Agenda 06/09/2015 Item #16A14 6/9/2015 16.A.14.
EXECUTIVE SUMMARY
Recommendation to authorize a $10,000 increase to Purchase Order 4500149729 for Baker,
Donelson, Bearman, Caldwell & Berkowitz, P.C., ("Baker Donelson") relating to legal services in
the FEMA Beach Restoration Deobligation Second Appeal, DR-1609-DR-FL., PA ID 021-99021-00
to approve Work Orders with CB&I Coastal Planning & Engineering, Inc. and Atkins North
America, Inc. to provide professional engineering services for Phase II Contingency FEMA
Response Assistance under Contract No. 13-6164-CZ for a Time and Material amount not to exceed
$5,000 each (Fund No. 001-103010), and authorize the Board's Chairman to execute the attached
work orders.
OBJECTIVE: To authorize an increase of$10,000.00 to the existing purchase order for outside
counsel Baker Donelson to provide continued services in the FEMA Beach Restoration
Deobligation Second Appeal, DR-1609-DR-FL, PA ID 021-99021-00 and to obtain professional
engineering services for Phase II Contingency FEMA deobligation response assistance.
CONSIDERATIONS: The County retained the law firm of Baker Donelson and its attorney
Ernest B. Abbott, past General Counsel for the Federal Emergency Management Agency, to
assist the County in its appeal of the deobligation of FEMA funds related to Hurricanes Katrina
and Wilma.
The County's Continuing Retention Agreement (the "Agreement") with Baker Donelson dated
September 10, 2013 states, in part, at Exhibit A: "Baker Donelson's fee shall not exceed
$100,000.00 without the approval of the Board of County Commissioners. Any expenditure
beyond the initial $100,000.00 approval by the Board of County Commissioners must have
Board approval prior to work being performed." To date, the County has expended $81,230.08
in legal related expenses on its appeal of the deobligation of FEMA funds.
A second appeal of FEMA's deobligation decision has been fully briefed and presented to
FEMA, and there should be very little expended on fees going forward. The $10,000.00 increase
is to cover unexpected requests from FEMA that require either legal or additional related
professional engineering services to support the County's position on appeal, such as the need
for additional engineering services discussed in more greater detail below.
CB&I supported Collier County in its first appeal of the deobligation decision dated August 1,
2014, which largely reaffirmed FEMA's retroactive deobligation of the cost that the County
incurred to restore the beaches that were extensively damaged by Hurricane Wilma (DR 1609;
PW 2700V6). The development of the second appeal petition was extensive and filed on
October 17, 2014 with a supplemental package filed on January 29, 2015.
On March 12, 2015 the Board of County Commissioners approved the funding for CB&I travel
attendance, preparation and follow-up meeting to discuss our second appeal with FEMA
Washington staff. This work order will provide professional Engineering services for Phase II
Contingency FEMA Support.
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Additional support is required of Atkins Professional Engineering to; 1) Provide Review of
historical information, 2) Coordination meeting with the County personnel, County Legal
Representatives and consultants, 3) Review and provide comment on correspondence from
FEMA, 4) travel to meet with FEMA if necessary and as budget allows.
FISCAL IMPACT: Funding for this is available in Fund No. 001-103010.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
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 authorize a $10,000 increase
to Purchase Order 4500149729 for Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. relating to
legal services in the FEMA Beach Restoration Deobligation Second Appeal, DR-1609-DR-FL, PA ID
021-99021-00, and to approve Work Orders with CB&I Coastal Planning & Engineering, Inc. and
Atkins North America, Inc., to provide professional engineering services for Phase II
Contingency FEMA Response Assistance under Contract No. 13-6164-CZ for a Time and
Material amount not to exceed $5,000 each (Fund No. 001-103010), and authorize the Board's
Chairman to execute the attached Work Orders.
Prepared By: J. Gary McAlpin,P.E., Coastal Zone Management,Natural Resources Department
Attachments: 1) Proposals; 2) Work Orders
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to authorize a $10,000 increase to Purchase Order
4500149729 for Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., ("Baker Donelson")
relating to legal services in the FEMA Beach Restoration Deobligation Second Appeal, DR-1609-
DR-FL., PA ID 021-99021-00 to approve Work Orders with CB&I Coastal Planning& Engineering,
Inc. and Atkins North America, Inc.to provide professional engineering services for Phase II
Contingency FEMA Response Assistance under Contract No. 13-6164-CZ for a Time and Material
amount not to exceed $5,000 each (Fund No. 001-103010), and authorize the Board's Chairman
to execute the attached work orders.
Meeting Date: 6/9/2015
Prepared By
Name: HambrightGail
Title: Accountant, Growth Management Department
5/11/2015 11:02:51 AM
Submitted by
Title: Accountant, Growth Management Department
Name: HambrightGail
5/11/2015 11:02:52 AM
Approved By
Name: McAlpinGary
Title:Manager-Coastal Management Programs, Growth Management Department
Date: 5/12/2015 1:12:33 PM
Name: PuigJudy
Title: Operations Analyst,Growth Management Department
Date: 5/15/2015 2:59:32 PM
Name: Tara Castillo
Title: Management/Budget Analyst, Growth Management Department
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Date: 5/18/2015 1:25:06 PM
Name: PattersonAmy
Title: Manager-Impact Fees&EDC, Growth Management Department
Date: 5/18/2015 1:46:02 PM
Name: KearnsAllison
Title:Manager Financial &Operational Support, Growth Management Department
Date: 5/18/2015 2:21:48 PM
Name:NorthrupAdam
Title: Procurement Specialist,Administrative Services Department
Date: 5/18/2015 3:39:40 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Administrative Services Department
Date: 5/19/2015 7:09:14 AM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 5/19/2015 11:02:59 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 5/20/2015 12:13:35 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 5/20/2015 2:49:20 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/22/2015 12:55:24 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/22/2015 2:00:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/22/2015 4:31:44 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
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Date: 5/26/2015 1:12:21 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/26/2015 2:11:32 PM
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CB&l Coastal Planning & Engineering, Inc.
GB-11. • 2481 NW Boca Raton Blvd.
Boca Raton,FL 33431
Tel: +1 561 391 8102
Fax: +1 561 391 9116
www.CBI.com
April 17, 2015
Clint Perryman, Project Manager
Collier County Coastal Zone Management
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Collier County— Phase H Contingency FEMA Support
(Contract No. 13-6164-CZ "Professional Services: Architect and Engineering")
Dear Clint:
This letter is a proposal for hourly services for CB&I Coastal Planning & Engineering, Inc. (CB&I) to
perform staff engineering tasks under the above referenced contract, to support the County with the
FEMA appeal.
CB&I has been supporting Collier County in their response to FEMA's August 1, 2014 letter as the
County takes the position against the de-obligation of FEMA funding. In April, a CB&I senior engineer
accompanied the County to Washington, D.C. to present the County's case to FEMA. This proposal
includes time for staff familiar with the history of Collier's beach nourishment program to continue
supporting the County as needed for the FEMA appeal.
A fee proposal is included as Exhibit A, and the rate schedule is provided as Exhibit B. The cost with
time and materials is not to exceed $5,000.00.
All work will be completed within 180 days of receiving the Notice to Proceed.
V t ly yours,
Thomas P. Pierro, P.E.
Director
CB&I Coastal Planning & Engineering, Inc.
cc: Gary McAlpin, CZM
Tara Brenner, P.G., CB&l
Stephen Keehn, P.E., CB&I
Confidentiality Statement
The information contained in this proposal is confidential commercial information and shall not be disclosed, except for
evaluation purposes,provided that if a contract is awarded to C8&l as a result of or in connection with the submission of this
proposal,the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction
does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction.
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Et
Exhibit A
Fee Proposal
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Exhibit B
Rate Schedule
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Exhibit B
SCHEDULE B: RATE SCHEDULE
Standard Hourly
Title Rate
Principal $ 206.00
Senior Project Manager $ 172.00
Project Manager $ 147.00
Senior Engineer j $ 157.00
Engineer $ 123.00
Senior Inspector $ 96.00
Inspector $ 76.00
Senior Planner $ 139.00
Planner $ 110.00
Senior Designer $ 114.00
Designer $ 94.00
Environmental Specialist $ 109.00
Senior Environmental Specialist $ 134.00
Scientist/Geologist $ 93.00
Senior Scientist/Geologist $ 118.00
Marine Biologist/Hydrogeologist $ 110.00
Senior Marine Biologist/Hydrogeologist $ 138.00
Senior GIS Specialist $ 139.00
GIS Specialist $ 102.00
Clerical/Administrative $ 62.00
Senior Technician $ 85.00
Technician I $ 72.00
Surveyor and Mapper I $ 120.00
CADD Technician $ 81.00
Survey Crew-2 man $ 130.00
Survey Crew-3 man $ 161.00
Survey Crew-4 man $ 189.00
Senior Architect $ 154.00
Architect $ 121.00
This list is not intended to be all inclusive. Hourly rates for other categories of
professional, support and other services shall be mutually negotiated by Collier County
and firm on a project by project basis as needed.
B-1
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ATKINS
Professional Engineering Services
for
Phase II - Contingency FEMA Support
Collier Coastal Zone Management
Contract Number 13-6164-CZ
April 20, 2015
ATKINS is pleased to provide a scope of work for Collier County Coastal Zone Management
Department. The intention of this Work Assignment is to continue provide support to the County in
pursuit of deobligated FEMA funding. In accordance with Collier County Contract Number 13-6164-CZ
the following scope of work is presented herein.
SCOPE OF SERVICES
Atkins will provide coastal engineering support to the County including:
1) Review of historical information and documents from Hurricanes Katrina&Wilma.
2) Coordination meetings with the County personnel,County legal representatives and consultants.
3) Atkins will review and provide comment on correspondence from FEMA.
4) At the request of the County,travel to meetings with FEMA if necessary and budget allows.
Budget Estimate
Work for this assignment will be billed based on time and materials not to exceed an amount of
$5,000.00. Work will be billed to the County on a monthly basis based on the work completed for the
preceding month.The budget breakdown per project area is as follows:
Task 1 —Contingency FEMA Support $5,000.00
Total $5,000.00
Schedule Estimate
The following schedule of completion is anticipated.
1. Submit draft reports within 180 calendar days following the Notice-to-Proceed.
Assumptions
1. All existing information/documentation including, but not limited to, survey data, project permits,
environmental information,previous studies, CAD drawings and geotechnical information will be
,V %5"
Bryan r*. Flynn I bat
Sr. Project Manager
Atkins North America, Inc.
1
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Schedule A: Hourly Rates
Standard Hourly
Title Rate
Principal $ 206.00
Senior Project Manager $ 172.00
Project Manager $ 147.00
Senior Engineer $ 157.00
Engineer $ 123.00
Senior Inspector $ 96.00
Inspector $ 76.00
Senior Planner $ 139.00
Planner $ 110.00
Senior Designer $ 114.00
Designer $ 94.00
Environmental Specialist $ 109.00
Senior Environmental Specialist $ 134.00
Scientist/Geologist $ 93.00
Senior Scientist/Geologist S 118.00
Marine Biologist/Hydrogeologist $ 110.00
Senior Marine Biologist/Hydrogeologist S 138.00
Senior GIS Specialist $ 139.00
GIS Specialist $ 102.00
Clerical/Administrative $ 62.00
Senior Technician $ 85.00
Technician $ 72.00
Surveyor and Mapper $ 120.00
CADD Technician $ 81.00
Survey Crew-2 man $ 130.00
Survey Crew-3 man $ 161.00
Survey Crew-4 man $ 189.00
Senior Architect $ 154.00
Architect $ 121.00
This list is not intended to be all inclusive. Hourly rates for other categories of
professional, support and other services shall be mutually negotiated by Collier County
and firm on a project by project basis as needed.
k-1
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WORK ORDER/PURCHASE ORDER
Contract 13-6164-CZ Architect&Engineering"
Contract Expiration Date:March B,2019
This Work Order is for professional Engineering services for work known as: Phase II—Contingency
FEMA Support
Project Name:FEMA Support it
Project No:001-103010 1
The work is specified in the proposal dated April 20,2015 which is attached hereto and made a pan
of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above.
this Work Order/Purchase Order is assigned to: Atkins North America,Inc.
Scope of Work: As detailed in the attached proposal and the following:
+ Task 1 FEMA Support /
V
Schedule of Work Complete work within 180 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 No. 13.6164-CZ.Aill 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) [plump Sum Pius
Reimbursable Costs (LS+RC)®Tjme& Material (T&M)(established hourly rate—Schedule A)Q
Cost Plus Fixed Fee (CPFF). (define which method will be used for which tasks)as provided in the
attached proposal.
Task I $5,000.00(T&M)
TOTAL FEE $5.000.00(T&M)
PREPARED BY: � A4 31/ '
3 (iary M�Alpin. P.E:. 'ZM Manager Date
APPROVED BY: SY� � 377/45—
Am at n. Division Director Date
�1`�S APPROVED BY. /Air romp ,age -IV"l �
7 Nick Catalan i �partme I Head and Date
Deputy C + y imager
APPROVED BY: S.is.,s-
-
M: sackson.Division Director Corp, Date
Finance&Management Services
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(-)
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By the signature below, the Firm (including employees. officers and/or agents) certifies. and hereby
discloses.that.to the best of their knowledge and belief. all relevant facts concerning past.present.or
currently planned interest or activity (financial. contractual, organizational, or otherwise) which
relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully
disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order and/or project
duration.
ACCEPTED BY: Atki North Ammca, In .
Bryan . Flynn. Sr. Project/Manager Da e
Attest: BOARD OF COUNTY COMMISSIONERS
Dwight E.Brock,Clerk Collier County,Florida
BY: BY:
Tim Nance,Chairman
Deputy Clerk
ATTEST:
BY:
(Print Name/Title)
Approved as to Form and
Matra fly
i eeputy•
County Attorney
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WORK ORDER/PURCHASE ORDER
Contract I 3-6164-CZ'Architect& Engineering"
Contract Expiration Date:March 8,2019-#
This Work Order is for professional Engineering services for work known as: Phase Il Contingency
FEMA Support
Project Name: FEMA Response Assistance /
Project No:001-103010
The work is specified in the
spec' proposal dated April 17, 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/P'urchase Order is assigned to:CB&I Coastal Planning& Engineering. Inc.
Scope of Work: As detailed in the attached proposal and the following:
4 Task 1 FEMA Support /
f
Schedule of Work; Complete work within 180 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 # I 3-6164-CZAvill 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 methods) (]Negotiated Lump Sum (NLS) []Lump Sum Plus
Reimbursable Costs(LS+RC)®Tjtne& 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 $5,000.00(T&M) 1
TOTAL FEE 55,000.00(T&M)
PREPARED BY: Me.( 4. ) i Jul
d'/4011
GaryAlin. M Manager Date
Gary p Manager
6Y: �t114. .. , 5/'77 s
'Y Amy Pafl•rson, Dive+n Director Date
Aar
APPROVED BY: _ /'� / �/
Nick Casal, • ,ui, 4erla Ant II■- : and Date
Deputy '.0 yo anger
APPROVED BY: ./ ' s•i
Mark Ism:ckson,Division I ctor Corp. Date
Finance&Management Services
Page 1 of 2
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By the signature below, the Firm (including employees,officers and/or agents) certifies, and hereby
. discloses,that, to the best of their knowledge and belief,all relevant facts concerning past,present,or
currently planned interest or activity (financial, contractual, organizational, or otherwise) which
relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully
disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order and/or project
duration.
ACCEPTED BY: CB&I CoastalPlanni &Engineering, Inc.
(c--)1(1/1 5/14/15
Thomas P. Pierro, P.E., Director Date
Attest: BOARD OF COUNTY COMMISSIONERS
Dwight E.Brock,Clerk Collier County,Florida
BY:
BY:
Deputy Clerk Tim Nance,Chairman
ATTEST:
BY:
(Print Name/Title)
Approved as to Form and
Legality:
'4..6e/
eptuty County Atttorne --
a
1
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