#10-5206 (PBS&J) Amend
Patricia L. Morgan
From:
Sent:
To:
Cc:
Subject:
Attachments:
DeLeon Diana [DianaDeLeon@colliergov.net]
Wednesday, May 19, 2010 3:36 PM
Arnold, Michelle; Putaansuu, Gary
CummingsRhonda; Bonnie L. Baer; Patricia L. Morgan
Amendment #1 to Contract 1 0-5206 Design Services for CAT Transit Station
10-5206 Design CAT Station-Amend #1 (PBS&J).pdf
Please see attached amendment. Thanks, DO
'I.,;! ad(!r "';;,(<; die put)!;L
"nfitv 1'1"(>,,:: ,loi'1,j!:t
1(~;e:;1';;yj :n !?&~,n!,O;i:' I:, J p;:bll'~ record,; jf'Q\:f:sl (j;; t~ot ,;eneJ
EXHffiIT A-I Contract Amendment # 10-5206
"Design Services for Collier Area Transit Station"
This amendment, dated A p':", \ ~ 0 ,2010 to the referenced agreement shall be by and between the
parties to the original Agreement, Post, Buckley, Schuh &Jernigan, Inc., (to be referred to as
"Consultant") and Collier County, Florida, (to be referred to as "County").
Statement of Understanding
RE: Contract # I 0-5206 "Design Services for Collier Area Transit Station"
The following change to the above referenced Agreement has been mutually agreed to by the Consultant
and the County. The additions to the existing language in the Agreement are shown herein by underlining:
deletions from the Agreement are shown by slfikethroughs.
Replace Schedule B. Direst LaBer Casts PhiS aeimearsRBle ~1(l'eRSes with new Schedule B. LUffiO
Sum and Schedule B - Attachment A Schedule of Fees for Services now identified as Exhibit A-l-l
and Exhibit A-I-2.
The Consultant agrees that this amends the original Agreement. All other terros and conditions of the
Agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the County have each, respecti vely, by an authorized
.."~ rn '8<"' ~reoo"" ., ,~;, """, .., "", 00 ili. ~: 2'''' "",ow.
h & Jernigan, Inc.
By:
Title:
Dated:
Don' d J Vrana
CFO n Executive Vice President
April ,2010
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~ t},. G&
Step en Y. rnell
Director of Purchasing and General Services
Exhibit A-1-1
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
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 design and
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 Garv Putaansuu, 2885 S. Horseshoe Drive, Naples FL 34104
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make
the lump sum payments to CONSULTANT in accordance with the terms stated below.
Payments will be made in accordance with the following Schedule; however, the
payment of any particular line item noted below shall not be due until all services
associated with any such line item have been completed to OWNER'S reasonable
satisfaction.
TASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
P Pre-Design Activities $54,694 Monthly Upon Percent Complete of
Task
1. Programming and Concept Design $45.084 Monthly Upon Percent Complete of
Task
2. Preliminary Architectural $45,669 Monthly Upon Percent Complete of
Desian/Enaineerina Task
3. Final Design (60 Percent-100 $106,973 Monthly Upon Percent Complete of
Percent ), Bid Phase Services; Task
Construction Phase Services:
Commissioning and Project Close-
outlWarrantv
4. Construction Phase Services with $53,075 Monthly Upon Percent Complete of
Commissioning and Project Close- Task
out/As-Builts
TOTAL FEE !Total Tasks P-4) $305 495
TPAJlJ98337I.1
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Three
hundred five thousand four hundred ninety five Dollars ($305,495) to be paid to
CONSULTANT for the performance of the Basic Services.
6.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided and as set forth in the
Amendment authorizing such Additional Services. The negotiated fee shall be
based upon the rates specified in Attachment 1 to this Schedule B and all
Reimbursable Expenses shall comply with the provision of Section 3.4.1 below.
There shall be no overtime pay on Additional Services without OWNER'S prior
written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, 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.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that 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:
B.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 Basic 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 earned that month for
both Basic 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.
B.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 Project name and shall not be submitted more than
one time monthly.
TPAJl1983371.1
B.3.3 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.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this
Schedule B, CONSULTANT agrees that, with respect to any subconsultant or
subcontractor to be utilized 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.
B.3.4.1 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:
B.3.4.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and
handling of Drawings and Specifications.
B.3.4.1.2, 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.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
8.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.4.2 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# 198337 1.1
Exhibit A-1-2
SCHEDULE B. ATTACHMENT A
SCHEDULE OF FEES FOR SERVICES
"Design Services for Collier Area Transit (CAT) Transfer Station"
Task P- Pre Design Activities:
. Site Investigation Kick-Off Meeting
. Field Survey
. Assessment of Site Contamination
. Geotechnicallnvestigations
. Site Investigation Report
$54.694
Task 1 - Programming and Concept Desian:
. Program Study
. Concept Drawings
. Review and Revision
Task 2 - Preliminarv Architectural Desian/En!:Jineerina: $45,669
. 30 Percent Design
. Interagency Coordination/Public Process
Task 3 - Final Desian /60 Percent -100 Percentl. Bid Phase Services; Construction Phase
Services: Commissionina and Proiect Close-outlWarrantv: $106.973
. Client Review
. 60 Percent Design
. 90 Percent and 100 Percent Complete Architectural documents
. Bid Phase Services
. Interagency Coordination
$45.084
Task 4 - Construction Phase Services with Commissioning and Proiect Close-Out/As-
Builts: $53.075
. Response to Questions/Request for Information (RFI)
TPA#1953637.9
PSA
BA-lO
,. .__.__.._._'"_"_~,,_. _~"'~"_"_"".''''_ ".__~'_.'~_". ~ ^...",~..,____"_.h_____'~""
. As Needed Construction Inspection/Quality Assurance and Quality
Total for Items P through 4
$305,495.00
'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-ll