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Agenda 05/27/2014 Item #16C7 5/27/2014 16.C.7. EXECUTIVE SUMMARY Recommendation to approve Change Orders No. 4, No. 5, and No. 6 to Contract No. 13-6026 with Poole & Kent Company of Florida in the amount of $48,489.18 for "NCRWTP Membrane Replacement and Interstage Booster Project,"Project No. 71057. OBJECTIVE: Provide the necessary time extension and change orders to Contract No. 13-6026 with Poole & Kent Company of Florida to improve the functionality of the water treatment process and provide the maximum flexibility in operations prolonging service life of the water treatment membranes. CONSIDERATIONS: On February 26, 2013, under Agenda Item 11H, the Board of County Commissioners (Board) approved Contract No. 13-6026 with Poole & Kent Company of Florida (Contractor) for replacement of 1,584 reverse osmosis (RO) membrane filter elements and installation of interstage booster pumps designed to reduce plant energy consumption on four RO water treatment skids at the North County Regional Water Treatment Plant(NCRWTP). The Contractor had fallen behind schedule in the execution of the work, completing modifications on only two of four RO skids after 95% of the contract time had expired. The contract required that four RO skids would be modified and tested, one at a time, so that the NCRWTP could continue reliable operation during peak seasonal demand. A cure notice was sent to the Contractor by Purchasing staff on February 28, 2014, which advised the Contractor that the substantial completion date had not been met, and that liquidated damages would accrue. The Contractor responded to the cure letter, the design consultant prepared supporting documentation, and Purchasing continued to coordinate resolution of these items with the goal of reaching completion of the project. Additional discussions between Purchasing. Public Utilities Division staff, the design consultant, and the Contractor culminated in a meeting on April 9, 2014, to resolve the remaining issues. In order to regain lost time, the Contractor requested that they work on two RO skids concurrently instead of sequentially. This would accelerate the remaining schedule; and it was tentatively agreed that a time extension of 59 days would be required to finish the project. While the Contractor agreed to add additional staff to accomplish this, County staff was not willing to issue the time extension until additional Contractor staff actually appeared on site and were prepared to execute the plan for reaching completion. The Water Department also needed time to determine if two RO skids could be taken out of production simultaneously and still be able to reliably meet demand. Once these issues had been addressed, the change order documentation detailed below was prepared. Through the course of construction, opportunities were discovered to improve overall system operation and functionality. The resulting revisions to the project scope and timeline are documented in Change Order Nos. 4. 5 and 6. Change Order No. 4 reflects a change in scope to revise RO skid piping to enable the skid clean cycle to flush each stage separately. This will allow plant staff the flexibility to minimize the chemical dosing needed to clean each stage of the treatment skid during a cleaning cycle. This change will result in reduced costs associated with the membrane cleaning process. since different doses of chemicals and the length and frequency of the cleaning cycle can be applied to each stage of the RO skid. The service life of each membrane will also be extended since only the minimum amount of cleaning solution will come into contact with the membranes. The cost of this change order is $20,648.18 for all four RO skids. Packet Page-871- 5/27/2014 16.C.7. Change Order No. 5 reflects a change in scope to replace valves and valve actuators for the RO skid piping. During construction, it was discovered that the operation of the existing valves and actuators were suspect and should be replaced. These valves and actuators insure that all non-conforming water is disposed of properly and not mixed with finished water. The cost of this change order is $27,841.00 for all four RO skids. Change Order No. 6 reflects a contract time extension for previous and current change order requests submitted by the Contractor. Change order requests submitted by the Contractor did not include additional requests for time; however, they reserved the right to request time extensions later when the full impact of the changes became known. Subsequently, the Contractor requested an additional 163 days for these changes. Staff and the design consultant evaluated the Contractor's request and all parties mutually agreed to a 59-day time extension. This change revises the substantial completion date to May 19, 2014, and the final completion date to June 18, 2014. Prior to the execution of these items the contract's final completion date was reached on April 20, 2014, however, issuing a time extension before performing due-diligence would have been premature, as doing so would not preserve the County's contractual right to collect liquidated damages. Pursuant to the plain language in Contract No. 1 3-6026, the agreement is only "complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete," as referenced in Section 5 of the contract. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2014 Capital Budget approved by the Board on September 19, 2013. The source of funding is Water User Fees Fund (412). The fiscal impact of Change Order No. 4 is $20,648.18; Change Order No. 5 is $27,841.00; and, Change Order No.6 is for time only, for a total of$48,489.18. The proposed changes are not expected to generate additional annual operating costs and will result in some chemical savings over the life of the membranes. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners. Ex-officio the Governing Board of the Collier County Water-Sewer District, approves Change Orders No. 4, No. 5, and No. 6 to Contract No. 13-6026 with Poole &Kent Company of Florida. Prepared By: Tom Sivert,P.E., Senior Project Manager, Public Utilities Planning&Project Management Attachments: Attachment 1: Poole &Kent Change Order 4 and Mod Form Attachment 2: Poole&Kent Change Order 5 and Mod Form Attachment 3: Poole&Kent Change Order 6 and Mod Form Attachment 4: Contract Excerpt as Referenced Packet Page -872- 5/27/2014 16.C.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.7. Item Summary: Recommendation to approve Change Orders No. 4, No. 5, and No. 6 to Contract No. 13-6026 with Poole & Kent Company of Florida in the amount of$48,489.18 for "NCRWTP Membrane Replacement and Interstage Booster Project," Project No. 71057. Meeting Date: 5/27/2014 Prepared By Name: SivertTom Title: Project Manager, Senior,Public Utilities Engineering 5/2/2014 2:02:42 PM Approved By Name: HapkeMargie Title: Recycling Coordinator, Solid Waste Date: 5/2/2014 2:37:34 PM Name: BrilhartBrenda Title: Procurement Specialist, Purchasing &General Services Date: 5/5/2014 8:21:47 AM Name: Steve Messner Title: Director-Water, Water Date: 5/5/2014 11:01:37 AM Name: Joseph Bellone Title: Director-Operations Support, Utilities Finance Operations Date: 5/8/2014 4:42:59 PM Name: ChmelikTom Title: Director-Public Utilities Engineering, Public Utilities Engineering Date: 5/9/2014 8:49:33 AM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engineering Date: 5/9/2014 9:56:02 AM Packet Page-873- 5/27/2014 16.C.7. Name: JohnsonScott Title: Procurement Specialist, Purchasing& General Services Date: 5/9/2014 11:48:57 AM Name: WardKelsey Title: Manager-Procurement,Purchasing&General Services Date: 5/9/2014 12:09:23 PM Name: HerreraSandra Title: Procurement Specialist, Purchasing&General Services Date: 5/9/2014 12:14:23 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 5/9/2014 1:33:07 PM Name: YilmazGeorge Title: Administrator-Public Utilities,Public Utilities Division Date: 5/12/2014 11:49:04 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/14/2014 4:09:09 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 5/19/2014 1:35:07 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/19/2014 1:49:32 PM Packet Page -874- 5/27/2014 16.0.7. Go an COWLY Purchasing C7e artnient Pur g p Administrative SeM s Division Change Modification Form Purchasing ® Contract Change Request ❑Work Order Modification Contract#: 13-6026 Change##:4 PO/Work Order#l: Project Name: NCRWTP Membrane 4500143228 Replacement and Interstage Boosters Project##:71057,1 Project Manager:Tom Department: PUPPMD Contractor/Firm Name: Poole& Kent i Sivert Original Contract/Work Order Amount $ 1,564,000.00' 2/26/13: 111-1! Original BCC Approval Date; Agenda Item# • Current BCC Approved Amount $ 1,579,823.28` 2/26/13:11H: Last BCC Approval Date; Agenda Item## Current Contract/Work Order Amount $ 1,579,823.28 4/20/2014 SAP Contract Expiration Date(Master) Dollar Amount of this Change $ 20,648.18 2.33% Total Change from Original Amount Revised Contract/Work Order Total $ 1,600,471.46 1.31% Change from Current BCC Approved Amount . Cumulative Changes $ 36,471.46 1.31% Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Original completion date:3/14/14 Last approved completion date: Revised completion date(includes this 4/20/14 change): NA Number of days added:0 Each step on the contract modification checklist form has been reviewed prior j e submitting for approval TAS(this box must be Initialed by Project Manager),.1 N ❑Add new task(s) ® Change task(s) ❑Delete task(s) ❑ Other(specify): 1.Provide a detailed and specific explanation of the requested change(s)to the tasks)and/or the additional days added: Revise piping to enable skid clean cycle to flush each stage separately. 2. Provide detailed rationale for the requested change: Having the ability to introduce the cleaning solution into each stage separately allows operators the flexibility to target the fouling stage instead of having to clean both stages during a membrane cleaning sequence. Utilizing cleaning solutions on reverse osmosis membranes reduces the membrane life. Therefore, this change will minimize membrane exposure to the cleaning solution and therefore extend membrane life,This work could be done on a separate future work order; however, since the contractor is mobilized and inspection is available, performing the task within the project provides best value. 3.Provide explanation why change was not anticipated in original scope of work:The consultant configured the cleaning cycle piping configuration based upon past experience and was unaware that the north plant's piping configuration enabled Individual cleaning of each stage separately. After consultation with plant staff,the consultant concurred that the requested change would provide an opportunity to extend membrane life. 4.Describe the impact if this change is not processed:Membranes in both the 15'and 2"d stage will be subjected to the cleaning cycle when it may be necessary to clean only one of the stages thereby reducing membrane life. • Type of Change/Modification ❑1. Planned/Elective ❑2. Unforeseen conditions/circumstance ❑3, Quantity or price adjustment ❑4. Correction of error(s) ®5.Value added 6P ❑6. Schedule adjustment Change Requested By ❑Contractor/Consultant —r--® Owner © Using Department ❑ Design Professional ❑Regulatory Agency(specify); (I Other(specify): Purchasing Professional Participated in Negotiation of Change/Modification: ❑Yes ® No if iii Approved by: c ' > Date: 5 Mti Name and Title: Tout Chmelik, Director, PUPPMD Reviewed by: - C �, i Date: Sl _ j ti Procurement Strategist's Name: Brenda Brilhart Revised:7/26/13 1 Packet Page -875- 5/27/2014 16.0.7. CHANGE ORDER • • CHANGE ORDER NO.4 CONTRACT NO. 13-6026 BCC Date:02/26/2013 Agenda Item: 11H. • • TO: Pat Carr,Poole&Kent Co.of Florida, 178I NW North River Dr.,Miami,FL 33125 • • DA fb:03/10/2014 PROJECT NAME:NCRWTP Membrane Replacement and Intersatge Booster Project PROJECT NO.: 71057.1 Under our AGREEMENT dated Feb 26,2013 • You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement:Poole and Kent RCO 4(attached) FOR THE(Additive) Sum of: $20,648,18;Twenty thousand,six hundred and forty-eight dollars and eighteen cents. Original Agreement Amount $1,564,000.00 Sum of Previous Changes $15,823.28 This Change Order:Add $20,648.18 Present Agreement Amount $1,600,471.46 The time for completion shall be increased by 0 calendar days due to this Change Order. Accordingly,the Contract Time is now 370 calendar days.The substantial completion date is February 19,2014 and the final completion date is April 20,2014. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,as fully as if the same were repeated in this acceptance. The adjustment,if any,to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,including claims for impact and delay c:st . f Prepared b f 2 " Date:! l X r P Y• . Tom Sive Project Manager, PUPPMD Accepted by: wear� 4 Date: 4 Brian MacCluga.e,E c 'e Vice President,Poole&Kent Approved by: is/. Date:9-"7 ,4///4_, Roger N.ack, Design Professional,HDR,Inc. • Packet Page -876- 5/27/2014 16.0.7. Page 2 of 2 CHANCE ORDER 1 CHANGE ORDER NO P 4 CONTRACT NO. 13-6026 BCC Date: 02/23/2013 AE'end2 Item: I 1.11: PROJECT NAME: NCRWTP Membrane Reolec.:;mcnt end In tersatge Boaster Proiect • Approved by: \/I \ Date: -1‘fark Sunt.a0Principal Projci:ivianager, PiiipPMD /74 / Approved by: in chmelik, Directoi.,PUPPMD " •! ! , Approved by: )1.1: -; Dais I c' Steve Messner, Director,-Water • , Appi-o\red by: Date: (17/ 7/ Joe Helyne, et or, Operations Stipfmli Appcovect by — ot Dr. Gorge ilmaz,Administrator:.Public I Itibiles . , Approved by: Date: I - -11-ende Prilhart,Prdeurcmoni Strategist Packet Page -877- 5/27/2014 16.C.7. Co ter County Purchasing Department i I Administrative Services Division Change Modification Form Purchasing ® Contract Change Request ❑Work Order Modification Contract it: 13-6026 Change d: 5 PO/Work Order ft: Project Name: NCR ■7P Membrane 4500143228 Replacement and Interstage Boosters Project#: 71057.1 Project Manager:Tom Department: PUPPMD Contractor/Firm Name:Poole& Kent Sivert Original Contract/Work Order Amount $ 1,564,000.00 2/26/13: 11H Original BCC Approval Date; Agenda Item# Current BCC Approved Amount $ 1,579,823.28', 2/26/13:11H Last BCC Approval Date; Agenda Item# Cun-ent Contract/Work Order Amount $ 1,600,471.46. 4/20/2014 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 27,841.00' 4.11% Total Change from Original Amount Revised Contract/Work Order Total ( $ 1,628,312.46 3.07% Change from Current BCC Approved Amount Cumulative Changes + $ 64,312.46 1.74% Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Original completion date:3/14(14 Last approved completion date: Revised completion date (includes this 4/20/14 change): NA Number of days added: 0 Each step on the contract modification checklist form has been reviewed prior tope submitting for approval TAS(this box must be Initialed by Project Manager) ' t ❑Add new task(s) In Change task(s) ❑ Delete task(s) ❑Other(specify): 1.Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional days added: Replace the permeate dump valves and actuators to enable the discharge of"off-spec"permeate from each skid while membrane performance is being checked/verified. 2.Provide detailed rationale for the requested change: With the proposed actuator modification, the enhanced valve automation will insure that all"off-spec"permeate will be disposed of properly and will not be discharged and mixed with finished water.This work could be done on a separate future work order; however, since the contractor is mobilized and inspection is available,performing the task within the project provides best value. 3. Provide explanation why change was not anticipated in original scope of work:According to plant operations, the valve and actuator had not been used for quite some time, but was believed that it was still operating properly.Thus it was determined replacement was not necessary. During the work,the actuator operation was suspect, thus the need to replace the actuator was determined after construction had started. 4. Describe the impact if this change is not processed:Without this change, the"off-spec"permeate would be • discharged into the finished water which could cause a finished water quality degradation incident and a delay in Implementing a remedy after the project will likely result in increased cost. Type of Change/Modification ❑ 1. Planned/Elective ❑2, Unforeseen conditions/circumstance ❑ 3.Quantity or price adjustment ❑4. Correction of error(s) 5.Value added ( _ ❑6. Schedule adjustment Change Requested By ❑ Contractor/Consultant © Owner el Using De artment [A Design Professional 0 Regulatory Agency(specify): Other(specify): Purchasing Professional Participated in Negotiation of Change/Modification: ❑Yes © No Approved by: l fL vettil/f Date: 57Z/ ' , Name and Title:To> Chmelik, Director, PUPPMD � 3 Reviewed by: � r Date: Procurement Strategist's Name:Brenda Brilhart Revised:7126/13 1 Packet Page -878- 5/27/201416.0.7. CHANGE ORDER CHANGE ORDER NO, 5 CONTRACT NO. 13-6026 BCC Date:02/26/2013 • • Agenda Item: 11.H. TO: Pat Carr,Poole&Kent Co.of Florida,1781 NW North River Dr.,Miami,FL 33125 DATE:03/10/2014 PROJECT NAME:NCRWT?Membrane Replacement and Intersatue Booster Project PROJECT NO.: 71057.1 Under our AGREEMENT dated Feb 26,2013 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement:Poole and Kent RCO 6(attached) FOR THE(Additive) Sum of:$27,841.00;Twenty seven thousand,eight hundred and forty-one dollars and no cents. Original Agreement Amount $1,564,000.00 Sum of Previous Changes $36,471.46 • This Change Order:Add $27,841.00 Present Agreement Amount $1,628,312.46 The time for completion shall be increased by 0 calendar days due to this Change Order. Accordingly,the Contract Time is now 370 calendar days.The substantial completion date is February 19,2014 and the final completion date is April 20,2014. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,as fully as if the same were repeated in this acceptance. The adjustment,if any,to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,including claims for impact and delay co• . 41 I Ai--(2 l / Prepared by: ' :. ,C17:71' Date: Tom Svert, rojeat Manager, PUPPMD Accepted by: _ , Date: 4 •L. - 2 ' l Brian MacCluga=e,Ex, nil Pr/ice President,Poole&Kent • Approved by: &1--4-'f K-' 'Lli�Cr ! - Date: Y4,o��` Roger aolc,Design Professional,HDR,Inc. • Packet Page -879- . 5/27/2014 16.C.7. Page 2 of 2 . CHANCE ORDER ' CHANGE ORI)ER NO ' 5 CoNTRACT NO. 13-6026 BCC Date: 02n6/2013 • •, Anda lien): I 1.11, PROJECT NAME:1,1C R.WIT Membrane Replacement and intersatEte Booster Project 17 ! l Approved by: ----- .'A-.11,' i---------- Date: Mark SunyukrPriticOal Project Manager. PUPP_MD I / /1 / 1 1--,'". /.1 1,) i,ppro,,•cd by: 77"..,I-b.: 7 .-,. .t'L,- .:-.7. ,...; : .;,• o Date: ` ''= ------ • • Tom Clukek Director,PUPPMD .,.. , __ )- / ,i 11 1 7 Approved by: \- j" 1(t—,.._. Date: `--" I t.' 1 i'-'• — o , , s,Er.rvee-7\tes'sner, Director. Wate,r ( ) i 7-2-_q _ / , i"."-'!' Appr,Dved by: Date: :=:'• i /PI T- _- Joe E,2/711one, LetleCtor, Operations Support 7/ , Appro-vect by: (---- jfiz,:._,,_ 77- ___...-, Data: Dr. George Yilmaz,Administrator, Public Utilities ..-/ Approved by: / -7\,_x_.--ek ../<_,,,,,,„ Daie: •S-- '1- I(4 7 Brenda Briihart,Proe±urernent StrateL,,ist Packet Page -880- 5/27/2014 16.0.7. C 011ie Di/MU Purchasing Department Administrative ServicesD,ivision Change Modification Form Furth bnq ® Contract Change Request ❑Work Order Modification Contract 1/: 13-6026 Change#: 6 PO/Work Order f/: I Project Name: NCRWTP Membrane 4500143228 Replacement and Interstage Boosters Project-4:71057.0 Project Manager: Tom Department: PUPPMD Contractor/Firm Name: Poole& Kent Sivert Original Contract/Work Order Amount $ 1,534,000.00 2126/13: 111-f 'Original BCC Approval Date; Agenda (tern Current BCC Approved Amount $ 1,579,823.28' 2/26/13: 11H Last BCC Approval Date; Agenda Item Current Contract/Work Order Amount $ 1,628,312.46 6/18/2014, SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 4.11% Total Change from Original Amount Revised Contract/Work Order Total I $ 1,628,312.46 3.07% Change from Current BCC Approved Amount Cumulative Changes I $ 64,312.46 0.00% Change from Current Amount Completion Date, Description of the Taslc(s)Change,and Rationale for the Change Original completion date: 3/14/14 Last approved completion date: Revised completion date(includes this 4/20/14 change): 6/18/14 Number of days added: 59 Each step on the contract modification checklist form has been reviewed prio tone submitting for approval TAS(this box must be initialed by Project Manager)' �1 ❑Add new task(s) ❑ Change task(s) ❑ Delete task(s) ® Other(specify): Time Extension 1.Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional days added:Time extension of 50 days to resolve Contractor request for additional time based upon previous and pending change orders. 2. Provide detailed rationale for the requested change:The contractor has requested an additional 163 days to-date for previous and pending change orders. Previous change order requests submitted by the contractor did not include requests for additional time, however, they reserved their rights to request time extensions at a later date when the full impact of the changes became known. Staff and the design consultant evaluated the contractor's request for time extensions and mutually agreed to a 59 day contract extension.The revised substantial completion date shall be May 19, 2014 and the final completion date shall be June 18,2014. The contract time extension will have no negative impact to water plant operations or the ability to meet customer demand. 3.Provide explanation why change was not anticipated in original scope of work:Through the course of construction, it became apparent that opportunities were available to refine the original design that would improve overall system operation and functionality, resulting in additional fabrication timelines. 4.Describe the impact if this change is not processed:An agreeable schedule extension was negotiated that will avoid r any additional expenses for further mediation and delay closing out f t he project. t. , Type of Change/Modification ❑ 1. Planned/Elective ❑2. Unforeseen conditions/circumstance ❑3. Quantity or price adjustment ❑4. Correction of error(s) ❑ 5.Value added I ©6. Schedule adjustment r Change Requested By ® Contractor/Consultant ❑ Owner LI Using Department ❑ Design Professional ❑ Regulatory Agency(specify): ❑Other(specify): Purchasing Professional Participated in Negotiation of Change/Modification: ® Yes ❑ No Approved by: 1 11a4 I� Date: / l 1 / Name and Title:Tom dimelik, Director, PUPPMD Reviewed by: '''`)'Cs^v- , ji Date: a ., . 1,4 Procurement Strategist's Name: Brenda'Brilhart Revised:7/26/13 Packet Page -881- 5/27/2014 16.0.7. CHANGE ORDER CHANGE ORDER NO.6 CONTRACT NO. 13-6026 BCC Date:02/26/2013 Agenda Item: 11.11. TO: Pat Carr.Poole&Kent Co.of Florida, 1781 NW North River Dr.,Miami,FL 33125 DATE: 04/15/2014 PROJECT NAME:NCRWTP Membrane Replacement and Intersatge Booster Project PROJECT NO.: 71057.1 Under our AGREEMENT dated Feb 26,2013 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement:Poole and Kent RCO 6(attached) FOR THE Sum of:$0.00; Original Agreement Amount $1,564,000.00 Sum of Previous Changes $64,312.46 This Change Order: Add $0.00 Present Agreement Amount $1,628,312.46 The time for completion shall be increased by 59 calendar days due to this Change Order, Accordingly,the Contract Time is now 429 calendar days. The substantial completion date is May 19, 2014 and the final completion date is June 18,2014. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,as fully as if the same were repeated in this acceptance. The adjustment,if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,including claims for impact and delay costs -- Prepared by ' l f __ L''CIL`� _ -- Date: 47 /` To, Sivert, 'reject Iv '.- ger,PUPPMD 11P 6/ Accepted by: j — Date: 4 'Z2 r f4 Brim cCluga e, -x t+ 'tiv f ice President,Poole&Kent Approved by: oac( �'lLrc�,G(1 Date: Q/ /( t Roger k,Design Professional,HDR,Inc. Packet Page -882- 5/27/2014 16.0.7. „„. Page 2 of 2 CHANGE ORDER CHANGE ORDER NO!' 6 CONTRACT NO. 13-6026 BCC Date: 02/26/2013 Aixenditi Item: 11.H. PROJECT NA.M12,•Nctzwri-` Membrane Replacement and lutersatue Booster Project if Date: -?--(-tt it ( it:Tproved by: --I / Murk Sunynk, Pritappal Project ManEzer,PUPPiVED i; , h Apo oved by: 'Date: - I I Tom Chm;.lik, Director. PUPPIvID , t I Approved by: A)..iit_tt.; A Date: Steve Messner. Director,Water I 1 A pp:eyed.by: Date: foe Bern , ictor, Operations Support fpoumec( by: pate: Dr. Creory Yflnisz Admicistrator,Public Utilities A pp cOV:::c1 by: /7 nate: Br\edcla atithart, Procu/.Ment Strategist Packet Page -883- 5/27/2014 16.C.7. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Poole & Kent Company of Florida ("Contractor") of 1781 NW North River -Drive, Miami FL 33125, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with NCRWTP Membrane Replacement and Inter-stage Booster Project, Bid No. 13-6026 ("Project"), as said Work is set forth in the Plans and Specifications prepared by HDR, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during,-the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million Five Hundred Sixty-Four Thousand Dollars ($1,564,000.00) • 31 Construction Services Agreement for Public Utilities: Revised 08/15(2012 Packet Page -884- 5/27/2014 16.03. Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred seventy (270) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In 32 Construction Services Agreement for Public Utilities:Revised 08/15/2012 Packet Page -885- 5/27/2014 16.C.7. such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, nine hundred thirty seven dollars and ten cents ($937.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. 33 Construction Services Agreement for Public Utilities:Revised 08/15/2012 Packet Page -886- 5/27/2014 16.C.7. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by HDR, Inc and identified as follows: NCRWTP Membrane Replacement and Inter-stage Booster Project as shown on Plan Sheets 1 through 24. Exhibit N: Contractor's List of Key Personnel Terms & Conditions of 13-6026 NCRWTP Membrane Replacement and Inter-stage Booster Project Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: 34 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -887- 5/27/2014 16.C.7. Tom Sivert, PE Collier County Public Utilities Planning & Project Management 3339 Tamiami Trail East; Suite 303 Naples, FL 34112 Tel: 239/252-5376 Fax: 252-5378 Email: Tomsiverta(�colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Poole & Kent Company of Florida Attn Patrick Carr, CEO 1781 NW North River Drive Miami, FL 33125 Tel: 305/325-1930 Fax: 305/324-0522 Email: patc(&pkflorida.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 35 Construction Services Agreement for Public Utilities:Revised 08/15/2012 Packet Page -888- 5/27/2014 16.C.7. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. 36 Construction Services Agreement for Public Utilities:Revised 08/15/2012 • Packet Page -889- 5/27/2014 16.C.7. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 37 Construction Services Agreement for Public Utilities:Revised 08/15/2012 Packet Page -890- 5/27/2014 16.C.7. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNE SES : Poole & Kent Company of Florida �- )6 ,z_i21 By: FIRST WIT SS Patrick H. Carr, President & CEO Carla Woodall Type/Print Name and Title Type/Print Name COND WITNESS Yvonne Blair Type/Print Name Date: Te, L{ (1,V1/ ,LL. , a013 OWNER: ATTEST-Y-- e^��o-•, BOARD OF CO TY OM . SSIONERS OF ••'��� COLLIER CO N F ORID• Dwi.ht Brdle� y- • "' BY. .fit'inlb • 4± BY L A Attestas-to, a r A. filler, Esq., �� C- oman Approved As To Form and Legal Sufficiency: •ssistant • ounty • orney 38 Construction Services Agreement for Public Utilities:Revised 08/15/2012 Packet Page-891-