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Agenda 04/12/2016 Item #16B 1 4/12/2016 16.B.1 . EXECUTIVE SUMMARY Recommendation to approve the payment of after-the-fact invoices to Q. Grady Minor for work completed on the Sugden Park Feasibility Study completed within the 60 day period authorized in the Notice to Proceed but after the 45 day window authorized by the Work Order. OBJECTIVE: To close out a Work Order issued under Contract No. 13-6164 (the "Contract"), Professional Services: Architects and Engineering,to process the consultant's final invoices. CONSIDERATIONS: In November 2015, CRA staff requested a proposal from Q. Grady Minor (the "Firm")to complete a pathway feasibility study relating to Sugden Park. Staff issued a Purchase Order under the Contract on November 6, 2015, with a 45 day completion time. Thereafter, staff issued a Notice to Proceed to the Firm but inadvertently included a 60 day completion time. The Firm completed the requested work under budget outside of the 45 day completion time provided in the Purchase Order but within the 60 day window authorized by the Notice to Proceed. When the Firm submitted its final invoices for payment, staff was informed that payment was being rejected because the Work Order expired. In order to process the Firm's invoices, staff recommends the Board approve the payment after-the-fact. This was an inadvertent staff generated error that requires Board authorization for correction. Future planning and capital projects within the CRAs will be overseen by a coordinated effort through the Public Services and Growth Management departments. FISCAL IMPACT: There is no fiscal impact associated with this item other than the amount currently owed to the Firm for the timely,under budget services provided of$12,490. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney's Office is providing an "after the fact" review of the Purchase Order and the Notice to Proceed. The Board is authorized to determine the validity of equitable claims such as quantum meruit and determine that the relief sought equitably reflects the fair value of the work performed, furnished to the county, and which the county benefited from, and authorize any remaining payment owed to the vendor. This item is approved for legality and requires majority vote for approval.—JAB RECOMMENDATION: That the Board approve the after-the-fact invoices for payment to Q. Grady Minor, so that the Firm's final invoices for work provided under budget on the Sugden Park Pathway Feasibility Study can be processed for payment. Prepared by: Elly Soto McKuen, CRA Project Manager Attachments: 1) Work Order 2)Notice to Proceed Packet Page -878- 4/12/2016 16.B.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation to approve the payment of the remaining invoices to Q. Grady Minor for work completed on the Sugden Park Pathway Feasibility Study Meeting Date: 4/12/2016 Prepared By Name: McKuenElly Title:Project Manager, CRA, County Redevelopment Agency 3/17/2016 10:16:32 AM Submitted by Title: Project Manager, CRA, County Redevelopment Agency Name: McKuenElly 3/17/2016 10:16:34 AM Approved By Name: JourdanJean Title: CRA Operations Manager, County Redevelopment Agency Date: 3/18/2016 9:01:51 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 3/23/2016 6:08:23 PM Name: BelpedioJennifer Title:Assistant County Attorney,CAO General Services Date: 3/31/2016 1:31:21 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2016 4:00:50 PM Name: FinnEd Packet Page -879- 4/12/2016 16.B.1 . Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 4/1/2016 9:02:56 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date:4/4/2016 10:35:35 AM Packet Page -880- 4/12/201616.8.1 . ' • • WORK ORDER/PURCHASE ORDER Contract 13-6164"Professional Services for Engineers and Architects" Contract Expiration Date:March 8,2019 This Work Order is for professional feasibility study services for work known as: Project Name: Sugden Park Pathway Study Projec Xo The work is specified in the proposal dated October 7,2015 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, .this Work Order/Purchase Order is assigned to: Q. Grady Minor Scope of Work: As detailed in the attached proposal and the following: * Task I Pathway Assessment — site visit(s) to review existing conditions, site photos will be taken to document existing conditions. Consultant will review permit requirements, prepare a preliminary site assessment to provide an overview of design and permitting considerations/constraints, estimate of wetland and listed species mitigation. Consultant will prepare an opinion of probable cost for the pathway and attend up to 2 meetings to discuss the results.More specific details are included in the consultant's proposal. Task II Reimbursable—direct costs for copies,prints and other expenses • Schedule of Work: Complete work within 45 days from the date of the Notice to Proceed which is • accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement# 13-6164 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above,the County will compensate the Firm in accordance with following method(s): [Negotiated Lump Sum (NLS) Lump Sum Plus Reimbursable Costs (LSTIRC) [Time&Material (T&M) (established hourly rate—Schedule A) Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $11,740.00(LS) • Task II $750.00(RC TOTAL FEE $12,490.00 PREPARED BY:_ I .., ...ir_ r `` • z,' l 5 Ell ``to 1�4cKuen,Project Manager Date t, J APPROVED BY: 0� )/ (/ 1 -� - I ��an ourdar, r' A Operations Manager Date Packet Page -881- • �rf- ti2e ettiivt" in, 131vayw Bayshore Gateway Triangle CRA.Bayshore Beautification MSTU Haldeman Creek MSTU November 9, 2015 D. Wayne Arnold Q. Grady Minor&Associates 3800 Via Del Rey Bonita Springs, FL 34134 RE: NOTICE-TO-PROCEED FOR Planning Services for the Sugden Park Pathway Feasibility Study Project Work Order/Purchase - No. 4500163923 Dear Mr. Arnold: This letter serves as the Bayshore Gateway Triangle Community Redevelopment Agency's (CRA) official NOTICE TO PROCEED (NTP) for your Company to commence with the above referenced project. This NTP is issued pursuant to your quote to provide the services as listed on the proposal. The purchase order number is shown above and a copy of the purchase order is enclosed. This NTP is limited to the scope of work for the Sugden Park Pathway Feasibility Study Project. Please include the purchase order number and project name on each invoice to facilitate the payment process. The commencement date for the services associated herewith shall be considered to be November 16, 2015. Completion of all work shall be considered to be January 15, 2016. Ifyou have any questions, please do not hesitate to contact me at (239) 643-1115 or email at EllyMcKuen @Colliergov.net. Sincerely, 1- A' )nert,t--"tt----- Elly Soli; cKuen Project Manager Offices: 3570 Bayshore Drive Unit 102 Naples, Florida 34112 Phone: 239-643-1115 Onlii Packet Page -882-'m 4/12/2016 16.B.1. Send all Invoices to: Collier County Board of County Commissioners 1.r f Collier County Board of County Commissioners Procurement Services DivisionC „o '? Attn:Accounts Payable Phone:239-252-8407 • �e- 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 •••,, q Naples FL 34112-5749 Tax Exempt:85-8015966531C-1 °us OR email to:bccapclerk @collierclerk.com Purchase Order number must appear on all related correspondence,shipping papers and invoices: Vendor# 102471 Purchase order Q GRADY MINOR&ASSOCIATES PA PO Number 4500163923 Date 11/06/2015 3800 VIA DEL REY Contact Person Comm Redev Agency BONITA SPRINGS FL 34134-7569 Telephone 239-643-1115 Please deliver to: BAYSHORE GATEWAY TRIANGLE CRA Delivery Date: 3570 BAYSHORE DR, UNIT 102 NAPLES FL 34112 Terms of Payment Net 30 Days Item Material Description Order Qty Unit Price Per Unit Net Value 00010 PathwayAssesment 11,740 EA 1.00 11,740.00 all documents attached. Total quantity spread over the following delivery dates: Quantity Unit Delivery Date 11,740each Day 03/08/2019 00020 Reimburseables 750 EA 1.00 750.00 Total quantity spread over the following delivery dates: Quantity Unit Delivery Date 750each Day 09/30/2016 Total net value excl.tax USD 12,490.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://purchasing.colliergov.netlPurchasing%20Policy/Forms/Allltems.aspx,including delivery and payment terms.Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices,terms,delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn:Accounts Payable 3299 Tamiami Trl E Ste 700 ONaples R email FL to:bccapcle34112-5p The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Joanne Markiewicz,Director,Procurement Services Division Printed 11/06/2015 0 08:59:18 187.1171126-R7dQQn Page 1 of 1 Packet Page-883- 4/12/2016 16.B.1 . ElGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 7, 2015 Ms. Elly Soto McKuen Bayshore Gateway Triangle CRA 3570 Bayshore Drive,Suite 102 Naples, Florida 34112 RE: Proposal for Professional Services Sugden Park Pathway Alignment and Cost Estimate Due Diligence Dear Ms. McKuen: The Bayshore Gateway Triangle Community Redevelopment Agency (BGTCRA) is seeking proposals to evaluate the location of a proposed Sugden Park pathway from the Bayshore Drive area through CRA property and connecting to the Sugden Park Community Park. The proposed pathway location would be at the most southerly boundary of the BGTCRA's 17-acre parcel located on the east side of Bayshore Drive between Jeepers Drive to the south and Lunar Street to the north approximately 1,200' in length. The evaluation and resulting report should, at a minimum, including the following: • Determine constructability of a 6-foot, 8-foot and/or 12-foot wide path along the most southerly boundary of the BGTCRA's 17-acre parcel located on the east side of Bayshore Drive between Jeepers Drive to the south and Lunar Street to the north (see map attached) • Provide documentation of all research completed • Identify potential problems or issues that might be encountered during the construction said path • Provide recommendations to solve identified problems or issues • Include conceptual opinion of probable cost The proposal is further separated by the following tasks: Q. Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Packet Page -884- 4/12/2016 16.B.1 . Ms.Elly Soto McKuen RE: Proposal for Professional Services; October 7,2015 Page 2 TASK 1: PATHWAY ASSESSMENT The consultant should perform site visit(s) to the pathway location to review the existing conditions. This provides a visual inspection of the project area to verify physical features such as drainage features, water features and vegetation and other potential obstructions within the project site. Site photographs will also be taken for documentation of existing conditions. Any access needed shall be provided by the BGTCRA or representative. The consultant shall review the permit requirements necessary for the construction of the pathway improvements. This shall include, at a minimum, researching existing SFWMD ERP permits along the project limits and be based only on limited visual inspection. Consultant will prepare a recommendation of preliminary permitting strategies. The consultant shall utilize available habitat mapping (SWFWMD database) and wildlife data (FWS and FWC GIS information) and conduct a preliminary site assessment of the pathway to provide an overview of design and permitting consideration/constraints associated with the project. An estimate of wetland and/or listed species mitigation that may be associated with the improvements will be conducted in accordance with current agency approved methodologies, based solely upon the above referenced preliminary data gathered for analysis. The consultant will perform a constructability review of the proposed improvement with recommendations for consideration by the County. The pathway estimates should include an access/security gate feature at the Bayshore Drive and Sugden Park entrances. The consultant shall prepare an opinion of probable cost for the design, permitting and construction associated with the pathway project. To determine the construction cost of a 6- foot, 8-foot and/or 12-foot wide path, the consultant shall analyze and develop an assumed typical section for the planned improvement. The consultant will provide a draft report summarizing the needs of the pathway project which includes project limits, assumed typical section(s), permitting strategy, potential project challenges with recommended solutions, constructability review and opinion of probable cost. Consultant will attend up to two (2) meetings to discuss the results of the assessment and incorporate comments into the final report document. Time and Material Estimate $ 11,740.00 TASK 2. REIMBURSEABLES The consultant shall be reimbursed for direct costs incurred for copies, prints and other expenses in support of the task outlined above. These costs will be itemized as they are incurred. Time and Material Estimate $ 750.00 Total Time and Material Estimate $ 12,490.00 McKuen-Asphalt Path 10-07-2015.docx Packet Page -885- _ - - - - - - 4/12/2016 16.B.1. � 4 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects GENERAL CONDITIONS Invoices will be issued the first or second week of each month, payable upon receipt, unless otherwise agreed. Any government imposed taxes or fees shall be added to our fees for services under this Proposal (agreement). We reserve the right to renegotiate fees on an annual basis to reflect changes in price indices and pay scales applicable to the period when services are,in fact, being rendered. All reports, drawings, specifications, field data, notes and other documents, including all documents on electronic media, prepared as instruments of service shall remain the property of Q. Grady Minor & Associates,P.A. Services related to asbestos, hazardous, or toxic materials are.excluded. Client shall provide a site that complies with applicable laws and regulations. Client shall pay all project permit and application fees including but not limited to plan review, platting, permits,impact fees,etc. A late charge of 1.5% per month (but not exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days. Payment thereafter to be applied first to accrued late charges and then to the principal unpaid amount.The Client shall be liable for all attorney's fees and costs incurred by Q. Grady Minor&Associates,P.A.incident to collection of any indebtedness. Client's failure to make payment to us within 30 days shall constitute a material breach of this Proposal and shall be cause for termination by Q.Grady Minor&Associates,P.A. Neither Q. Grady Minor & Associates, P.A., nor its consultants, agents or employees shall be jointly, severally or individually liable to the Client in excess of the compensation to be paid pursuant to this agreement or One Hundred Twenty-Five Thousand dollars ($125,000), whichever is greater, due to any claim arising out of or relating to the performance of professional services under this agreement. In the event the Client makes a claim against Q. Grady Minor &Associates, P.A. at law or otherwise, for any alleged error, omission or other act arising out of the performance of our professional services, and the Client fails to prove such claim, then the Client shall pay all costs, including staff time, court costs, related expenses and attorney's fees incurred by us in defending ourselves against the claim. The only warranty or guarantee made by Q.Grady Minor&Associates,P.A. in connection with the services performed hereunder is that we will use that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. Q. Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Packet Page -886- 4/12/2016 16.B.1 . ElGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects 2014 HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES PRINCIPAL ENGINEER: $165 PRINCIPAL PLANNER: $165 REGISTERED ENGINEER: $145 REGISTERED SURVEYOR&MAPPER: $135 REGISTERED LANDSCAPE ARCHITECT: $135 ENGINEER: $125 SENIOR PLANNING TECHNICIAN: $105 SENIOR ENGINEERING TECHNICIAN: $105 SENIOR SURVEYING TECHNICIAN: $95 ENGINEERING TECHNICIAN: $85 LANDSCAPE DESIGN TECHNICIAN: $85 SURVEY TECHNICIAN: $85 CONSTRUCTION PROJECT MANAGER: $110 FIELD ENGINEER: $85 INSPECTOR: $75 PROJECT ADMINISTRATOR: $65 ADMINISTRATIVE ASSISTANT: $55 SURVEY FIELD CREW: (3 MAN) $145 SURVEY FIELD CREW: (2 MAN) $125 BLACKLINES: $1.60/each MILEAGE: $0.485/mile LATH: $55/bundle(50) STAKES: $28/bundle(25) Subconsultant Charges:Cost+ 15% Other incidental expenses: Actual Cost+ 10% Expert witness at 200%of schedule fees Any State of Florida services tax will be added to our fees Q. Grady Minor&Associates, P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134. www.gradyminor.com Packet Page -887 4/12/2016 16.8.1 . Elly Soto McKuen RE: Proposal for Professional Services; October 7,2015 Page 3 Sincerely, r D. Wayne Arnold,AICP DWA:rdf This Proposal and the Attached General Conditions Accepted / By: I A Date: l -ICJ Ell oto McKuen Project Manager McKuen-Asphalt Path IO-07-2015.docx Packet Page-888-