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Agenda 10/22/2013 Item #16C3 10/22/2013 16.C.3. EXECUTIVE SUMMARY Recommendation to approve payment to CDM Smith, Inc., for work completed subsequent to the Board-approved Mediated Settlement Agreement on May 14, 2013 in the lawsuit entitled Collier County v. John Reynolds & Sons, Inc., et al. OBJECTIVE: For the Board to approve payment to CDM Smith, Inc., (CDM) in the amount of $8,854.50 for work performed subsequent to the Board's approval of the mediated settlement agreement. CONSIDERATIONS: During the execution of the repair work to restore the South Reverse Osmosis Wellfield to full operation, CDM and its sub-consultant Greeley and Hansen, LLC offered to provide services at no charge to the County during the pending litigation. Staff executed work order 4500143214 on April 10, 2013, in the amount of $0 to document services rendered by CDM on the project during the remainder of the litigation to act as a record for use during the negotiated settlement or future court action. CDM was performing services consistent with this work order when a mediated settlement agreement was brought before the Board for approval on May 14, 2013. Section 14 of the settlement agreement provided that payment to CDM for services rendered in conjunction with the repair work would commence upon approval of the settlement agreement by the Board. Staff began the preparation of a new work order at that time and issued a notice to proceed for the work order (#4500144220) in the amount of $50,843.00 on June 20, 2013. CDM submitted an invoice to the County for services rendered between the May 14, 2013, Board approval of the mediated settlement, and the June 20, 2013, notice to proceed date of the subsequent work order. After discussions among the County Attorney's Office, Purchasing and Clerk of Court's Finance staff determined that the appropriate method to address this gap would be to request Board approval of payment of services rendered between May 14, 2013 and June 20, 2013. FISCAL IMPACT: This project is consistent with the FY14 Capital Budget approved by the Board on September 19, 2013. The source of funding is the Water User Fee Fund (412). 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, approve payment in the amount of $8,854.50 to CDM Smith, Inc. for work completed subsequent to its May 14, 2013, approval of a Mediated Settlement Agreement in the lawsuit entitled Collier County v. John Reynolds & Sons, Inc., et al. Prepared By: Mark J. Sunyak, P.E., Principal Project Manager, Public Utilities Planning and Project Management Department. Attachments: CDM Smith Invoice Packet Page-718- 10/22/2013 16.C.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.3. Item Summary: Recommendation to approve and ratify payment of$8,854.50 to CDM Smith, Inc., for work completed subsequent to the Mediated Settlement Agreement approved by the Board of County Commissioners on May 14, 2013, in the lawsuit titled Collier County v. John Reynolds &Sons, Inc., et al. Meeting Date: 10/22/2013 Prepared By Name: SunyakMark Title: Project Manager,Principal,Public Utilities Engine 9/27/2013 11:22:25 AM Submitted by Title: Project Manager, Principal,Public Utilities Engine Name: SunyakMark 9/27/2013 11:22:27 AM Approved By Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 9/27/2013 12:42:22 PM Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 9/27/2013 1:28:45 PM Name: Steve Messner Title: Plant Manager,Water Date: 9/27/2013 5:19:59 PM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 9/27/2013 6:44:42 PM Packet Page-719- 10/22/2013 16.C.3. Name: JacobsSusan Title: Operations Analyst,Public Utilities Date: 9/30/2013 11:35:13 AM Name: ChmelikTom Title: Director,Public Utilities Engineering Date: 9/30/2013 12:24:24 PM Name: Joseph Bellone Title:Manager-Utility Billing&Cust Serv.,Utilities F Date: 9/30/2013 1:18:27 PM Name: YilmazGeorge Title:Administrator, Public Utilities Date: 10/2/2013 10:39:51 AM Name: TeachScott Title:Deputy County Attorney,County Attorney Date: 10/9/2013 2:00:11 PM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 2:58:13 PM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Manage Date: 10/11/2013 10:35:13 AM Name: OchsLeo Title: County Manager Date: 10/12/2013 1:04:58 PM Packet Page-720- CDIVI 10/22/2013 16.C.3. Smith 2180 W.First Street,Suite 400 Karl Myers,Florida 33901 tel: 239 938-9600 : 239 339-6418 Please Remit To: COLLIER COUNTY CDM SMITH INC. MARK J.SUNYAK,P.E.,PRINCIPAL PROJECT MANAGER 15050 COLLECTIONS CENTER DRIVE COLLIER COUNTY PUBLIC UTILITIES DIVISION PLANNING& CHICAGO,ILLINOIS 60693 PROJECT MANAGEMENT DEPARTMENT 3339 TAMIAMI TRAIL EAST,SUITE 303 NAPLES,FL 34112 AUGUST 2,2013 INVOICE NUMBER:80466119/1 PROJECT NUMBER:99128 P.O.NUMBER:4500144220 Amount Due $8,854.50 This Invoice: PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE In accordance with Contract Number 04-3593 dated June 8,2013,CDM Smith Proposal dated May 15,2013,Work Order dated June 13, 2013,Purchase Order Number 4500144220 dated June 20,2013 and Collier County Project Number 70030.2.3 between the Collier County Board of County Commissioners and CDM Smith Inc.,we are submitting the following invoice for engineering services. RE: SOUTH REVERSE OSMOSIS WELLFIELD REPAIR PHASE 2 Services from May 15,2013 to June 19,2013. TASK 1 PROJECT MANAGEMENT SERVICES irect Labor Description Hours Rate Total Cost VICE PRESIDENT 1.5 225.00 $ 337.50 Total: 1.5 $ 337.50 Outside Professionals Subconsultant Amount GREELEY&HANSEN LLP $ 2,601.00 Total: $ 2,601.00 Total for TASK 1 PROJECT MANAGEMENT SERVICES: $ 2,938.50 Page I Packet Page-721- C11/1 10/22/2013 16.C.3. SmIth Please Remit To: COLLIER COUNTY CDM SMITH INC. MARK J.SUNYAK,P.E.,PRINCIPAL PROJECT MANAGER 15050 COLLECTIONS CENTER DRIVE COLLIER COUNTY PUBLIC UTILITIES DIVISION PLANNING& CHICAGO,ILLINOIS 60693 PROJECT MANAGEMENT DEPARTMENT 3339 TAMIAMI TRAIL EAST,SUITE 303 NAPLES,FL 34112 AUGUST 2,2013 INVOICE NUMBER:80466119/1 PROJECT NUMBER:99128 P.O.NUMBER:4500144220 Amount Due $8,854.50 This Invoice: PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE TASK 2 CONSTRUCTION SUPPORT AND OVERSIGHT Outside Professionals Subconsultant Amount GREELEY&HANSEN LLP $ 5,916.00 Total: $ 5,916.00 Total for TASK 2 CONSTRUCTION SUPPORT AND OVERSIGHT $ 5,916.00 Total: $ 8,854.50 ist\31.04 8-02-13 Ashan Nabbie,Senior Contract Administrator Date I certify that everything on this invoice is correct. Page 2 Packet Page -722- CDM 10/22/2013 16.C.3. Smith Please Remit To: CDM SMITH INC. COLLIER COUNTY 15050 COLLECTIONS CENTER DRIVE MARK J.SUNYAK,P.E.,PRINCIPAL PROJECT MANAGER CHICAGO,ILLINOIS 60693 COLLIER COUNTY PUBLIC UTILITIES DIVISION PLANNING &PROJECT MANAGEMENT DEPARTMENT 3339 TAMIAMI TRAIL EAST,SUITE 303 AUGUST 2,2013 NAPLES,FL 34112 INVOICE NUMBER:80466119/1 PROJECT NUMBER:99128 P.O.NUMBER:4500144220 Amount Due $8,854.50 This Invoice: PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE TASK 1 PROJECT MANAGEMENT SERVICES Monthly Summary Inception to Date Summary Invoiced Previously: $ 0.00 Invoiced ITD: $ 2,938.50 Total Contract Amount: $ 12,020.00 Balance Remaining: $ 9,081.50 Total Due This Task: $ 2,938.50 Percent Complete: 24.45% TASK 2 CONSTRUCTION SUPPORT AND OVERSIGHT Monthly Summary Inception to Date Summary Invoiced Previously: $ 0.00 Invoiced ITD: $ 5,916.00 Total Contract Amount: $ 19,484.00 Balance Remaining: $ 13,568.00 Total Due This Task: $ 5,916.00 Percent Complete: 30.36% Packet Page-723- CDC 10/22/2013 16.C.3. Smith Please Remit To: CDM SMITH INC. 15050 COLLECTIONS CENTER DRIVE COLLIER COUNTY CHICAGO,ILLINOIS 60693 MARK J.SUNYAK,P.E.,PRINCIPAL PROJECT MANAGER COLLIER COUNTY PUBLIC UTILITIES DIVISION PLANNING &PROJECT MANAGEMENT DEPARTMENT 3339 TAMIAMI TRAIL EAST,SUITE 303 AUGUST 2,2013 NAPLES,FL 34112 INVOICE NUMBER:80466119/1 PROJECT NUMBER:99128 P.O.NUMBER:4500144220 Amount Due $8,854.50 This Invoice: PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE TASK 3 POST-CONSTRUCTION AND WARRANTY PERIOD SUPPORT SERVICES Monthly Summary Inception to Date Summary Invoiced Previously: $ 0.00 Invoiced ITD: $ 0.00 Total Contract Amount: $ 19,339.00 Balance Remaining: $ 19,339.00 Total Due This Task: $ 0.00 Percent Complete: 0.00% Packet Page-724- 10/22/2013 16.C.3. GREELEY AND HANSEN 100 S.Wacker Drive,Suite 1400 Chicago,Illinois 60606 p 312 558 9000 July 19,2013 if ' €r r ;114 13125581986 J » a_c�: , 9 : wnv.greeley-hansen.com ie JUG.. 25 MM3 ', CDM Smith Mr. Paul Pinault, P.E. CDM Smith Associate FORT MYERS, FLORIDA 2180 West First Street, Suite 400 Ft Myers, FL 33901 Subject COLLIER CO SRO TRANSMISSION MAIN REPAIR PHASE 2 COMPLETION CONTRACT NO. 04-3593,Project No.750 P.O.4500143214 Invoice Dear Mr. Pinault Enclosed is our invoice for the engineering services associated with Collier Co SRO Transmission Main Repair Phase 2 Completion Project.The subject invoice summary covers for the period from May 15,2013 through June 19,2013 as follows: Invoice No. G&H Project No. Description Amount ($) INV-0000383114 0667D.01 Project#750-Collier Co SRO Transmission Main $ 8,517.00 Repair Phase 2 Completion Project Total Amount Due $ 8,517.00 Please advise if there are any questions regarding the invoice.Thank you. Yours very truly, Greeley and Hansen . � r''�� MATERlALJSERVICES RECD. { CHARGE TO: Kevin L. Higginson, P.E. Client Project Subtask Project Manager WORK GROUP NO. SI DATE jL Enclosure APPROVAL �-� KLH/mes .411-91-\--- G.L.ACCT.(For Acctg.Use Only) Packet Page-725- 10/22/2013 16.C.3. GREELEY AND HANSEN For customer service,call 312 578 2375. P.O.Box 6197 Chicago.Illinois 60680-6197 p 312 558 9000 www.g reel ey-ha n se n.co m Invoice Number: INV-0000383114 Invoice Date: 07/19/2013 Description: COLLIER COUNTY SRO TRANSMISSION MAIN REPAIR PHASE 2 COMPLETION. Bill To: Remit To: CDM SMITH GREELEY AND HANSEN MR. PAUL PINAULT, P.E. LBX 619776 ASSOCIATE,CLIENT SERVICE MANAGER P.O.Box 6197 2180 WEST FIRST STREET,SUITE 400 FORT MYERS,FL 33901 CHICAGO,IL 60680-6197 Contract Value Customer Number: 0667 Cost: 39,512.00 Prime Contract Number: CONTRACT 04-3593 Fee: 0.00 Total: 39,512.00 Project Number: 0657D.01 Cumulative Amount Billed: 8,517.00 Project Name: COLLIER CO SRO TRANSMISSI Terms: NET 30 Billing Period From: 05/15/2013 Due Date: 08/18/2013 To:06/19/2013 Current Current Cumulative Hours Rate Amount Amount HIGGINSON, KEVIN L 51.50 153.0000 7,879.50 7,879.50 WHITE,JOHN M 7.50 85.0000 637.50 637.50 Labor 59.00 8,517.00 8,517.00 invoice Total 8,517.00 8,517.00 Current Incurred Hours: 59.00 Page: 1 Packet Page -726- 10/22/2013 16.C.3. ' �q GREELEY AND HA H SEN For customer service,call 312 578 2375. P.O.Box 6197 Chicago,Illinois 60680-6197 Invoice Number: INV-0000383114 p 312558900pwoice Date: 07/19/2013 tiwvw.greeley hansen.corn Description: COLLIER COUNTY SRO TRANSMISSION MAIN REPAIR PHASE 2 COMPLETION Bill To: Remit To: CDM SMITH GREELEY AND HANSEN MR.PAUL PINAULT,P.E. LBX 619776 ASSOCIATE,CLIENT SERVICE MANAGER P.O.BOX 6197 2180 WEST FIRST STREET,SUITE 400 CHICAGO,IL 60680-6197 FORT MYERS,FL 33901 Customer Number: 0667 Prime Contract Number: CONTRACT 04-3593 Customer PO Number: 4500143214 Project Number: 06670.01.100 Project Name: COWER CO SRO TRANSMISSION-PROJECT MANAGEMENT Terms: NET 30 Billing Period From: 05/15/2013 Due Date: 08/23/2013 To: 06/19/2013 Current Current Cumulative Hours Rate Amount Amount HIGGINSON,KEVIN L 17.00 153.0000 2,601.00 2,601.00 Labor 17.00 2,601.00 2,601.00 Invoice Total 2,601.00 2,601.00 huffy 10 - . ASicl,fitk Packet Page-727- 10/22/2013 16.C.3. 1- Gp,;,EELE AND HAh 1 S; For customer service,call 312 578 2375. P.O.Box 6197 Chicago,Illinois 60680-6197 Invoice Number: INV-0000383114 p 312 558 900Qnvoice Date: 07/19/2013 www.gteeley-hansen.com Description: COLLIER COUNTY SRO TRANSMISSION MAIN REPAIR PHASE 2 COMPLETION Bill To: Remit To: CDM SMITH GREELEY AND HANSEN MR.PAUL PINAULT,P.E. LBX 619776 ASSOCIATE,CLIENT SERVICE MANAGER P.Q.BOX 6197 2180 WEST FIRST STREET,SUITE 400 CHICAGO,IL 60680-6197 FORT MYERS,FL 33901 Customer Number: 0667 Prime Contract Number: CONTRACT 04-3593 Customer PO Number: 4500143214 Project Number. 06670.01.200 Project Name: COLLIER CO SRO TRANSMISSION-CONSTRUCTION PHASE Terms: NET 30 Billing Period From: 05/15/2013 Due Date: 08/23/2013 To: 06/19/2013 Current Current Cumulative Hours Rate Amount Amount HIGGINSON,KEVIN L 34.50 153.0000 5,278.50 5,278.50 WHITE,JOHN M 7.50 85.0000 637.50 637.50 Labor 42.00 5,916.00 5,916.00 Invoice Total 5,916.00 5,916.00 (j)0V-,0 o ; G S- 9512-1 C . C S • Packet Page-728-