Agenda 07/09/2013 Item #16D4 7/9/2013 16.D.4.
EXECUTIVE SUMMARY
Recommendation to declare a valid public emergency and to reinstate and extend expired Contract No.
11-5621 "Design for CAT Passenger Transfer Facility"with Atkins North America, Inc.,through Change
Order No.2,in order to add time to allow for final design, permitting and construction services.
OBJECTIVE: To obtain a declaration of a valid public emergency and to reinstate and extend expired Contract
No. 11-5621 so that engineering and construction services can continue to be provided, as originally solicited in
accordance with the Consultant's Competitive Negotiation Act (CCNA), under federal grant funding for
improvements to the Collier Area Transit (CAT) Administration, Operations & Maintenance Facility located at
8300 Radio Road.
CONSIDERATIONS: Collier County Board of County Commissioners approved a lawfully solicited CCNA
contract with Atkins North America, Inc. in the amount of$502,451.20 on September 13, 2011, to design and
permit improvements to the CAT Facility at 8300 Radio Road. These improvements include the addition of
Americans with Disabilities Act(ADA) improvements (i.e., passenger restrooms, elevator)to the administration
building, addition of a sawtooth bus bay and canopy, addition of a permanent fueling island and bus wash down
facility, environmental and site improvements and raising doors in the Maintenance Bay to allow use by Fleet
Management. There was sufficient funding provided for design of the improvements
Subsequent to contract approval, staff issued Change Order No. 1 to allow an expedited preparation of plans for
the Farebox Vault room in the amount of $9,990.00, and eighty seven (87) additional days to the project's
original 480 day period to extend the contract through June 17, 2013. That change order was necessary to allow
the timing of the vault room construction to coincide with the farebox installation contract.
Building permits applications were prepared and Atkins has submitted the required plans for the Site
Improvement process. Unfortunately, due to an administrative oversight, the contract was allowed to expire
before staff could bring a Change Order to the Board to extend the original contract's termination date. Staff
has prepared Change Order No. 2 to address this issue, which reinstates the original contract and extends the
completion date through December 31, 2013.
This project is important because it will provide a permanent fueling site and alleviate the need for the current
practice of fueling buses by truck. The installation of a permanent fueling station will promote safety.
Funds have been accumulating for this project over several years. At the request of the grantor (the Federal
Transit Administration—"FTA"), staff has identified a plan to expend grant funds on this project to avoid losing
funding. (see attached correspondence) Failure to extend the consultant's design contract would put the County
at risk of losing a minimum of$464,710 (or more) in FTA grant funds and thereby jeopardize the opportunity to
construct the project.
For the reasons stated above, staff requests the Board to declare a valid public emergency, to avoid the need to
re-solicit design services for this project and risk the potential loss of almost half a million dollars in federal
grant funds if the project is not bid by July 2013. Staff further requests that the Board reinstate and extend
Contract No. 11-5621 with Atkins, which was originally lawfully solicited under the CCNA and approved by
the Board, for an additional one hundred ninety seven (197) days to allow for comments to be addressed and
completion of final design and construction services of contract 11-5621 by approving Change Order No.2.
FISCAL IMPACT: Federal funding for the design is available in Collier Area Transit Fund 426, within
Project No. 35010. The source of funding is FTA Section 5309 grant funding with no local match requirement.
No additional funds are required as a result of this change order.
LEGAL CONSIDERATIONS: The County Attorney's Office is providing an"after the fact"review of staff's
request to reinstate and extend Contract No. 11-5621, which expired on June 17, 2013. The requested
reinstatement and extension is required so that the consultant can finish its work under this federal grant funded
project. The CCNA requires public agencies to make a public announcement of each occasion when
professional services are required to be purchased, except in cases of valid public emergencies.
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In Florida Attorney General Opinion 75-78, Escambia County asked the Attorney General v 7/9/2013 16.D.4.
employ another engineering firm on an emergency basis to meet a federal deadline when the contract of the
original engineering firm it had hired to perform the services was terminated. The Attorney General stated
"that under the express terms of the CCNA, a public body within the purview of the act is not required to
comply with the notice and competitive negotiation requirements of the act "in cases of valid public
emergencies so certified by the agency head. The question of what is an "emergency" is, of course, a question
of fact to be determined [by the board] in the particular context in which it arises." Fla. AGO at pg. 1.
Ultimately, the Attorney General opined that the facts stated by Escambia County (ie., the pressing necessity to
contract with an engineering firm in time to meet a deadline to qualify for federal funding) appeared to show a
`'pressing necessity or exigency" consistent with a valid public emergency. Id. at pg. 2. This item is approved as
to form and legality, and requires majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: Consistent with Objective 10 and 12 of the Transportation Element
of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners (1) declare a valid public emergency and
approve the reinstatement and extension of expired Contract No. 11-5621 to Atkins North America,Inc. and(2)
authorize the Chairwoman to sign the attached Change Order No. 2 memorializing the parties' agreement to
reinstate and extend the contract through December 31,2013.
Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Department.
Attachments:
• Change Order#1
• Change Order#2
• Contract Modification
• AGO Opinion
• FTA Letter
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7/9/2013 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to approve an extension of Contract No. 11-5621
"Design for CAT Passenger Transfer Facility" with Atkins North America, Inc., in order to add
time to allow for final design, permitting and construction services.
Meeting Date: 7/9/2013
Prepared By
Name: Scott Trinity
Title: VALUE MISSING
6/25/2013 9:43:52 AM
Submitted by
Title: VALUE MISSING
Name: Scott Trinity
6/25/2013 9:43:54 AM
Approved By
Name: OteroBrandy
Title: Project Manager, Associate,Transportation Engineer
Date: 6/26/2013 1:10:39 PM
Name: ArnoldMichelle
Title:Director-Alt Transportation Modes,Alternative Tr
Date: 6/27/2013 8:25:52 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 6/27/2013 10:58:43 AM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
Date: 6/27/2013 3:10:46 PM
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7/9/2013 16.D.4.
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 6/28/2013 2:23:34 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing& Ge
Date: 6/28/2013 2:40:39 PM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 6/28/2013 2:54:56 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 6/28/2013 2:58:36 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/28/2013 3:39:46 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/28/2013 4:43:55 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 7/1/2013 9:20:21 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/1/2013 9:47:10 AM
Name: OchsLeo
Title: County Manager
Date: 7/1/2013 1:30:22 PM
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_ 7/9/2013 16.D.4.
Coley ColottA
,,.,, .„rte—£ - ” >,,e..„. ..-. Purchasing Department
;=„or nalizive ServIces Divax Change Modification Form
Contract Change Request ❑Work Order Modification
i Contract#: 11- ..... Change#: I PO/Work Order#: I Project Name: Design Servicesfor CAT
5621 45005 133227 i Passenaer Transfer Facility
Project#: 35010 Project Manager: Department: Alternative l ContractorlFirm Name: Atkins North
Brandy Otero Transooration Modes i America
•
t/ Order 9- 3/11 15A24 Original BCC Approval Date; Agenda Item#
OriGina( Contract/Work �.r�er Amours 502,4ti1.20 R.
Current BCC Approved Amount $ 502,451.20 9.'13/11 15A24 Last BOO Approval Date: Agenda Item#
Current Contract/Work Order Amount $ 502.451.20 3/22/2013 SAP Contract Expiration Date (Masten
{Dollar Amount cf this Change $9.990.00 1.99% Total Change from Original Amount
,Revised Contract/Work Order Total $512,441 20 1.99% Change from Current BCC Approved Amount
Cumulative Changes $9.990.00 1.99% Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
{
Original completion date: March i Last approved completion date: 1 Revised completion cafe(includes this
22. 2013 I March 22. 2013 I change): June 17, 2013
Number of days added . 87 j Each step on the contract modification Checklist form has been reviewed prior to me
submitting for approval ((this box must be initialed by Project Manager)
Add new taskisi ❑ Change task(s) Li Delete task(s) 1 ❑ Other(specify):
i
i 1. Provide a detailed and specific explanation of the requested change(s) to the task(s)and/or the additional
days added: Add a task to prepare a separate set of permitting documents. construction documents, and bidding
documents for the farebox vault and to complete all activities associated with these items. Add time to include construction
N ! supervision. See attached scope of services.
f ,
Provide detailed rationale for the requested change:The purchase and installation of the farebox vault and are
2-
being funded with ARRA funding which must be spent prior to August 2013. In order to install the vault and expend the
funds prior to the grant deadline, it is necessary to expedite this project and make it a stand aicne project.
i
3. Provide explanation why change was not anticipated in original scope of work: The farebox contract was
delayed several months due to contracting issues. Due to the delay. the consultant was delayed receiving the
specifications for the farebox vault. In order to comply with grant requirements, it is now necessary to expedite the 1
farebox portion of the design project and make it a stand alone project.
4. Describe the impact if this change is not processed: The farebox vault will not be designed and constructed within
the grant deadline which may result in the County being out of compliance with the Grant requirements and possibly
losing funding
I
Type of Change/ Modification
'❑ 1. Planned' Elective lu 2 Unforeseen conditions/circumstance ❑ 3. Quantity or price adjustment
i 4 Correction of error s/ 2 5. Value added 6. Schedule adjustment
1 Change Requested By
I Contractor/Consultant ; ❑ Owner ❑ Using Department
j 10 Design Professional j ❑ Regulatory Agency)specify'(: _ i 71 Other(specify):
Purchasing Professional Participated in Negotiation of Change!Modification: ❑) Yes ❑ No
i
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7/9/2013 16.D.4.
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7/9/2013 16.D.4.
CHANGE ORDER
CHANGE ORDER NO. i CONTRACT NO. 1 ti62
BCC Date: 9/13!I 1
Agenda item: 16 24
TO: Nathan West
Atkins North America. Inc.
1514 Broadway. Suite 203
Fort Flyers. FL 33901
DATE: 9/14/12
PROJECT NAME: Design for CAT Passenger Transfer Facility
PROJECT NO.: 35010
Under our AGREEME NT dated September 13. 2011
You hereby are authorized and directed to make the followinc chantgetsi in accordance with
terms and conditions of the Agreement: Add Task 6.0: Preparation of Separate Farebox Construction
Documents including all items in the attached scope of services.
FOR THE 1i (Additive t Sum of: 59,991 (SNine Thousand Nine Hundred Ninety Dollars)_.
Original Agreement Amount 5502.451 20
Sum of Previous Changes Sf)
This Change Order add 59.990
Present Agreement Amount 55 12.440 20
The time for completion shall be increased by 87 calendar days due to this Change Order.
Accordingly, the Contract Time is now 567 calendar days. The final completion date is June 17. 2013.
Your acceptance of this Change Order shall constitute a modification to our Agreement and will be
performed subiect to all the same terms and conditions as contained in our =5.{?reeement indicated above.
as fully as if the same were repeated in this acceptance. The adjustment_ if any, to the Agreement shall
constitute a ;lull 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.
i �__. Packet Page-947-
7/9/2013 16.D.4.-
;
Prepared by:
Date: '
Brandy OteroAssociate Project Manager
Alternarivr-Transponation Modes
,
Accepted by: Date: V ;
David E. LonCAssociate Vice President
Atkins North America. Inc.
Approved by: LkU Date: - =2
Michelle Arnold, Alternative Transporation Modes
I I
Approved by: Date:_ f
Steve Cmell. Public Services Division
(
,A
Approved byi„./1"-Lik" ...tt '/V1/1,4/1/1,(7t Date: ,
Rhonda Cummings. Procurement,Str*ist
Alm*,
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7/9/2013 16.D.4.
CHANGE ORDER SCOPE
Contract # 11-5621
Design Services for Collier Area Transit (CAT) Transfer Facility
This work order is for supplemental professional engineering services on behalf
of Collier County (Contract 4 11-5621), for work known as Design Services for
Collier Area Transit (CAT) Passenger Transfer Facility
The work was submitted dated August 1 6, 201 2. which is hereto attached and made
a pan of this contract. In accordance with the "Terms and Conditions'. within the
Original A2.raement for Design Service for Collier Area Transit (CAT) Passenger
Transfer Facility (hereafter. Agreement) referenced above.
Scone of Work:
Task 6.0 Preparation of Separate Fare Box Construction Documents
CONSULTANT to provide permitting services and creation of additional informational
plan sheets (Cover sheet and general notes) for the preparation of a separate set of sign
and sealed contract documents in addition to the original contract documents, including
submitting and obtaining all applicable permits, for the construction of the fare box
improvements to the existing facility. CONSULTANT will prepare separate cost
estimates from the original cost estimates prepared as part of the original contract
agreement. The consultant acknowled=ges that these documents will he require a separate
bidding process and a separate set of bidding documents from the main set of contract
documents being prepared under the original contract agreement.
CONSULTANT will follow same submittal guidelines as shown in the original contract
w reement.
Schedule of Work: Contract Bidding Documents will be completed for
advertisement as directed by June 17. 2013. (See attached schedule)
Compensation: in accordance with "Article Five' Of the Agreement. the County
will compensate the designated firm in accordance with the negotiated Lump Sum
amount provided below (use the established hourly rate(s) as enumerated in
"Schedule A" of the Agreement).
Task 5.0: Preparation of Separate Farc Box Construction Documents 59,990.00
TOTAL $9,990.00
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7/9/2013 16.D.4.
Asookl
An', chanu e within monetar_✓ authority of this work order made subsequent to
`
uinai department approval will be considered an additional service and charaed
according to "Schedule A" of the Aiireement.
I 1
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Packet Page-951-
7/9/2013 16.D.4.
CHANGE ORDER
CHANGE ORDER NO. 2 CONTRACT NO. 11-5621
BCC Date: 9/13/11
Agenda Item: 16 A 24
TO: Nathan West
Atkins North America, Inc.
1514 Broadway, Suite 203
Fort Myers, FL 33901
DATE: 6/24/13
PROJECT NAME: Design for CAT Passenger Transfer Facility
PROJECT NO.: 35010
Under our AGREEMENT dated September 13, 2011
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: Add time to contract as shown below.
FOR THE Sum of: $0
Original Agreement Amount $502,451.20
Sum of Previous Changes $9.990.00
This Change Order add or deduct $0
Present Agreement Amount $512,440.20
The time for completion shall be increased by 197 calendar days due to this Change Order.
Accordingly, the Contract Time is now 764 calendar days. The final completion date is December 31,
2013. 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 fmal 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.
IN WITNESS WHEREOF,the Contractor and the County have each,respectively, by an authorized person or
agent,hereunder set their hands and seals on the date(s)indicated below.
Accepted: 20___
CS)
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7/9/2013 16.D.4.
A I EST:
OWNER:
Dwight E.Brock,Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Georgia AJ-Iilier. Esq.. Chain:,oman
CONTRACTOR:
Atkins\Niorth America BY:
Brandy:Otero, Associate Project Manage!
: Y (KAY-el,
Mark b. Micikas.PE DEPARTME,..NT DIRECTOR
By: 4(1: •
Michelle Arnold
Contractor First Witness,
ADMENISTRATOR
Type/Print witness name
By: -
Stever.amell —
Contractor Second Witness
PROCUREMENT STRATEGIST
Type/print witness name
By: :
Rhonda Cummings
Approved as to form and
Legal sufficiency:
Assistant County Attorney
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...
7/9/2013 16.D.4.
Purchasing Department
Change Modification Form
® Contract Change Request C❑Work Order Modification
Contract#: 11- Change#:2 PO/Work Order#: Project Name: Design Servicesfor CAT
5621 4500133227 Passenger Transfer Facility
Project#: 35010 Project Manager: Department:Alternative Contractor/Firm Name:Atkins North
Brandy Otero Transporation Modes America
Original ContractNVork Order Amount $ 502,451.20 9/13/11 16A24 Original BCC Approval Date;Agenda Item#
Current BCC Approved Amount $ 502,451.20 9/13111 16A24 Last BCC Approval Date;Agenda Item#
Current Contract/Work Order Amount $ 512,441.20 6/17/2013 SAP Contract Expiration Date(Master)
Dollar Amount of this Change $0.00 1.99% Total Change from Original Amount
Revised ContractlWork Order Total $512,441.20 1.99% Change from Current BCC Approved Amount
,Cumulative Changes $9,990.00 0.00% Change from Current Amount
Completion Date, Description of the Task(s)Change,and Rationale for the Change
Original completion date: March Last approved completion date: June i Revised completion date (includes this
22,2013 17,2013 I change): December 31. 2013
Number of days added : 197 Each step on the contract modification checklist form has been reviewed prior to me
submitting for approval (this box must be initialed by Project Manager)
❑ Add new task(s) ❑ Change task(s) I ❑ Delete task(s) 1. Other(specify):Add time to
allow for construction services.
11. Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional
days added: Add time to expired contract to allow for final design based on permitting review comments and to include
construction services.
2. Provide detailed rationale for the requested change:The consultant is required to respond to building permit
I review comments and to Requests for Information(RFI)and submittal reviews during construction.
3. Provide explanation why change was not anticipated in original scope of work:At the time of contract award,
there was not sufficient funding to construct the improvements to the facility and the consultant was tasked with developing a
master plan that would allow for phased construction. Funding has since been identified to complete the first phase of the
project. Building permits applications were prepared as funding was identified due to the fact that they are typically not
submitted until construction is imminent.The contract must be extended to allow for final design based on permit review
comments, and construction services.
4. Describe the impact if this change is not processed:The improvements to the facility will not be constructed within
the grant deadline which may result in the County being out of compliance with the grant requirements and possibly
losing funding.
Type of Change/Modification
❑ 1. Planned/Elective ® 2. Unforeseen conditions/circumstance ❑ 3. Quantity or price adjustment
0 4. Correction of error(s) ❑5. Value added _ 14 6. Schedule adjustment
Change Requested By
❑ Contractor/Consultant Cx Owner i ❑ Using Department
Design Professional ❑ Regulatory Agency(specify): ❑ Other(spec ):
Purchasing Professional Participated in Negotiation of Change/Modification: ❑Yes D No
Revised:5116112
1
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7/9/2013 16.D.4.
Approved by: • Date:6/25/13
Name and Title: ArandyCtero, Associate Project Manager
Reviewed by: Date: 6/25/13
Procurement Strategist's Name: Rhonda Cummings
Revised:5/16/12
2
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7/9/2013 16.D.4.
Purchasing Department
Adr'r rte Vices vision Change Modification Form
Purchasing
® Contract Change Request ❑Work Order Modification
Contract#: 11- Change#:2 PO/Work Order#: Project Name: Design Servicesfor CAT
5621 4500133227 Passen er Transfer Facility
Project#: 35010 Project Manager: Department: Alternative for/Firm Name:Atkins North
Brandy Otero Transporation Modes America
Original Contract/Work Order Amount $ 502,451.20 9/13/11 16A24 Original BCC Approval Date;Agenda Item#
Current BCC Approved Amount $ 502;451.20 9/13/11 16A24 Last BCC Approval Date; Agenda Item#
Current Contract/Work Order Amount $ 512,441.20 6/17/2013 SAP Contract Expiration Date (Master)
Dollar Amount of this Change $0.00 1.99% Total Change from Original Amount
Revised Contract/Work Order Total $512,441.20 1.99% Change from Current BCC Approved Amount
Cumulative Changes $9,990.00 0.00% Change from Current Amount
Completion Date, Description of the Task(s)Change,and Rationale for the Change
Original completion date: March Last approved completion date: June Revised completion date(includes this
22, 2013 17,2013 change): December 31, 2013
Number of days added : 197 Each step on the contract modification checklist form has been reviewed prior to me
submitting for approval (this box must be initialed by Project Manager)
❑Add new task(s) ❑ Change task(s) ❑ Delete task(s) ® Other(specify): Add time to
allow for construction services.
1. Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional
days added:Add time to expired contract to allow for final design based on permitting review comments and to include
construction services.
2. Provide detailed rationale for the requested change:The consultant is required to respond to building permit
review comments and to Requests for Information (RFI)and submittal reviews during construction.
3. Provide explanation why change was not anticipated in original scope of work:At the time of contract award,
there was not sufficient funding to construct the improvements to the facility and the consultant was tasked with developing a
master plan that would allow for phased construction. Funding has since been identified to complete the first phase of the
project. Building permits applications were prepared as funding was identified due to the fact that they are typically not
submitted until construction is imminent. The contract must be extended to allow for final design based on permit review
comments, and construction services.
4. Describe the impact if this change is not processed: The improvements to the facility will not be constructed within
the grant deadline which may result in the County being out of compliance with the grant requirements and possibly
losing funding.
Type of Change/'Modification
1. Planned/Elective 1212. Unforeseen conditions/circumstance ❑ 3. Quantity orprice adjustment
❑4. Correction of error(s) ❑ 5. Value added ED 6. Schedule adjustment
Change Requested By
❑ Contractor/Consultant Owner ❑ Using Department
❑ Design Professional ❑ Regulatory Agency (specify): ❑ Other(specify):
Purchasing Professional Participated in Negotiation of Change/Modification: ❑ Yes ❑ No
Revised:5/16/12
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Approved by: Date: 6/25/13 7/9/2013 16.D.4.
Name and Title: rand ro, Associate Project Manager
Reviewed by: ,. .T1 '��r::_ am Date: 6/25/13
Dcurement Strategist's Name: Rhonda Cummings
Revised:5/16112
2
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Advisory Legal Opinion - Consultants' competitive negotiation act 7/9/2013 16.D.4.
Florida Attorney General
Advisory Legal Opinion
Number: AGO 75-78
Date: March 18, 1975
Subject: Consultants' competitive negotiation act
CONSULTANTS ' COMPETITIVE NEGOTIATION ACT--CONTRACTING FOR EMERGENCY
SERVICES
To: Jack Greenhut, Escambia County Attorney, Pensacola
Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General
QUESTION:
May a board of county commissioners employ another engineering firm
to complete a study on an emergency basis in order to meet a federal
deadline when an engineering firm has failed to perform an
engineering contract at the time specified and its contract has been
terminated by the board?
SUMMARY:
Under the express terms of the Consultants ' Competitive Negotiation
Act, s. 287 . 055, F. S. , a board of county commissioners ma y, in case
of a valid public emergency so certified by it, contract for
professional architectural, engineering, or surveying services
without complying with the competitive negotiation requirements of
the act. The question of whether such an emergency exists is one of
fact to be initially determined by the board.
Under the express terms of the Consultants ' Competitive Negotiation
Act, s. 287. 055, F. S. (the "CCNA" hereafter) , a public body within
the purview of the act is not required to comply with the notice and
competitive negotiation requirements of the act "in cases of valid
public emergencies so certified by the agency head. " The question of
what is an "emergency" is, of course, a question of fact to be
determined in the particular context in which it arises . See 29A
C.J.S. Emergency, p. 141. Accord: City of Miami v. Gioia, 215 So.2d
780 (3 D.C.A. Fla. , 1968) , defining emergency within the purview of
a civil service rule relating to service in a higher classification
to mean "a pressing necessity or exigency, not necessarily wholly
unexpected. " See also Pace v. State ex rel . Smedley, 7 So.2d 595
(Fla. 1942) , affirming the trial court ' s finding on the pleadings
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Advisory Legal Opinion- Consultants' competitive negotiation act 7/9/2013 16.D.4.
that an emergency existed which justified the appointment of the
relator as executive head of a municipal department.
While the Florida courts have not spoken on the meaning of emergency
under the CCNA, the facts stated in your letter appear to be
sufficient to show a "pressing necessity or exigency" to contract
for an engineering study in time to meet the deadline for qualifying
for federal funding of the city' s sanitary sewer system. However,
the Attorney General is not a fact-finding official or body. The
question of whether an emergency existed must, under the express
terms of the statute, be initially determined or "certified" by the
board of county commissioners; and, should the board' s decision in
this respect be questioned, it should be resolved in an appropriate
proceeding in which both sides of the controversy may be heard.
http://w�vw.myfloridalegal.comiago.nstypri_Packet page:959�DFC854FD$52566B8006F16... 7/2/2013
7/9/2013 16.D.4.
COltier GOTS ireitY
Public Services Division
Alternative Transportation Modes
February 4, 2013
Mr. Dudley Whyte, Director
Federal Transit Administration, Region IV
Operations &Program Management
230 Peachtree,NW
Suite 800
Atlanta, Georgia 30303
Re: Closeout Exclusion Request for FL040033 and FL040034
Dear Mr. Whyte:
Please accept this letter as justification for the granting of our Closeout Exclusion Request for
FL040033 and FL040034. You will see from the information provided that Collier County has
been diligently working towards the expenditure of the funds and is ready to proceed with a
comprehensive development of its Transit Operations Facility.
Collier County purchased the site at 8300 Radio Road in 2005 which was an old car dealership.
Required repairs and minimal improvements were made to the property to allow it to function as
a transit operations and maintenance facility. After working with area residents to minimize
impacts, Collier County was granted a conditional use to allow the facility to serve as a
secondary transfer center in March 2010. Minor improvements were completed in January 2011
(portable restroorns, signage and striping to delineate boarding and alighting for bus transfers)
with local funding so the preliminary transfer activities could take place at the facility until such
time that permanent improvements could be made. Today, the facility houses the transit
administration offices, vehicle storage and maintenance facility, and a temporary transfer center.
Collier Area Transit (CAT) buses are fueled by a fuel truck that is stationed on site and there are
no permanent passenger facilities.
In fiscal years 2006 & 2007, the Federal Transit Administration (FTA) awarded funding for the
construction of a permanent fueling island. In order to utilize these federal funds, an
environmental assessment had to be completed and approved by FTA. Collier County
Alternative Transportation Modes (ATM) staff completed the required environmental
assessment, which resulted in notification from FTA on January 27, 2012 that the project
qualified for a categorical exclusion(CE).
Afterratve Transportation Modes.3299 Tamiani Trai East,Suite 103.Naples.Honda 34112-5746.239-252-5840•FAX 239-252-6628 mrw.colliergov.net
Packet Page-960-
7/9/2013 16.D.4.-
Mr. Dudley Whyte
February 4, 2013
Page 2
On September 13, 2011, the Collier County Board of County Commissioners (BCC) approved
the award of a contract to Atkins North America, Inc. for the design of upcoming and future
planned improvements at the facility on Radio Road. The design project includes the addition of
a permanent transfer station, construction of a fueling_ island and bus wash facility, construction
of permanent passenger restroom facilities and other necessary improvements to enhance safety,
security, operations and Americans with Disabilities Act (ADA) accessibility. The consultant
was charged with creating a"master plan"as part of this project to allow for phased construction
as funding allows. ATM staff has received 60% design plans and are working with the design
professional towards 90% design plans. This master plan and design process is being funded
from FTA Section 5309, FY 2003 funds (Grant#FL030264), which is highlighted below.
Phase one of this project will consist of the addition of an elevator in the main building,
permanent ADA accessible passenger restrooms, site access, upgrade of perimeter sidewalks,
resurfacing of existing paved area, permanent fueling station and required site improvements to
the existing water retention area. The following grants have been committed to phase one of this
project:
FTA Fiscal Grant# ALI Description Amount
Section Year
5309 2003 FL030264* 11.31.01 Preliminary Design & $737,759
Engineering
5309 2009 FL040117 11.71.04 Construction Management $120,000
5309 2009 FL040117 11.44.03 Restrooms $109,375
5309 2009 FL040117 11.32.07 Money Room Security $17,630
Door
5309 2007 _ FL040033 11.44.03 Fuel Tank $238.000
5309 2006 FL040034 11.44.03 Fuel Tank $226,710
5307 2012 FL90X784 11.44.03 _ Oil Water Separator $130,000
5307 2012 FL90X784 11.34.01 Bus Terminal $25,435
5307 2012 FL90X784 11.34.07 Security $42,797
5307 2011 FL90X766 11.34.07 Lighting $25,046
5307 2010 FL90X731 11.32.07 Gate $25,365
5307 2009 FL90X699 11.44.03 Saw tooth Bus Bay, ADA $392,137
_ Restrooms
* Funding expended towards project
The Collier Metropolitan Planning Organization (MPO) has recognized the importance of this
project and has scheduled a Transportation Improvement Plan (TIP) amendment for its February
8, 2013 Board meeting to transfer approximately $1.2M from Federal Highway Administration
to FTA toward this capital improvement.
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7/9/2013 16.D.4.
Mr. Dudley Whyte
February 4, 2013
Page 3 otiok
Furthermore, Collier County is working with FTA to complete budget amendments on the
following projects to ensure that residual funds from projects expended and completed can be
applied to the Radio Road Facility project to secure its viability as depicted in the following
table.
FTA Fiscal Grant# Current Description Proposed Description Residual S
Section Year ALI ALI Amount?
5309 08 FL0400047 11.44.03 Generator 11.44.03 Fuel Tank $62,618.62
5307 11 FL90X766 11.12.02 Bus 11.34.07 Lighting $2,333
Replacement
5307 11 FL90X766 11.12.02 Bus 11.34.07 Lighting $3,093
Replacement
5307 10 FL90X731 11.12.02 Bus 11.32.07 Gate $16,711.33
Replacement
As described above, this is a large capital investment that Collier County has been diligently
working toward over multiple years. Collier County will place the project out to bid in July 2013
and award by the end of the calendar year, with construction being completed by December 31,
2015.
Collier County respectfully requests an exclusion from close out for grants FL040033 and
Avow
FL040034, as they are linked to an active grant (FL030264), which is progressing through the
design process. Furthermore, Collier County has secured adequate funding to construct Phase
one, which will be bid by July 2013, which will result in all of the above referenced grant funds
being expended.
Thank you for your consideration of this matter. I look forward to your response.
If you have any questions or need additional information, please do not hesitate to contact me at
MichelleArnoldicTeollieraov.net or via telephone at (239) 252-5841, if I am unavailable, please
contact Trinity Scott,Public Transit Manager at trinitrscottacollieraov.net or(239) 252-5832.
Best Regards,
It vita■
Michelle Edwards Arnold, Director
Collier County Alternative Transportation Modes Department
cc: Steve Carnell,Public Service Division Administrator
Christopher White, FTA Region IV, Program Manager
Trinity Scott, Public Transit Manager
dook
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