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Agenda 06/09/2015 Item #16A14 6/9/2015 16.A.14. EXECUTIVE SUMMARY Recommendation to authorize a $10,000 increase to Purchase Order 4500149729 for Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., ("Baker Donelson") relating to legal services in the FEMA Beach Restoration Deobligation Second Appeal, DR-1609-DR-FL., PA ID 021-99021-00 to approve Work Orders with CB&I Coastal Planning & Engineering, Inc. and Atkins North America, Inc. to provide professional engineering services for Phase II Contingency FEMA Response Assistance under Contract No. 13-6164-CZ for a Time and Material amount not to exceed $5,000 each (Fund No. 001-103010), and authorize the Board's Chairman to execute the attached work orders. OBJECTIVE: To authorize an increase of$10,000.00 to the existing purchase order for outside counsel Baker Donelson to provide continued services in the FEMA Beach Restoration Deobligation Second Appeal, DR-1609-DR-FL, PA ID 021-99021-00 and to obtain professional engineering services for Phase II Contingency FEMA deobligation response assistance. CONSIDERATIONS: The County retained the law firm of Baker Donelson and its attorney Ernest B. Abbott, past General Counsel for the Federal Emergency Management Agency, to assist the County in its appeal of the deobligation of FEMA funds related to Hurricanes Katrina and Wilma. The County's Continuing Retention Agreement (the "Agreement") with Baker Donelson dated September 10, 2013 states, in part, at Exhibit A: "Baker Donelson's fee shall not exceed $100,000.00 without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners must have Board approval prior to work being performed." To date, the County has expended $81,230.08 in legal related expenses on its appeal of the deobligation of FEMA funds. A second appeal of FEMA's deobligation decision has been fully briefed and presented to FEMA, and there should be very little expended on fees going forward. The $10,000.00 increase is to cover unexpected requests from FEMA that require either legal or additional related professional engineering services to support the County's position on appeal, such as the need for additional engineering services discussed in more greater detail below. CB&I supported Collier County in its first appeal of the deobligation decision dated August 1, 2014, which largely reaffirmed FEMA's retroactive deobligation of the cost that the County incurred to restore the beaches that were extensively damaged by Hurricane Wilma (DR 1609; PW 2700V6). The development of the second appeal petition was extensive and filed on October 17, 2014 with a supplemental package filed on January 29, 2015. On March 12, 2015 the Board of County Commissioners approved the funding for CB&I travel attendance, preparation and follow-up meeting to discuss our second appeal with FEMA Washington staff. This work order will provide professional Engineering services for Phase II Contingency FEMA Support. Packet Page-559- 6/9/2015 16.A.14. Additional support is required of Atkins Professional Engineering to; 1) Provide Review of historical information, 2) Coordination meeting with the County personnel, County Legal Representatives and consultants, 3) Review and provide comment on correspondence from FEMA, 4) travel to meet with FEMA if necessary and as budget allows. FISCAL IMPACT: Funding for this is available in Fund No. 001-103010. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners authorize a $10,000 increase to Purchase Order 4500149729 for Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. relating to legal services in the FEMA Beach Restoration Deobligation Second Appeal, DR-1609-DR-FL, PA ID 021-99021-00, and to approve Work Orders with CB&I Coastal Planning & Engineering, Inc. and Atkins North America, Inc., to provide professional engineering services for Phase II Contingency FEMA Response Assistance under Contract No. 13-6164-CZ for a Time and Material amount not to exceed $5,000 each (Fund No. 001-103010), and authorize the Board's Chairman to execute the attached Work Orders. Prepared By: J. Gary McAlpin,P.E., Coastal Zone Management,Natural Resources Department Attachments: 1) Proposals; 2) Work Orders Packet Page-560- 6/9/2015 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.14. Item Summary: Recommendation to authorize a $10,000 increase to Purchase Order 4500149729 for Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., ("Baker Donelson") relating to legal services in the FEMA Beach Restoration Deobligation Second Appeal, DR-1609- DR-FL., PA ID 021-99021-00 to approve Work Orders with CB&I Coastal Planning& Engineering, Inc. and Atkins North America, Inc.to provide professional engineering services for Phase II Contingency FEMA Response Assistance under Contract No. 13-6164-CZ for a Time and Material amount not to exceed $5,000 each (Fund No. 001-103010), and authorize the Board's Chairman to execute the attached work orders. Meeting Date: 6/9/2015 Prepared By Name: HambrightGail Title: Accountant, Growth Management Department 5/11/2015 11:02:51 AM Submitted by Title: Accountant, Growth Management Department Name: HambrightGail 5/11/2015 11:02:52 AM Approved By Name: McAlpinGary Title:Manager-Coastal Management Programs, Growth Management Department Date: 5/12/2015 1:12:33 PM Name: PuigJudy Title: Operations Analyst,Growth Management Department Date: 5/15/2015 2:59:32 PM Name: Tara Castillo Title: Management/Budget Analyst, Growth Management Department Packet Page-561- 6/9/2015 16.A.14. Date: 5/18/2015 1:25:06 PM Name: PattersonAmy Title: Manager-Impact Fees&EDC, Growth Management Department Date: 5/18/2015 1:46:02 PM Name: KearnsAllison Title:Manager Financial &Operational Support, Growth Management Department Date: 5/18/2015 2:21:48 PM Name:NorthrupAdam Title: Procurement Specialist,Administrative Services Department Date: 5/18/2015 3:39:40 PM Name: MarkiewiczJoanne Title: Division Director-Purchasing&Gen Svc, Administrative Services Department Date: 5/19/2015 7:09:14 AM Name: GreeneColleen Title:Assistant County Attorney, CAO General Services Date: 5/19/2015 11:02:59 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 5/20/2015 12:13:35 PM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 5/20/2015 2:49:20 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/22/2015 12:55:24 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 5/22/2015 2:00:35 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/22/2015 4:31:44 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Packet Page-562- 6/9/2015 16.A.14. Date: 5/26/2015 1:12:21 PM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 5/26/2015 2:11:32 PM Packet Page-563- 6/9/2015 16.A.14. CB&l Coastal Planning & Engineering, Inc. GB-11. • 2481 NW Boca Raton Blvd. Boca Raton,FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com April 17, 2015 Clint Perryman, Project Manager Collier County Coastal Zone Management 2800 N. Horseshoe Drive Naples, FL 34104 Re: Collier County— Phase H Contingency FEMA Support (Contract No. 13-6164-CZ "Professional Services: Architect and Engineering") Dear Clint: This letter is a proposal for hourly services for CB&I Coastal Planning & Engineering, Inc. (CB&I) to perform staff engineering tasks under the above referenced contract, to support the County with the FEMA appeal. CB&I has been supporting Collier County in their response to FEMA's August 1, 2014 letter as the County takes the position against the de-obligation of FEMA funding. In April, a CB&I senior engineer accompanied the County to Washington, D.C. to present the County's case to FEMA. This proposal includes time for staff familiar with the history of Collier's beach nourishment program to continue supporting the County as needed for the FEMA appeal. A fee proposal is included as Exhibit A, and the rate schedule is provided as Exhibit B. The cost with time and materials is not to exceed $5,000.00. All work will be completed within 180 days of receiving the Notice to Proceed. V t ly yours, Thomas P. Pierro, P.E. Director CB&I Coastal Planning & Engineering, Inc. cc: Gary McAlpin, CZM Tara Brenner, P.G., CB&l Stephen Keehn, P.E., CB&I Confidentiality Statement The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes,provided that if a contract is awarded to C8&l as a result of or in connection with the submission of this proposal,the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. Packet Page-564- 6/9/2015 16.A.14. Et Exhibit A Fee Proposal Packet Page-565- 6/9/2015 16.A.14. a) 0) L as o i ^U) O t- LL x N 5 (6 _ N a) 0, a) N 0 2 c. c to N = r c- c ca ,c 0 c- r ,.- N n. co U = ff} r' m W Ea L _ 1E x U O N w a) m L ti >,, .a) O d. d' co c O 2 O d I Eft 6 m t c o a_ O a) CO O_ U 0) N CO na Q Z3 C O C O c- PC cm c LL Il. r 0 I— V M N U m a) = i.+ _ I2 O O iii — O- 2 CO co X C U L 'i U = co co o a ++ It. c O w = O C 'Q I Ef3 0- W O LL U o U U O0 II II II o o CO N O �, O D 03 0 0 U LL Cl) 1 Z U O n� U 0 C 0 EA. U Ef} (— a 0 J N N 0 0 2 I•- a. O E Q. Cl) aa, a - CO o F 2 Q L E w 2 1-7-Packet Page-566- 6/9/2015 16.A.14. Exhibit B Rate Schedule Packet Page -567- 6/9/2015 16.A.14. Exhibit B SCHEDULE B: RATE SCHEDULE Standard Hourly Title Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer j $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 118.00 Marine Biologist/Hydrogeologist $ 110.00 Senior Marine Biologist/Hydrogeologist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical/Administrative $ 62.00 Senior Technician $ 85.00 Technician I $ 72.00 Surveyor and Mapper I $ 120.00 CADD Technician $ 81.00 Survey Crew-2 man $ 130.00 Survey Crew-3 man $ 161.00 Survey Crew-4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 This list is not intended to be all inclusive. Hourly rates for other categories of professional, support and other services shall be mutually negotiated by Collier County and firm on a project by project basis as needed. B-1 Packet Page -568- 6/9/2015 16.A.14. ATKINS Professional Engineering Services for Phase II - Contingency FEMA Support Collier Coastal Zone Management Contract Number 13-6164-CZ April 20, 2015 ATKINS is pleased to provide a scope of work for Collier County Coastal Zone Management Department. The intention of this Work Assignment is to continue provide support to the County in pursuit of deobligated FEMA funding. In accordance with Collier County Contract Number 13-6164-CZ the following scope of work is presented herein. SCOPE OF SERVICES Atkins will provide coastal engineering support to the County including: 1) Review of historical information and documents from Hurricanes Katrina&Wilma. 2) Coordination meetings with the County personnel,County legal representatives and consultants. 3) Atkins will review and provide comment on correspondence from FEMA. 4) At the request of the County,travel to meetings with FEMA if necessary and budget allows. Budget Estimate Work for this assignment will be billed based on time and materials not to exceed an amount of $5,000.00. Work will be billed to the County on a monthly basis based on the work completed for the preceding month.The budget breakdown per project area is as follows: Task 1 —Contingency FEMA Support $5,000.00 Total $5,000.00 Schedule Estimate The following schedule of completion is anticipated. 1. Submit draft reports within 180 calendar days following the Notice-to-Proceed. Assumptions 1. All existing information/documentation including, but not limited to, survey data, project permits, environmental information,previous studies, CAD drawings and geotechnical information will be ,V %5" Bryan r*. Flynn I bat Sr. Project Manager Atkins North America, Inc. 1 Packet Page -569- 6/9/2015 16.A.14. Schedule A: Hourly Rates Standard Hourly Title Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist S 118.00 Marine Biologist/Hydrogeologist $ 110.00 Senior Marine Biologist/Hydrogeologist S 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical/Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew-2 man $ 130.00 Survey Crew-3 man $ 161.00 Survey Crew-4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 This list is not intended to be all inclusive. Hourly rates for other categories of professional, support and other services shall be mutually negotiated by Collier County and firm on a project by project basis as needed. k-1 Packet Page-570- 6/9/2015 16.A.14. WORK ORDER/PURCHASE ORDER Contract 13-6164-CZ Architect&Engineering" Contract Expiration Date:March B,2019 This Work Order is for professional Engineering services for work known as: Phase II—Contingency FEMA Support Project Name:FEMA Support it Project No:001-103010 1 The work is specified in the proposal dated April 20,2015 which is attached hereto and made a pan of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above. this Work Order/Purchase Order is assigned to: Atkins North America,Inc. Scope of Work: As detailed in the attached proposal and the following: + Task 1 FEMA Support / V Schedule of Work Complete work within 180 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement No. 13.6164-CZ.Aill survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): [Negotiated Lump Sum (NLS) [plump Sum Pius Reimbursable Costs (LS+RC)®Tjme& Material (T&M)(established hourly rate—Schedule A)Q Cost Plus Fixed Fee (CPFF). (define which method will be used for which tasks)as provided in the attached proposal. Task I $5,000.00(T&M) TOTAL FEE $5.000.00(T&M) PREPARED BY: � A4 31/ ' 3 (iary M�Alpin. P.E:. 'ZM Manager Date APPROVED BY: SY� � 377/45— Am at n. Division Director Date �1`�S APPROVED BY. /Air romp ,age -IV"l � 7 Nick Catalan i �partme I Head and Date Deputy C + y imager APPROVED BY: S.is.,s- - M: sackson.Division Director Corp, Date Finance&Management Services Page 1 of 2 (-) Packet Page -571- 6/9/2015 16.A.14. By the signature below, the Firm (including employees. officers and/or agents) certifies. and hereby discloses.that.to the best of their knowledge and belief. all relevant facts concerning past.present.or currently planned interest or activity (financial. contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Atki North Ammca, In . Bryan . Flynn. Sr. Project/Manager Da e Attest: BOARD OF COUNTY COMMISSIONERS Dwight E.Brock,Clerk Collier County,Florida BY: BY: Tim Nance,Chairman Deputy Clerk ATTEST: BY: (Print Name/Title) Approved as to Form and Matra fly i eeputy• County Attorney Page2of2 Packet Page-572- 0 6/9/2015 16.A.14. WORK ORDER/PURCHASE ORDER Contract I 3-6164-CZ'Architect& Engineering" Contract Expiration Date:March 8,2019-# This Work Order is for professional Engineering services for work known as: Phase Il Contingency FEMA Support Project Name: FEMA Response Assistance / Project No:001-103010 The work is specified in the spec' proposal dated April 17, 2015 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/P'urchase Order is assigned to:CB&I Coastal Planning& Engineering. Inc. Scope of Work: As detailed in the attached proposal and the following: 4 Task 1 FEMA Support / f Schedule of Work; Complete work within 180 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # I 3-6164-CZAvill survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following methods) (]Negotiated Lump Sum (NLS) []Lump Sum Plus Reimbursable Costs(LS+RC)®Tjtne& Material (T&M)(established hourly rate—Schedule A)❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks)as provided in the attached proposal. Task I $5,000.00(T&M) 1 TOTAL FEE 55,000.00(T&M) PREPARED BY: Me.( 4. ) i Jul d'/4011 GaryAlin. M Manager Date Gary p Manager 6Y: �t114. .. , 5/'77 s 'Y Amy Pafl•rson, Dive+n Director Date Aar APPROVED BY: _ /'� / �/ Nick Casal, • ,ui, 4erla Ant II■- : and Date Deputy '.0 yo anger APPROVED BY: ./ ' s•i Mark Ism:ckson,Division I ctor Corp. Date Finance&Management Services Page 1 of 2 Packet Page-573- 6/9/2015 16.A.14. By the signature below, the Firm (including employees,officers and/or agents) certifies, and hereby . discloses,that, to the best of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: CB&I CoastalPlanni &Engineering, Inc. (c--)1(1/1 5/14/15 Thomas P. Pierro, P.E., Director Date Attest: BOARD OF COUNTY COMMISSIONERS Dwight E.Brock,Clerk Collier County,Florida BY: BY: Deputy Clerk Tim Nance,Chairman ATTEST: BY: (Print Name/Title) Approved as to Form and Legality: '4..6e/ eptuty County Atttorne -- a 1 Page 2 of 2 Packet Page.-574- CD