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Agenda 10/13/2009 Item #16B 3 Agenda Item No, 1683 October 13. 2009 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve selection of Post, Buckley, Schuh and Jernigan, Inc. (PBS&J) under Invitation to Negotiate (ITN) #07-3947 "Professional Construction Engineering & Inspection (CEI) Services" - SR 84 (Radio Road to CR 951), and award a contract for Project No. 60073 in the amount of $1,363,917. OBJECTIVE: To award a Construction Engineering and Inspection contract for the six- laning of SR 84 (Davis Boulevard) from west of Radio Road to CR 951 (Collier Boulevard) in accordance with ITN No. 07-3947. CONSIDERATIONS: ITN #07-3947 - "CEI and Related Services for Collier County Road Projects" was submitted for advertisement on July 19, 2007. Only fIrms that were pre-qualified under Invitation to Qualify (ITQ) 06-3947 were eligible to submit a proposal for the projects listed under the ITN. A selection committee was convened on October 24, 2007, and short-listed three finns; PBS&J, KCCS and Johnson Engineering. A negotiation with PBS&J was concluded on January 7, 2008; based on a 30 -month construction duration and 60% plan completion. The project was re-negotiated on April 9, 2009 due to schedule changes, which decreased the construction duration to 18 months based on 90% plan completion. The design and permitting for this project was provided by the Florida Department of Transportation (FDOT). On July 24, 2007, the Board approved a lPA (Joint Project Agreement) between the Florida Department of Transportation (FDOT) and Collier County for roadway construction and construction engineering inspection (CEI) services on SR 84 (Davis Boulevard) from Radio Road to CR 951( FM# 195416 5 58/6801). FISCAL IMPACT: The funding for this project in the amount of $15.2 million dollars will be budgeted in the FY10 Transportation Capital Budget. Funds will be advanced from the County for this project and reimbursed by FDOT with (10) quarterly payments the first payment starting in July I, 2012. The funds will come from Transportation Supported Gas Taxes and Road Impact Fees. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-SRT. GROWTH MANAGEMENT IMPACT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board of County Commissioners award ITN No 07- 3947 to PBS&J. for the CEI services of SR 84 (Davis Blvd.) from Radio Road to CR 951 (Collier Blvd.) and authorize the Board Chainnan to execute a standard County Attorney approved contract. -- Agenda Item No. 1683 October 13, 2009 Page 2 of 12 Prepared By: Marlene Messam, Sr. Project Manager, TECM Agenda Item No. 1683 October 13, 2009 Page 3 of 12 SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1,1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then- authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: James Zuver, Engineering Inspector/Project Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive -Naples, Florida 34104 (239) 774-8192, (239) 659-5771 fax jameszuver@colliergov.net 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANTS Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM TASK NOT TO EXCEED AMOUNT: 1. Construction Engineering and $ 1,291,917 Monthly Based I nspection Services Upon Percent Complete 2. Testing Services $ 10,000 Monthly Based Upon Percent Complete 3. Survey Services $ 10,000 Monthly Based Upon Percent Complete 4. Field Office Expenses $ 52,000 Time and Materials TOTAL FEE (Total Items 1-4) $ 1,363,917 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANTS personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment B to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding TPA#1953637.9 PSA 8-1 Agenda Item No. 16B3 October 13, 2009 CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be revii3~ cMri& approved by OWNER. 8.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 8 to this Schedule 8 and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on 8asic Services or Additional Services without OWNER'S prior written approval. 8.2,5, The compensation provided for under Sections 2.1 of this Schedule 8, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. 8.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees thaf in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: 8.3,1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1,1 of this Schedule B, an invoice for fees earned in the performance of 8asic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both 8asic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. 8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. 8.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. 8.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 8.3.5 Unless specific rates have been established in Attachment 8, attached to this Schedule TPA#1953637,9 PSA 8-2 Agenda Item No. 1683 October 13, 2009 8, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to ~t1flIJlee by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 8.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded, 8.3.5.1.3. Permit Fees required by the Project. 8.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.5.1.5 Expense of models for the County's use. 8.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. TPA#1953637.9 PSA 8-3 Agenda Item No, 1683 October 13, 2009 Page 6 of 12 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951 Task 1. Construction Enaineerina & Inspection Services: Not to exceed . Complete record keeping of activities and events !. Document significant changes to the project . Contract, plan, and specification interpretation . Dispute resolution (contractor and the public) _$1,291,917 !. Surveillance of contractors activities . Verify Contractor's monthly pay requests . Monitor Contractor's maintenance of traffic Task 2. Testina Services: Not to exceed ,$10,000 . Provide field sampling and material testing per contractor quality control verification requirements. !. Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services (As Needed): Not to exceed ~1 0,000 . Bench mark verification . Cross-section verification . Spot check contractor lay-out as needed . Reference and reset certified corner records as needed TPA#1953637,9 PSA 8A-4 Agenda Item No. 1683 October 13, 2009 Page 7 of 12 Field Office Expenses: Time and materials: Not to exceed . Rent $52,000 . Phone/Fax! Internet Connection . Electric . Cleaning service . Copier (Rental and Maintenance) Total for Items 1 through 4 $1,363,917 · Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. TPA#1953637,9 PSA BA-5 TPA#1953637.9 Agenda Item No. 1683 October 13, 2009 Page 8 of 12 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951 Consultant's Emplovee Hourlv Rate Schedule Title Hourly Rate Senior Project Engineer $ 135.00 /hr Project Administrator $ 114.00/hr Senior Utility Inspector $ 85.00 /hr Professional Surveyor/Mapper (Gaines) $135.00/hr Senior Inspector $ 85.00/hr Plant Inspector $ 85.00 /hr Inspector Aide $ 50.00 /hr Inspector $ 65.00/hr Survey Technician (Gaines) $ 80.00/hr 2 Survey Crew (Gaines) $140.00/hr 3 Survey Crew (Gaines) $165.00/hr Office Manager $ 50.00/hr END OF SCHEDULE B. PSA 88-6 Agenda Item No. 1683 October 13, 2009 Page 9 of 12 SCHEDULE C PROJECT SCHEDULE "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951 Task 1. Construction Enaineerina & Inspection Services:550 days from Notice to Proceed .! Complete record keeping of activities and events . Document significant changes to the project .! Contract, plan, and specification interpretation . Dispute resolution (contractor and the public) . Surveillance of contractors activities .! Verify Contractor's monthly pay requests . Monitor Contractor's maintenance of traffic Task 2. Testina Services: As Needed . Provide field sampling and material testing per contractor quality control verification requirements. .! Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services: . Bench mark verification As Needed . Cross-section verification . Spot check contractor lay-out as needed . Reference and reset certified corner records as needed TP A#1953637.9 PSA F-7 Agenda Item No. 1683 October 13, 2009 Page100f12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B3 Recommendation to approve selection of PBS&J under Invitation to Negotiate (ITN) #07- 3947 Professional Construction Engineering and Inspection (CEI) Services SR 84 (Radio Road to CR 951), and award a contract for Project No, 60073 in the amount of $1 ,363,917 with reimbursement from the Florida Department of Transportation, 10/13/20099:0000 AM Meeting Date: Prepared By Marlene Messam Senior Project Manager Transportation Engineering & Construction Management Date Transportation Services 9/16/20093:41:20 PM Approved By Gary Putaansuu Principal Project Manager Date Transportation Services Transportation Engineering and Construction 9/1712009 11 :24 AM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportation Services Transportation Administration 9/24/20097:46 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 9/24/20098:57 AM Approved By Scott R, Teach Assistant County Attorney Date County Attorney County Attorney Office 9130120093:50 PM Approved By Najeh Ahmad Director Date Transportation Serv ices Transportation Engineering & Construction Management 10/1120097:51 AM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 10/1120091:30 PM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/1/20092:14 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Agenda Item No. 1683 October 13, 2009 Page 11 of 12 Administrative Services Purchasing 101112009 2:51 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/1120094:20 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 1012/20097:57 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10121200910:00 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1016/200910:23 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1016/20093:58 PM Agenda Item No. 1683 October 13, 2009 Page 12 of 12 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Michael Ryan, P.E., PMP Senior Project Engineer 20% Chris Libby Project Administration 100% Kelly Adams Contract Support Specialist 100% Enrique "Rick" Gonzalez Senior Roadway Inspector 100% Tomasz Trebacz Roadway Inspector 100% Felix Baez Utility Inspector 33% Sharon Kirkpatrick Secretary/Clerical 100% Juan Moreno Roadway/Utility Inspector (contingency) 100% TPA#1953637,9 PSA F-1