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Agenda 01/24/2023 Item #16F1 (To prepare construction ready design plans for the Pelican Bay Sidewalk Improvement project and provide engineering design services during Phase 1 and 2 of sidewalk construction)01/24/2023 EXECUTIVE SUMMARY Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the Pelican Bay Sidewalk Improvement Design to Agnoli, Barber & Brundage, Inc., and authorize the Chairman to sign the attached Change Order. OBJECTIVE: To prepare construction ready design plans for the Pelican Bay Sidewalk Improvement project and provide engineering design services during Phase 1 and 2 of sidewalk construction. CONSIDERATIONS: Collier County Ordinance No. 2002-27, as amended, established the Pelican Bay Services Division Municipal Service Taxing and Benefit Unit ( the “MSTBU”) of Collier County, Florida, for the purpose of providing street lighting, water management, beach re-nourishment, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to, beautification of recreation facilities, sidewalks, street and median areas. Historically, the Collier County Road and Bridge Maintenance Division (the “Division”) has maintained the asphalt sidewalks in Pelican Bay. Due to aging infrastructure and tree root intrusions, the existing sidewalks built originally in the early 1980’s have reached the end of their service life, and can no longer be repaired adequately to the desired standards of the Pelican Bay community. As a result, on behalf of the MSTBU, the Division issued Request for Professional Services No. 20-7680, seeking proposals for professional design services for this sidewalk replacement project on certain public roadways located in Pelican Bay, which ultimately resulted in the Board awarding Agreement No. 20-7680 (the “Agreement”) to the top ranked firm, Agnoli, Barber & Brundage, Inc. (“ABB”) on April 28, 2020. Staff issued a Notice To Proceed to ABB on May 13, 2020, with a Final Completion date of June 17, 2022, a total of 765 days. Three Change Orders were processed to accommodate unforeseen conditions, increasing the total contract by $23,827.00 or 7.57% for a total contract in the amount of $338,721.00; and increased the project ti me by an additional 136 days for a total of 901 days through October 31, 2022. Staff processed this Change Order in September of 2022. Due to Hurricane Ian and circumstances beyond our control, this Executive Summary did not get placed on a Board agenda prior to October 31, 2022; however, the consultant was informed to stop work prior to the expiration date. In addition to preparing construction ready design plans, the scope of work under the Agreement includes construction phase services, which requires ABB’s services until construction of the Pelican Bay sidewalk improvement project is complete. Construction was implemented in two Phases: (1) Phase 1 of construction entails an approximately 1.3 mile stretch of sidewalk that began on June 7, 2021, and w as completed on February 21, 2022, (2) Phase 2 of construction encompasses an approximately 11.6 mile section of sidewalk that began on June 6, 2022, and is anticipated to be completed by September 3, 2024, a total of 820 days. Staff is requesting the approval of attached Change Order No. 4, which increases the total time of the contract by an additional 764 days for a total of 1,665 days until the scheduled Final Completion of the Phase 2 construction. This proposed change was not included in the original agreement because: (1) funding for construction was not in place when the calculations for design and construction time were calculated, and (2) staff did not anticipate the complexities involved in retrofitting a sidewalk in an established community with existing utilities, large canopy trees and other structures. Other unanticipated field conditions during Phase 1 construction demonstrated that the permitted design was unable to be constructed and that modifications to the permit were necessary so that the new sidewalks were built in compliance with established Americans with Disabilities Act standards. Further, certain bid materials were unavailable and required substitute materials. As a result of all the above reasons, the time for construction of Phase 1 was increased by 79 days from 180 days to 259 days. Phase 2 of the construction on this project involves 11.6 miles of sidewalk, which project area is 89% larger than Phase 1. Delay was exacerbated on the Phase 2 work an additional 30 days following Hurricane Ian because there was storm related debris in the right-of-way and the contractor was unable to access the work area. If this change is not approved, the Design Engineer will not be able to resolve design and ADA compliance issues that are anticipated to arise during Phase 2 construction. Staff is not seeking an increase of additional moneys with 16.F.1 Packet Pg. 664 01/24/2023 Change Order No. 4 but rather 764 additional days to see this project through completion. FISCAL IMPACT: The current contact amount is $338,721.00 and approval of the item will not change the total contract amount. Funding is available in Pelican Bay Capital Fund (322). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities and to remain in compliance with all regulatory programs. RECOMMENDATION: Recommendation to approve Change Order No. 4 to Agreement No. 20-7680, Pelican Bay Sidewalk Improvement Project, adding an additional 764 days to the Agreement, and authorize the Chairman to sign the attached Change Order. Prepared By: Lisa Jacob, Project Manager, Pelican Bay Services Division ATTACHMENT(S) 1. 20-7680 ABB CO#4 CAO Stamped (PDF) 16.F.1 Packet Pg. 665 01/24/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Doc ID: 24381 Item Summary: Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the Pelican Bay Sidewalk Improvement Design to Agnoli, Barber & Brundage, Inc., and authorize the Chairman to sign the attached Change Order. Meeting Date: 01/24/2023 Prepared by: Title: Project Manager – Pelican Bay Services Name: Lisa Jacob 01/12/2023 9:47 AM Submitted by: Title: Project Manager – Pelican Bay Services Name: Lisa Jacob 01/12/2023 9:47 AM Approved By: Review: Pelican Bay Services Chad Coleman Mgr - PBSD Completed 01/12/2023 9:55 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 01/12/2023 4:36 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/13/2023 10:14 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/13/2023 3:26 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/13/2023 3:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/17/2023 8:45 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/18/2023 9:24 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/18/2023 10:26 AM Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM 16.F.1 Packet Pg. 666 16.F.1.a Packet Pg. 667 Attachment: 20-7680 ABB CO#4 CAO Stamped (24381 : Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the 16.F.1.a Packet Pg. 668 Attachment: 20-7680 ABB CO#4 CAO Stamped (24381 : Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the 16.F.1.a Packet Pg. 669 Attachment: 20-7680 ABB CO#4 CAO Stamped (24381 : Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the