintenance manuals for equipment and
r...---- system submitted(list manuals in attachment to this form).
. "_ . 5. As-Built drawings obtained and dated: Z-I_ ?r r�
• 6. Owner personnel trained on system and equipment operation.N'fi-
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment.Application and Affidavits received fromContractor on:
............c ______ 10. Consent of Surety received on 3- t _ i{,
--✓ 11. Operating Department personnel notified Project is in operating phase.
• 12. All Spare Parts or Special Tools provided to Owner: j'1
13. Finished Floor Elevation Certificate provided to Owner: ./k//4
14. Other: A14
If any of the above is not applicable, Indicate by N/A. If NO is checked for any of the above,attach •
explanation.
Acknowledgments:
By Contractor: -,r--ti - S.ery ices L.Lc. (Company Name)
�•itq''�'"% -
_ (Signature) _ i
— l c2n.1-yre.. (rice- &es'I aen f' . (Typed Name&Title)
By Design
Professional: 1 3.
(Firm Name)
(Signature)
By Owner: � ��� (Typed Name&Title)
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Packet Page-127-