Agenda 04/26/2011 Item #16A6
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4/26/2011 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation to terminate the contract awarded to Atkins North America, Inc. d/b/a
Post, Buckley, Schuh & Jernigan, Inc. e'PBS&J") for "Professional CEI Services for
SR84 from Radio Road to CR 951" Contract No. 07-3947, Project No. 60073; and, to
terminate the contract awarded to KCCS, Inc. for "Professional CEI Services for Collier
Boulevard from US 41 to Main Golden Gate Canal" Contract No. 06-3947, Project No.
60001.
OBJECTIVE: To obtain the Board's approval to terminate Agreement No. 07-3947 awarded
to PBS&J on October 13,2009, for Professional CEI Services for SR 84 (Davis Boulevard) from
west of Radio Road to SR'951 (Collier Boulevard) (project 60073); and to terminate Agreement
No. 06-3947 awarded to KCCS on October 24, 2006, for Professional CEI Services for SR/CR
951 (Collier Boulevard) from US41 to the Main Golden Gate Canal (project 60001). These
contracts are being terminated for convenience as allowable under Article 12, section 12.3 of
each of the respective agreements. After the termination of those agreements, the County will
issue an RFP for Professional CEI Services for the now combined projects, whose new project
limits consist of construction on Davis Boulevard from Radio Road to Collier Boulevard
including intersection improvements to Davis Boulevard and Collier Boulevard and continuing
north to the Main Golden Gate Canal.
CONSIDERATIONS: The following is a history of the events leading up to the
recommendation to tenninate these agreements. In 2006 KCCS was selected to provide CEI
services for Collier Boulevard from US41 to the Main Golden Gate Canal under Contract No.
06-3947 (project No. 60001) for $3,626,570.00. The project was split into two segments at the
intersection with Davis Boulevard. The split allowed for the construction of the US 41 to Davis
Boulevard to be completed in 2010 with $1,335,497.28 remaining on the KCCS contract In
December 2010, the County suspended KCCS's contract to allow for the completion of the
design and pennitting of the remainder of Collier Blvd from Davis Boulevard to Main Golden
Gate Canal.
The County issued Invitation To Negotiate #07-3947 in 2007 to select CEI firms for six
projects; which included Project No. 60073 (Davis Boulevard west of Radio Road to Collier
Boulevard). The County selected PBS&J, with FDOT approval, to provide CEl Services for the
Project under Contract No. 07-3947; which was approved by the BCC on October 13, 2009. The
duration of the contract is for 18 months in the amount of$1,363,917.00.
The Davis Boulevard (project No. 60073) west of Radio Road to Collier Boulevard project is
being constructed through a Joint Participation Agreement (JPA) between the County and
FDOT. The original JPA provides that the County is to fund the construction and provide CEl
services for Phase II of that Project in FY 2007/2008, with FDOT reimbursing the County on a
schedule of four (4) annual payments of Five Million Dollars ($5,000,000.00) each year for a
total reimbursement of Twenty Million Dollars ($20,000,000.00). Payback in that agreement is
scheduled to begin no earlier than July 1,2012. FDOT has since revised its repayment schedule
to 10 quarterly payments over 2.5 years.
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4/26/2011 Item 16.A.6.
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In FY2010, the Collier Blvd extension portion of the road construction project (from Davis Blvd
to the Main Golden Gate Canal) was given a new Work Breakdown Structure and assigned a
new Project Number, No. 60092. Two thirds of Project Number 60092 limits lies within the
FDOT limited access right-of-way and, as a result, the design required several FDOT
coordination and approvals.
The limits of the FDOT Phase II design improvements to Davis Blvd. did not extend beyond the
curb returns at Collier Blvd and was only limited to Davis Blvd from Radio Road to Collier
Blvd. Staff negotiated with FDOT to extend the limits of the Davis Blvd. Project to include the
intersection and Collier Blvd extending north to Magnolia Pond Drive and east to include Beck
Blvd. The engineer's estimated construction cost for the Davis Boulevard Phase II is $8.5 milli,on
dollars and FDOT agreed to allow the remainder up to 20 million dollars to be used for
improvements of Collier Blvd. within the agreed upon limits.
On July 27, 2010 the BCC approved an amendment to the JPA and a Resolution (Agenda Item #
16A20) with FDOT, which changes the limits of reimbursement for the SR 84 (Davis Blvd.)
Phase II project to include a portion SR/CR 951; as long as the reimbursement is within the
initial 20 million dollar budget. The new limits consists of construction and CEI services on the
Davis Boulevard from Radio Road to Collier Boulevard project, including intersection
improvements to Davis Boulevard and Collier Boulevard and continuing north to Magnolia
Pond Drive. The amended JP A requires the CEI Services to be carried out as though it is an
FDOT Project in order to receive reimbursement, which further expands the scope of the original
CEI contract for Collier Boulevard.
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In consideration of the complexity of this project, which now has three (3) design engineers of
record and a total of five (5) segments of work, and the need to provide construction
documentation at a level that would meet FDOT's requirements for the reimbursement of funds,
staff revisited the provision of CEI services for this now combined project. Staff and FDOT
.concurred that having two CEl consultants managing this project would be counterproductive.
Therefore; the current CEl contracts will be terminated and a RFP will be advertised to procure
Professional CEI services for the combined project.
FISCAL IMP ACT: Funds in the amount of $2,660,634.10 will go back and credited into
Impact Fee District 4. $1,325,136.82 from the termination of KCCs, Inc. contract; and.,
$1,335,497.28 from the tenl1ination ofPBS&J contract.
GROWTH MANAGEMENT: This Project is consistent with the County's Growth
Management Plan and the MPO's Long Range Transportation Plan.
LEGAL CONSIDERATIONS: Article 12, Section 12.3 of Contract Numbers 06-3947 and
07-3947 allows for the County to terminate those agreements for convenience upon seven (7)
days written notice. This item has been reviewed and approved by the County Attorney's Office,
is legally sufficient for Board action and only requires a majority vote for Board approval-SRT.
RECOMMENDATION: That the Board of County Commissioners terminates Contract No.
06-3947 with KCCS and Contract No. 07-3947 with PBS&J, for convenience, and directs the
County Manager or designee to readvertise an RFP to procure professional CEI Services for Ii
. single unified project.
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4/26/2011 Item 16.A.6.
Prepared by Marlene Messam, P.E., Sr. Project Manager, Transportation Engineering.
Attachments are, 1) Termination Letter to Atkins d.b.a. PBS&J; 2) Termination Letter to KCCS.
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4/26/2011 Item 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
Item Summary: Recommendation to terminate the contract awarded to Atkins North
America, Inc. d/b/a Post, Buckley, Schuh & Jernigan, Inc. ("PBS&J") for "Professional CEI
Services for SR84 from Radio Road to CR 951" Contract No. 07~3947, Project No. 60073; and, to
terminate the contract awarded to KCCS, Inc. for "Professional CEI Services for Collier Boulevard
from US 41 to Main Golden Gate Canalll Contract No. 06-3947, Project No. 60001.
Meeting Date: 4/26/2011
Prepared By
Name: MessamMarlene
Title: Project Manager, Senior,Transportation Engineering & Construction Management
4/6/201110:21:49 AM
Submitted by
Title: Project Manager, Senior,Transportation Engineering & Construction Management
Name: MessamMarlene
4/6/2011 10:21:50 AM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineer
Date: 4/11/2011 11: 15:38 AM
Name: CamellSteve
Title: Director ~ Purchasing/General Services,Purchasing
Date: 4/12/2011 7:21:34 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 4/12/20112:27:56 PM
Name: TaylorLisa
Title: ManagementfBudget Analyst,Transportation Administr
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4/26/2011 Item 16.A.6.
Date: 4/12/2011 2:32:17 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/12/2011 2:36:30 PM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 4/13/2011 3:33:42 PM
Name: FederNonnan
Title: Administrator - Growth Management Div,Transportati
Date: 4/14/2011 6:42:01 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/14/2011 10:37:32 AM
Name: Marcel1aJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/14/2011 2:36:01 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/18/2011 9:23:19 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 4/18/2011 2:43:24 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/1 8/2011 4:36:28 PM
Narne:lsacksonMark
Title: Director-Corp Financial and Mgm~ Svs,CMO
Date: 4/19/2011 10:01:22 AM
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4/26/2011 Item 16.A.6.
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CoI6erCounty
Administrative Services Division
Purcilasing
March 22,2011
KCCS, Inc.
Joaquin M. Campo, P.E. Chief Executive Officer
2203 North Lois Avenue
Suite 1200
Tampa, FL 33607
Re: Contract # 06-3947 "Collier Blvd. US41 to Golden Gate Main Canal"
Notice of Intent to Terminate Contract
Dear Mr. Campo:
As per the provisions of Article 12. Termination or Suspension, of the above referenced
contract, the County intends to terminate this contract for convenience. Section 12.3 states.
"OWNER shall have the right to terminate this Agreement, in whole or in part, without cause
upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination
for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of
the fee earned through the date of termination, together with any retainage withheld and any
costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against OWNER, including,
but not limited to, anticipated fees or profits on work not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible".
12.4. "Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control".
This action shall be effective upon Board approval at the April 26, 2011 meeting. This letter shall
serve as the required seven (7) day written notice. There are currently no outstanding invoices
and KCCS, Inc. has been paid for all work completed on this contract to date.
Should you have any further questions, please contact me at 239/252-8941 or I can be em ailed
at rhondac.ummings@colliergov.net
Thank you for your prompt attention.
Best Regards,
Rhonda Cummings, FCCN, CPPB
Procurement Strategist
Cc: Steve Carnell, Purchasing and General Services Director
Bonnie Baer, Clerk's Finance Supervisor, Finance Department
Jay Ahmad, P.E., Director, Transportation Engineering
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PllltfulsingiF..pa.-fu-.en:' 3301 Tamiami Trail East. Na;ies, Florida 34112' Vlww.colliergov,natfpurchasing
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4/26/2011 Item 16.A.6.
Gary Putaansuu, P.E., Principal Project Manager
Marlene Messam, P.E., Senior Project Manager
Steve Ritter, Construction Manager
Lisa Taylor, Fiscal Analyst
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4/26/2011 Item 16.A.6.
d&.CoJDlty
Admini5balNe services .OMslon
, Purchasing
April 7, 2011
Atkins d.b.a. PBS&J
Michael R. Ryan, P.E.
1514 Broadway, Suite 203
Ft. Myers, FL 33901
Re: Contract #07-3947 .Professional CEI Services for SR84 from Radio Road to CR 951" Project #60073
Notice of Intent to Terminate Contract
Dear Mr. Ryan:
As per the provisions of Article 12, Termination or Suspension, of the above referenced contract, the
County intends to terminate this contract for convenience. Section 12.3 states. "OWNER shall have the
right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written
notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery
against OWNER shall be limited to that portion of the fee earned through the date of termination, together
with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly
attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery
against OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible",
12.4. "Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all
original papers, records, documents, drawings, models, and other material set forth and described in this
Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its
control".
This action shall be effective Idpon Board approval at the April 26, 2011 meeting. This letter shall serve as
the required seven (7) day written notice. There are currently no outstanding invoices and Atkins d.b.a.
PBS&J has been paid for all work completed on this contract to date.
Should you have any further questions, please contact me at 239/252-4270 or I can be emailed at
nicoleparker@collierQov.net. Thank you for your prompt attention.
Best Regards,
1!dU
Nicole Parker
Procurement Strategist
Cc: Steve Carnell, Purchasing and General Services Director
Bonnie Baer, Clerk's Finance Supervisor, Finance Department
Jay Ahmad, P.E., Director, Transportation Engineering
Gary Putaansuu, P.E., Principal Project Manager
Marlene Messam, P.E., Senior Project Manager
Steve Ritter, Construction Manager
Lisa Taylor, Fiscal Analyst
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Pun:hasing DeparineIt. 3301 Tamiami Tlall East. Napres. Florida 34112 . www.colliergov.nellpurchasing
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