Backup Documents 01/22/2019 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP V
i L
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 C 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office a-d
4. BCC Office Board of County
Commissioners WA/ \\25A\c\
\
5. Minutes and Records Clerk of Court's Office i1�1 q 7;59
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Department m�/• 439 -15.) f9a 13
Agenda Date Item was Agenda Item Number
Approved by the BCC I a. 1 q ' (6G_ 2—
Type of Documentk Number of Original
Attached Acvvitdo1Z Documents Attached
PO number or account
number if document is \\
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SIVAA A j)4.
2. Does the document need to be sent to another agency for additional signatures? If yes, I
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. Al I'
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N I#
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. 1 C_
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. 1
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved bythe BCC on changesduring 'ls;
pp //gall/9' and all made �s
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
Ped Se- ,Qt1d c c TO i h r 1
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16C2
MEMORANDUM
Date: January 29, 2019
To: Tom Chmelik, Project Manager
Public Utilities Engineering
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: 1st Amendment to Construction Agreement #16-6638
Attached is a scanned copy of the agreement referenced above, (Item #16C2)
approved by the Board of County Commissioners on Tuesday, January 22, 2019.
The original document will be held in the Minutes and Records Department
as part of the Board's Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16C2
FIRST AMENDMENT TO CONSTRUCTION AGREEMENT No. 16-6638
FOR VANDERBILT DRIVE CUL-DE-SACS
THIS AMENDMENT, made and entered into on this 22nd day of January 2019, by and
between Mitchell & Stark Construction, Co., Inc. (the "Contractor") and Collier County, a political
subdivision of the State of Florida, (the "County"):
WHEREAS,on July 12,2016(Agenda Item 11D),the County entered into Agreement No.
16-6638 with the Contractor to perform the Vanderbilt Drive Cul-de-sacs Project,which includes the
replacement of water,wastewater and stormwater infrastructure; and
WHEREAS,Hurricane Irma caused significant impacts to County infrastructure along the
west side of Vanderbilt Drive resulting in specific harm to three (3) locations, along Phase 4B of the
Project(along Vanderbilt Drive between 101 105''Avenue Avenue N. and N.), where the road and
sidewalk were washed out, leaving stormwater outfall and other utilities exposed and damaged (See
Attached Exhibit"A"); and
WHEREAS,the erosion damage caused by the washout at each of those three(3)locations
along Phase 4B resulted in some degree of seawall failure, immediately adjacent to the Contractor's
on-going installation of new water,wastewater and stormwater infrastructure for the County;and
WHEREAS,the County authorized a Work Order to a different contractor on July 10,2018
(Agenda Item I6A.18), to remediate the washout damage caused by Hurricane Irma such that the
Contractor could recommence its work on the Vanderbilt Drive Cul-de-sacs Project;and
WHEREAS, the Parties acknowledge that notwithstanding the completed remediation
repairs,there is still some element of risk in finishing the remaining underground work required by the
Contractor under Agreement No. 16-6638;and
WHEREAS, the Parties wish to amend the Agreement to provide for a limited release of
liability for the Contractor's work associated with damage that may directly result from the movement
of soils in the immediate areas along the Phase 4B area of the Project as more completely set forth
below.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. County and the Contractor agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "whereas clauses" by reference into this Amendment to Agreement No. 16-
6638.
1
16C2
2. Article 13. Indemnification and Insurance of Agreement No. 16-6638 is amended and
revised to include the following:
* * * *
13.4 Limited Release of Liability
The Contractor and the County acknowledge that Hurricane Irma's impact caused
significant damage to the County's infrastructure along the west side of Vanderbilt
Drive. Specifically,there were three(3)locations in Phase 4B of the Project where the
road and sidewalk experienced wash-out that left stormwater infrastructure and other
utilities exposed and damaged,which also resulted in some degree of seawall failure in
those areas. See attached Exhibit"A," showing the three (3) affected areas circled in
Phase 4B.
Quality Enterprises USA, Inc. completed repairs on the Vanderbilt Drive Stormwater
Outfalls Recovery Project to stabilize the damage resulting from the wash-out caused
by Hurricane Irma. Notwithstanding those repairs, the Contractor asserts it can make
no guarantee that those repairs can withstand the remaining work the Contractor
contracted to perform on the Vanderbilt Drive Cul-de-sacs Public Utilities Renewal
Project prior to Hurricane Irma.
Limited to the specific Phase 4B wash-out areas identified in attached Exhibit "A,"
Contractor and County agree that the Contractor will not be responsible for damages
reasonably and directly resulting and attributable to the movement of soils to:sea walls,
utilities, and public/private improvements within the immediate vicinity of those
affected areas in Phase 4B of the Project identified on Exhibit"A."
3. The Contractor's indemnification of the County as set forth in Section 13 of the General
Terms and Conditions of the Construction Agreement, including the related insurance obligation,shall
otherwise remain in full force and effect and in accordance with Florida law, without limitation.
4. Except as set forth in this Amendment,the Construction Agreement shall remain in full
force and effect.
5. Contractor shall adhere to the schedule for completion of the Project as revised by the
Parties in the latest version of the schedule dated December 6,2018.
2
CAt)
•
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IN WITNESS WHEREOF,the Parties hereto,have each executed this Amendment by an
authorized person or agent on the date and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Courts& BOARD OF COUNTY COMMISSIONERS
Comptroller COLLIER COUNTY, FLORIDA
By( e)-: A
du j1/430s_ _..0,0,4‘.Q.4,‘.. Z... ,.. ! , AlIP
Dated: t I -1 W. ,. McDaniel,T.,
'll{.;, �-'I' Ch'irman
(SEAL) ALte t as to ckairman's
emn-ati;ro elrii
CONTRACTOR's Witnesses: CONTRACTOR:
Mitchel tark Co stru ,n Co.,Inc.
r
irst Witness Signature
M;.e(t ees1v e.- 00,•-1,of C. c /l-GiwQa '.1P
TType/. '' itn s namel TType/print signature and titlet
Second e' ess /-/O ,/`l
Date
/-/G vI d� -
TType/print witness amel
App .ved a to Form ., • e: lity
Mry t! my Attorney
- cat---k- ---k41--
Print Name
3
5
16C2
EXHIBIT A
CAv'
VANDERBILT DRIVE CUL-DE-SACS PUBLIC UTILITIES RENEWAL PROJECT
PHASING PLAN I JANUARY 03, 2019
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