Agenda 06/14/2011 Item #16A18
6/14/2011 Item 16.A.18.
EXECUTIVE SUMMARY
. Recommendation to award a construction contract to Better Roads, Inc. for Bid No. 11-
5661 - Progress Avenue Roadway Improvements from Airport-Pulling Road to
Commercial Boulevard, , Project No. 60188-3, in the amount of $475,243.02
OBJECTIVE: To award a construction contract for Progress Avenue Roadway Improvements
from Airport-Pulling Road to Commercial Boulevard to Better Roads, Inc., in accordance with
Bid No. 11-5661.
CONSIDERATIONS: The project consists of milling & resurfacing, construction of paved
shoulders on both sides of the road and drainage improvements on both swales of Progress
Avenue from Airport-Pulling Road to Commercial Boulevard, including intersection
improvements at Industrial Boulevard. The project is constructed within the Naples Production
Park Municipal Service Taxing Unit e'MSTU").
The project was submitted for advertisement on March 7, 2011. A non-mandatory pre-bid
meeting was held on March 23,2011. Over 1,400 notices were sent out and six (6) bids were
submitted on April 11,2011 and they are as follows:
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Better Roads, Inc.
Bonness, Inc.
APAC
Gulf Paving
CW Roberts
Ajax
$475,243.02
$569,993.62
$618,758.84
$626,630.81
$633,137.47
$662,400.96
Staff reviewed the submittals and recommends Better Roads, Inc., as the lowest, responsive and
qualified bidder. Better Road's bid is 7.7% below the Engineer's Cost Estimate of $512,049.99.
FISCAL IMPACT: Funds in the amount of $475,243.02 are available in the Naples Production
Park MSTU Fund 138, Progress Ave. Improvements project 60188.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
Board approval-SR T.
GROWTH MANAGEMENT IMPACT: The Progress Avenue Roadway Improvements
project has no impact on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the contract with
Better Roads, Inc., for the construction of the Progress Avenue Roadway Improvements and
authorize the Chairn1an to execute the attached contract after review and approval by the County
Attorney's Office.
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Prepared By: Julio F. Ordonez, Principal Project Manager, TECM
Attachment: Bid Tabulation; Contract
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6/14/2011 Item 16.A.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18.
Item Summary: Recommendation to award a construction contract to Better Roads, Inc.
for Bid No. 11-5661- Progress Avenue Roadway Improvements from Airport-Pulling Road to
Commercial Boulevard, , Project No. 60188-3, in the amount of $475,243.02
Meeting Date: 6/14/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
5/23/2011 5:40:17 PM
Submitted by
Title: Project Manager, Principal, Transportation Engineer
Name: OrdonezJulio
5/23/2011 5:40:19 PM
Approved By
Name: NauthRookmin
Title: ManagementIBudget Analyst, Transportation Administr
Date: 5/24/2011 9:15:50 AM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 5/24/2011 12:0] :08 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/24/20113:21:27 PM
Name: CalvertEugene
Title: Project Manager, Principal, Transportation Engineering & Construction Management
Date: 5/25/2011 2:06:14 PM
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6/14/2011 Item 16.A.18.
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 5/25/20113:24:12 PM
Name: CarneIISteve
Title: Director - Purchasing/General Services,Purchasing
Date: 5/26/2011 1 :46:26 PM
Name: BetancurNataIi
Title: Executive. Secretary,Transportation Engineering & Construction Management
Date: 5/27/2011 9:38:58 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/27/2011 2:40:58 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Plmming
Date: 5/31/2011 3:30:48 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 6/2/2011 9:53:28 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, S~nior,Office of Manage
Date: 6/2/2011 6:23:14 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2011 3:21:45 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/2011 3:36:36 PM
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6/14/2011 Item 16.A.18.
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Better Roads, Inc. ("Contractor") of 1910 Seward
Avenue, Naples Florida 34109, a Florida corporation, authorized to do business in the
State of Florida, to perform all work ("Work") in connection with Progress Avenue
Improvements (Airport Road to Commercial Boulevard), Bid No. 11-5661
("Project"), as said Work is set forth in the Plans and Specifications prepared by Wilson
Miller/Stantec, 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: Four hundred seventy five thousand
two hundred forty three dollars and two cents ($475,243.02).
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6/14/2011 Item 16.A.18.
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescri~ed 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
accept~ble 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"
circula~. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.
html#certified. Should the Contract Amount be less than $500,000, the requirements of
Sectiory 287.0935, F.S. shall govern the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolveht, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issuedJby the Project Manager, as'hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contra~tor prior to the Commencement Date shall be at the sole risk of Contractor.
Contraptor shall achieve Substantial Completion within one hundred and thirty five
(135) qalendar days from the Commencement Date (herein "Contract Time"). The date
of Substantial Completion of the Work (or designated portions thereof) is the date
certified by the Design Professional when construction is sufficiently complete, in
accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof) for the use for which it is intended. Contractor shall
achieve Final Completion within thirty (30) calendar days after the date of Substantial
Complbtion. Final Completion shall occur when the Agreement is completed in its
entirety, is accepted by the Owner as complete and is so stated by the Owner as
compl$ted. As used herein and throughout the Contract Documents, the phrase
"Projed:t Manager" refers to the Owner's duly authorized representative and shall mean
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the Diyision Administrator or Department Director, as applicable, acting directly or
througr duly authorized representatives.
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B. !Uquidated Damages in General.
Owne~ and Contractor recognize that, since time is of the essence for this Agreement,
Owneri will suffer financial loss if Contractor fails to achieve Substantial Completion
within ~he time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
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6/14/2011 Item 16.A.18.
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, one thousand one
hundred and forty eight dollars ($1,148.00) 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.
G.
Final Acceptance by Owner.
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6/14/2011 Item 16.A.18.
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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
accept~d 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 fulfm 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
Contra9tor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
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The following documents are expressly agreed to be incorporated by reference and
made ~ part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
~xhibit E:
Exhibit F:
Fxhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
~xhibit K:
Exhibit L:
l=xhibit M:
l=xhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Wilson Miller/Stantec
and identified as follows: Progress Avenue Improvements
(Airport Road to Commercial Boulevard)
as shown on Plan Sheets 1 through 51.
Contractor's List of Key Personnel
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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:
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Julio Ordonez, Project manager
Growth Management Division I Transportation Engineering
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252-8677
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6/14/2011 Item 16.A.18.
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:
Clark Leaming, Exec V.P.
Better Roads, Inc
1910 Seward Avenue
Naples, Florida 34019
(239) 597-2181
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.
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 anyone 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.
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6/14/2011 Item 16.A.18.
Sectio~ 13. Entire Aareement.
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.
Sectiolil 14. Severability.
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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 th~reof.
Sectio~ 15. Chan~e Order Authorization.
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The Project Manager shall have the authority on behalf of the Owner to execute all
Chang~ Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Sectioh 16. Construction.
Any dq,ubtful 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.
Sectiop 17. Order of Precedence
In the! event of any conflict between or among the terms of any of the Contract
Docum:ents, 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
Constr(.Jction 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
Suppl~mental Conditions, if any, or the Construction Agreement and the General Terms
and C~nditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
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6/14/2011 Item 16.A.18.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TWO WITNESSES:
FIRST WITNESS
Type/Print Name
SECOND WITNESS
Type/Print Name
Date:
ATTEST:
Dwight E. Brock, Clerk
BY:
Approved As To Form
and Legal Sufficiency:
Print Name:
Deputy County Attorney
CONTRACTOR:
Better Roads, Inc.
By:
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY:
Fred W. Coyle, Chairman
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