Agenda 01/22/2019 Item #16C201/22/2019
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to Construction Agreement #16-6638 with
Mitchell & Stark Construction Co., Inc., to allow the Vanderbilt Drive Cul -de-sacs Public Utility
Renewal Project to continue in areas destabilized by Hurricane Irma.
OBJECTIVE: To complete utility construction on Vanderbilt Drive associated with the Vanderbilt
Drive Cul-de-sacs Public Utility Renewal Project (Project No. 70122).
CONSIDERATIONS: On July 12, 2016 (Agenda Item 11D), the Board of County Commissioners (the
“Board”) approved Agreement No. 16-6638 with Mitchell & Stark Construction Co., Inc. (the
“Contractor”) to perform the Vanderbilt Drive Cul-de-sacs Public Utility Renewal Project, which
includes the replacement of water, wastewater and stormwater infrastructure.
Hurricane Irma caused significant impacts to County infrastructure along the west side of Vanderbilt
Drive resulting in specific harm to three locations, in Phase 4B of the Project (along Vanderbilt Drive
between 101st Avenue N. and 105th Avenue N.), where the road and sidewalk were washed out,
leaving stormwater outfalls and other utilities exposed and damaged (See Attachment 1, Exhibit “A”
map). The erosion damage caused by the washout at each of those three locations resulted in some degree
of seawall failure, immediately adjacent to the Contractor’s ongoing installation of new water,
wastewater and stormwater infrastructure for the County. The Growth Management Department issued a
Board approved work order (July 10, 2018, Agenda Item 16A.18) to a different contractor, Quality
Enterprises USA, Inc., to remediate the washout damage caused by Hurricane Irma so the Contractor
could recommence its work on the Vanderbilt Drive Cul-de-sacs Public Utility Renewal Project. During
this remedial work, the Contractor worked in other project phases to minimize schedule impact. Staff
acknowledges that notwithstanding the completed remediation repairs, there is still some element of
risk in finishing the remaining underground work in Phase 4B.
Pursuant to the attached proposed First Amendment to Agreement No. 16-6638, the Contractor and the
County agree that the Contractor will receive a limited release of liability 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 the identified affected areas. Should additional
remedial work be required, staff will negotiate costs with the Contractor prior to the execution of such
work in accordance with the terms of the agreement, the County’s Procurement Ordinance and adopted
policies.
FISCAL IMPACT: No direct fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, approves the attached First Amendment to Agreement #16-6638
with Mitchell & Stark Construction Co., Inc., and authorizes the Chairman to sign the Amendment.
Prepared By: Tom Chmelik, Public Utilities Engineering & Project Management Division Director
16.C.2
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01/22/2019
ATTACHMENT(S)
1. Attachment 1: First Amendment to 16-6638 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 7732
Item Summary: Recommendation to approve the First Amendment to Construction Agreement
#16-6638 with Mitchell & Stark Construction Co., Inc., to allow the Vanderbilt Drive Cul-de-sacs Public
Utility Renewal Project to continue in areas destabilized by Hurricane Irma.
Meeting Date: 01/22/2019
Prepared by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
01/10/2019 2:01 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
01/10/2019 2:01 PM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 01/10/2019 2:17 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/10/2019 2:21 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 01/11/2019 12:07 PM
Procurement Services Ted Coyman Additional Reviewer Completed 01/11/2019 12:09 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 01/11/2019 1:26 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/11/2019 1:44 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/14/2019 10:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/14/2019 12:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2019 7:37 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 01/15/2019 1:33 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2019 8:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
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16.C.2.a
Packet Pg. 724 Attachment: Attachment 1: First Amendment to 16-6638 (7732 : First Amendment to Agreement #16-6638, Vanderbilt Drive Cul-de-sacs)
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Packet Pg. 725 Attachment: Attachment 1: First Amendment to 16-6638 (7732 : First Amendment to Agreement #16-6638, Vanderbilt Drive Cul-de-sacs)
16.C.2.a
Packet Pg. 726 Attachment: Attachment 1: First Amendment to 16-6638 (7732 : First Amendment to Agreement #16-6638, Vanderbilt Drive Cul-de-sacs)
16.C.2.a
Packet Pg. 727 Attachment: Attachment 1: First Amendment to 16-6638 (7732 : First Amendment to Agreement #16-6638, Vanderbilt Drive Cul-de-sacs)
16.C.2.a
Packet Pg. 728 Attachment: Attachment 1: First Amendment to 16-6638 (7732 : First Amendment to Agreement #16-6638, Vanderbilt Drive Cul-de-sacs)