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Agenda 07/27/2010 Item #16D11Agenda Item No. 16D11 July 27, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board terminate the contract with White General Constructors Inc., Bid #08 -5114, for Naples Station Museum Phase III Restoration. OBJECTIVE: To ensure the Naples Depot is restored in a timely manner as specified in the contract and suitable for operation as a branch of the Collier County Museum. CONSIDERATIONS: 1. The Board of County Commissioners awarded contract #08 -5114, Naples Station Museum Phase III, to White General Constructors, Inc. on May 6, 2009 with a final completion date of January 26, 2010. The completion date of the contract has been extended to April 30, 2010. 2. During the course of the project several problems began to arise with White Construction: 1) poor workmanship; 2) incomplete paperwork submissions; 3) lack of supervision; 4) failure to remain on schedule; 5) failure to protect Museum property: and 6) noncompliance with contract specifications. 3. On May 13, 2010, the Collier County Purchasing staff convened a meeting with Museum staff, BSSW Architects, and White General Constructors to discuss all the issues concerning the project. As a result of the meeting, Mr. White was to provide County staff with a plan and time schedule to correct all the deficiencies. Mr. White sent County staff an e-mail on May 19th requesting until June 15 to complete the project at the Naples Depot, followed by an e-mail on June 1st requesting an additional 5 days due to the extensive work required to repair the outside doors. This equates to a project completion date of June 20, 2010. 4. On June 2 "d the Collier County Purchasing Department sent Mr. White a cure notice via e-mail informing him that his firm has failed to: 1) provide an updated schedule with the project's critical path, 2) provide a Release and Affidavit certifying that all subcontractors and suppliers have been paid, and 3) submit the required specifications for the substitute materials used during the project and the reasons why these are equivalent to those specified on the plans. Mr. White was to remedy those failures by close of business on Thursday, June 10, 2010. 5. On June 9th, in response to the cure notice, Mr. White sent Museum staff an e -mail with a revised project schedule attached. According to that schedule, Mr. White was to have a walk- through of the completed project on June 18th. The schedule submitted on June 9th indicated that White Construction would prepare the wood floor for refinishing on June 7, 2010. Mr. White didn't start preparing Agenda Item No. 16D11 July 27, 2010 Page 2 of 11 - the floor until the week of June 21 and was still preparing the floor the week of June 28th. He was already behind on the day he provided Museum staff the revised schedule. On June 30th, the day Museum staff issued a Stop Work Order to Mr. White, Museum staff had still not received another revised schedule. 6. Mr. White's June 9th e-mail also stated that, "The waiver will be signed and notarized and hand delivered to Gary V. today." As of July 8, 2010 Museum staff had not received the waiver. The waiver is a notarized document affirming that all suppliers and subcontractors have been paid. 7. As of July 8, 2010, Mr. White has failed to provide the specifications and shop drawings required by the contract and demanded in the Cure Notice of June 2 "d 8. Additionally, when Museum staff issued Mr. White the stop work order on June 30th the outside doors that were supposed to be repaired were still coming apart. The construction and installation of the outside doors remains unacceptable. The wooden floor that was installed in the Northern portion of the building has scratches, gouges, and circular swirl marks from the sanding machine. The preparation of the wooden floor also remains unacceptable. 9. Additionally, Mr. White failed to protect the original 1927 terrazzo floor on which White Construction or its subcontractor spilled dark wood stain. Several attempts have been made to remove the stain, which still remains. FISCAL IMPACT: There is currently $20,562.00 remaining on the White Construction contract and, per the contract, the County is withholding 10 percent of processed payments totaling $59,285.00 for a total available amount of $79,847.00 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. (STW) RECOMMENDATION: That the Board of County Commissioners terminate the current contract with White General Constructors, Inc., authorize staff to retain the total available amount remaining of $79,847.00, and direct staff to complete the renovations at the Naples Depot using the available $79,847.00 and the bond posted by White General Constructors, Inc. Prepared by: Gary Vincent Item Number: Item Summary: Meeting Date: Agenda Item No. 16D11 July 27, 2010 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D11 Recommendation that the Board terminate the contract with White General Constructors Inc., Bid #08 -5114, for Naples Station Museum Phase III Restoration. 7/27/2010 9:00:00 AM Prepared By Gary A. Vincent Manager - Museum Date Public Services Division Museum 7/14/2010 4:20:42 PM Approved By Gary A. Vincent Manager - Museum Date Public Services Division Museum 7/8/2010 4:55 PM Approved By Ron Jamro Director - Museum Date Public Services Division Museum 7/14/2010 4:22 PM Approved By Lyn Wood Contracts Specialist Date Administrative Services Division Purchasing & General Services 7/1512010 1:50 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Division Purchasing & General Services 7/15/2010 2:56 PM Approved By Kelsey Ward Manager - Contracts Administration Date Administrative Services Division Purchasing & General Services 7/15/2010 3:49 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 7/1512010 4:32 PM Approved By Steven Williams Assistant County Attorney Date County Attorney County Attorney 711512010 4:48 PM -- Approved By Steve Carnell Director - Purchasing /General Services Date Administrative Services Division Purchasing & General Services Agenda Item No. 16D11 July 27, 2010 Page 4 of 11 7/1512010 4:53 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/16/2010 8:21 AM Approved By Jeff Klatzkow County Attorney Date 7116/2010 2:48 PM Approved By Susan Usher Management /Budget Analyst, Senior Date Office of Management & Budget Office of Management &Budget 712012010 10:34 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 7/2012010 11:07 AM Agenda Item No. 16D11 July 27, 2010 Page 5 of 11 ca ,� {city AdnitistE" SeNicets Division Purrhasing June 1, 2010 Mr. Phillip White White General Constructors, Inc. 4680 -7'h Avenue South West Naples, FL 34119 VIA Email RE: Contract # 08 -5114 "Naples Station Museum —Phase III" Dear Mr. White: It has come to my attention that your firm has failed to provide: 1. An updated schedule with the project's critical path, 2. Release and affidavit certifying that all subs and suppliers have been paid, and 3. The required specifications for the substitute materials used during the project and the reasons why these are equivalent to those specified on the plans. Your firm is in breach of contract, Exhibit H, General Terms and Conditions: Section 3: Schedule 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. Section 4: Progress Payments 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. Section 7: Submittals and Substitutions 7.3 if Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) _. to adapt the design to the proposed substitute and whether or not incorporation or use Puafiasng Depa lrTwil • 3301 Tamiarni Trail East • Naples, Fonda 34112 • vm".mllu,Kgov.net'purthasing Agenda Item No. 16D11 July 27, 2010 Page 6 of 11 Page Two Mr. Phillip White June 1, 2010 by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.5. The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. Further, your firm is in breach of contract for failing to get the written order to proceed with the changes to the work as cited below: 10. Changes in the Work 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. In addition to that, since your firm has failed to achieve Substantial Completion by March 31, 2010, as specified in Change Order #4, the County is entitled to assess liquidated damages for each calendar day until Substantial Completion is achieved. Agenda Item No. 16D11 July 27, 2010 Page 7 of 11 Page Three Mr. Phillip White June 1, 2010 Construction Agreement - Section S. Contract Time and Liquidated Damages. Section B. Should Contractor fail to achieve Substation Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two hundred dollars and forty cents ($200.40) for each calendar day thereafter until Substantial Completion is achieved. As partial remedy, please provide the documents specified in the first three (3) items above by close of business Thursday, June 10, 2010. If I do not receive the documents by that date, the County has the following remedy pursuant to Section 18.2, Termination for Default: The County may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractors subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. If you have any questions, I can be reached at 239 - 252 -8375 or dianadeleon0collieroov. net - Sincerely, Diana De Leon Contract Technician C: Gary Vincent, Project Manager, Museum EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Agenda Item No. 16D11 July 27. 2010 Page 8 of 11 Before me, the undersigned authority, personally appeared Phillip B- White of White General Constructors Inc who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ 17 550.00 paid, White General Constructors. Inc. ( "Contractor") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated May 6. 2009 , 2008 for the period from March 1 2010 to April 1. 2010 excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: None (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 suits, actions, claims of liens 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 Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. 10 CONTRACTOR White General Constructors, Inc. BY: Phillip B White ITS: President DATE: April 15. 2010 Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2010, by , as of corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ♦RFi 4 GC- CA -0 -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Agenda Item No. 16D11 July 27, 2010 Page 9 of 11 From: WHITE GENERAL CONSTRUCTOR [mailto:whitegc @embargmail.com] Sent: Wednesday, June 09, 2010 11:38 AM To: DeLeonDiana Cc: VincentGary Subject: naples train depot Attached is a revised schedule through the projected end of the job. The waiver will be signed and notorized and hand delivered to Gary V. today. Phill White Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Agenda Item No. 16D11 July 27, 2010 Page 10 of 11 ill l E (T,%EralAOvI,l;rl °rol ;s.ln!. SEQUENCE OF WORK FOR NAPLES TRAIN DEPOT RESTORATION FOR THE WEEKS OF MAY 1 THROUGH JUNE 18 2010 May 1-6: No work due to meetings to determine status of change orders and punch list completion and acceptance. May 6: Site visit with Diana DeLeon and Gary Vincent of Collier County, Dan Sommers of BSSW Architects. May 7: Work commences on verbal and written punch list items. May 10 - 15: Varied work on Punch List items. Included is the demand of Dan Sommers to remove all false door panel from their frames and create a air space all around to permit doors to breath. May 17 -21: Varied work on door panels and other punch list items. May 23- 31 Varied work on punch list items interior and exterior. Reinstalled door panels due to lack of Architects direction. All panels have 1 /8- 1/4" gaping around for expansion, contraction and breathing. Phase 11 construction documents show a different condition than Phase III documents which was noted in writing. All false door panels have been reinstalled per Phase III construction documents per .Architects direction. June 1 -4 Continue to complete Architect's and Owner's punch list items primarily exterior and interior painting and staining. June 5: Prep and install plaster patch at one door opening. Will prime and await Owner's inspection to accept or reject new patch texture. June 6: install Owner's desired flake texture on sealed concrete floor in Phase II area. Will await Owner's acceptance, rejection or remediation before final clear coat sealing. June 7: Preparation of wood floor to be refinished. June 8 -I5: Floor refinishing, completion of plaster patching around doors, exterior repainting issues including false door panel repainting and plaster patch repainting. Iliml Ih ite. Sou1611ml - aldrs. Florida :)1111 - ;'boor: -':dl :;III -21 Ili l ar. 1 -2249 Agenda Item No. 16D11 July 27. 2010 Page 11 of 11 June 16-17: Repair of the toilet partitions and final clean. June 18: Walk through with County and architects representatives.