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Agenda 09/27/2022 Item #16K4 (Approve an Agreement for Construction Expert Consultant Services with the Delta Consulting Group South Inc for County Construction Projects)09/27/2022 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Construction Expert Consultant Services with the Delta Consulting Group South, Inc., for County Construction Projects, as needed. OBJECTIVE: That the Board approve an Agreement for Construction Expert Consultant Services with the Delta Consulting Group South, Inc., for County Construction Projects, as needed. CONSIDERATIONS: Attached for the Board's consideration is a proposed Agreement for Construction Expert Consultant Services with the Delta Consulting Group South, Inc. (“Delta”). Along with the attached Agreement is a Credentials Package providing an overview of the expert consultant services provided by Delta, an international consulting firm with expertise in construction/project management and litigation support. County staff is currently managing multiple construction projects, some of which are in the tens of millions of dollars and may require close review of project schedules and claims asserted by the contractors from a legal perspective. Consultants such as Delta have specialized knowledge and skills that are not possessed by inhouse staff and provides an element of independence to non- judgmentally discern the legitimacy of asserted claims and also issues concerning delay in timely reaching project conclusion. Having an independent review of such matters on particularly complex projects, only as needed, will assist in resolving issues and or identifying concerns that will provide a more educated insight of how to proceed. It i s anticipated that any services provided will be performed by Delta Senior Director David D. Reichard, P.E., who comes recommended by the County’s local outside counsel Greg Woods with the firm Woods Weidenmiller Michetti Rudnick, LLP. Under the Agreement, Delta will be compensated for its services according to the hourly fee schedule attached to the Agreement as Exhibit “A,” along with reimbursement of actual out-of-pocket expenses to be paid in accordance with Chapter 112, Florida Statutes. The hourly rates are consistent with or slightly lower than similar consultants utilized by the County on prior such matters. The Agreement provides for an initial two-year term, with an optional additional two-year term. Further, the Agreement may be terminated by the County for convenience with thirty-days written notice. The retention of legal services including expert witnesses, trial consultants and other similarly situated persons or firms is exempt from the competitive process as set forth in Section Eight, subsection 8 of Collier County Procurement Ordinance No. 2013-69, as amended. FISCAL IMPACT: The approval and execution of the attached Agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services, which will be assumed by the Department/Division utilizing the services. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Agreement for Construction Expert Consultant Services with the Delta Consulting Group South, Inc., for County construction projects, as needed. Prepared by: Scott R. Teach, Deputy County Attorney ATTACHMENT(S) 1. Delta Credentials Package 2022 (PDF) 2. Delta Consulting Agreement 091622 srt (PDF) 16.K.4 Packet Pg. 1996 09/27/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 23407 Item Summary: Recommendation to approve an Agreement for Construction Expert Consultant Services with the Delta Consulting Group South, Inc., for County Construction Projects, as needed. Meeting Date: 09/27/2022 Prepared by: Title: – County Attorney's Office Name: Madison Bird 09/19/2022 8:26 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 09/19/2022 8:26 AM Approved By: Review: County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/20/2022 11:57 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/20/2022 11:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/20/2022 12:23 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 09/20/2022 2:18 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/21/2022 3:07 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM 16.K.4 Packet Pg. 1997 16.K.4.aPacket Pg. 1998Attachment: Delta Credentials Package 2022 (23407 : Approve an Agreement for Construction Expert Consultant Services with Delta Consulting 16.K.4.aPacket Pg. 1999Attachment: Delta Credentials Package 2022 (23407 : Approve an Agreement for Construction Expert Consultant Services with Delta Consulting 16.K.4.aPacket Pg. 2000Attachment: Delta Credentials Package 2022 (23407 : Approve an Agreement for Construction Expert Consultant Services with Delta Consulting 16.K.4.aPacket Pg. 2001Attachment: Delta Credentials Package 2022 (23407 : Approve an Agreement for Construction Expert Consultant Services 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