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Agenda 09/09/2014 Item #16K2 9/9/2014 16.K.2. EXECUTIVE SUMMARY Recommendation to approve a Work Order under Contract No. 13-6164, Professional Services: Architect and Engineering,to AECOM Technical Services,Inc.,to provide technical and consulting services associated with identifying environmental impacts resulting from the oil exploration/production industry in Collier County, Florida and approve all necessary FY2015 budget amendments. OBJECTIVE: To retain expert consultant services to assist with identifying, understanding and explaining potential environmental impacts resulting from the oil exploration/production industry within Collier County,Florida. CONSIDERATIONS: As a result of ongoing issues concerning environmental impacts arising from oil exploration/production in Collier County and resulting litigation, the County Attorney's Office wishes to issue a Work Order to AECOM Technical Services, Inc. ("AECOM") to provide expert technical and consulting services. In part,AECOM will provide the following proactive consulting services: • Review pertinent information, including but not limited to reports, permits, correspondence and other documents from Collier County,the Conservancy of Southwest Florida, Collier Resources Company,Dan A.Hughes Co.,and the Florida Department of Environmental Protection. • Complete a technical summary report of recent Oil and Gas activities in the Golden Gate area of Collier County. • Present the findings of the technical summary report related to Oil and Gas activities and any potential impact to the County's Water Resources to the Board of County Commissioners. In completing these tasks,AECOM will work in conjunction with County staff to acquire the information necessary to compile its technical summary report. The report will include an historical analysis of past drilling practices, compared to directional drilling and hydraulic fracturing operations such as the well constructed at the Collier-Hogan 20-3H well,which is the subject of the FDEP-issued Consent Order and subsequent civil and administrative proceedings. AECOM's analysis will also include a high level risk assessment as to the impact of oil exploration/production on ground water, surface waters and natural resources in Collier County. Additionally, AECOM will evaluate existing regulations, and make recommendations on how such regulations could be improved and identify the responsibilities of the various regulatory agencies. After AECOM concludes its report, it will prepare a PowerPoint presentation to the Board of Commissioners to discuss its findings. AECOM is currently under contract with the County through Contract No. 13-6164, the Professional Services: Architect and Engineering Agreement. At staffs request, AECOM prepared the attached Staffing and Cost Proposal detailing the assignment and deliverables it will perform to complete the above discussed assignment. The work is divided into four tasks and compensation will be payable monthly based upon the invoices and work being approved by the County. The total project cost is quoted at$27,500. FISCAL IMPACT: In order for the County Attorney's office to control implementation and timeliness of the work order,funds in the amount of$27,500 will be moved administratively via budget amendment in FY2014 from within the General Fund(001)to the County Attorney's General Fund(001)cost center. Packet Page-3124- 9/9/2014 16.K.2. Because, the FY2014 fiscal year is about to close, a FY2015 budget amendment will be necessary to reimburse the General Fund from funds transferred from the Unincorporated Area General Fund due to the targeted and specific unincorporated area benefit. Additional costs may be incurred if the results of the Consultant's study require additional presentations to the Board or other related services. LEGAL CONSIDERATIONS:This item is approved as to form and legality,and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT:None. RECOMMENDATION:That the Board of County Commissioners approve a Work Order in the amount of $27,500.00 under Contract No. 13-6164, Professional Services: Architect and Engineering, to AECOM Technical Services,Inc.,to provide technical and consulting services associated with identifying environmental impacts resulting from the oil exploration/production industry in Collier County, Florida and approve all necessary FY2015 budget amendments. Prepared By: Scott R.Teach,Deputy County Attorney Attachment: AECOM Staffing and Cost Proposal Packet Page-3125- 9/9/2014 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Work Order under Contract No. 13-6164, Professional Services: Architect and Engineering,to AECOM Technical Services, Inc.,to provide technical and consulting services associated with identifying environmental impacts resulting from the oil exploration/production industry in Collier County, Florida and approve all necessary FY2015 budget amendments. Meeting Date: 9/9/2014 Prepared By Name: CrotteauKathynell Title:Legal Secretary,CAO Office Administration 8/26/2014 11:20:29 AM Approved By Name: TeachScott Title:Deputy County Attorney, County Attorney Date: 8/26/2014 1:41:22 PM Name: KlatzkowJeff Title:County Attorney, Date: 8/26/2014 2:14:01 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget Date: 8/26/2014 3:45:24 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 8/29/2014 2:00:56 PM Packet Page-3126- 9/9/2014 16.K.2. STAFFING and COST PROPOSAL to AGREEMENT for PROFESSIONAL SERVICES Between Collier County and AECOM Technical Services, Inc. Oil Exploration/Production Impacts-Phase I August 20,2014 THIS DOCUMENT is a STAFFING and COST PROPOSAL to Contract 13-6164 Professional Services: Architect and Engineering, executed between Collier County Board of County Commissioners (COUNTY) and AECOM Technical Services,Inc. (CONSULTANT), dated March 9, 2014 (hereafter called"Agreement"). A. BACKGROUND The COUNTY and CONSULTANT have entered into an Agreement to provide professional engineering services for the following engineering disciplines: • CEI, Project Management, and Value Engineering (CEI) • Environmental Study, Planning and/or Design(EN) • Instrumentation and Controls (SCADA and Low Voltage) (SCA) • Modeling and Simulation(MS) • Solid Waste Study, Planning and/or Design(SW) • Public Utilities Facilities (PU) • Wellfield Study, Planning and/or Design(WEL) • Electrical Study,Planning and/or Design(EL) The Agreement provides for specific services to be performed on the basis of a Work Order supported by a proposal prepared by the CONSULTANT and approved by the COUNTY. Professional services are authorized on receipt of an executed Work Order and Notice-to-Proceed. The COUNTY wishes to identify and better understand the potential environmental impacts of the oil exploration/production industry within Collier County. B. DESCRIPTION OF ASSIGNMENT CONSULTANT will provide technical and consulting services associated with identifying potential environmental impacts of the oil exploration/production industry within Collier County as outlined below: • Review pertinent information including reports, permits, correspondence, and other documents from Collier County, the Conservancy of Southwest Florida, Collier Resources Company, Dan 8/20/2014 Packet Page-3127- 9/9/2014 16.K.2. Hughes, the Florida Department of Environmental Protection (FDEP), related to Collier-Hogan 20-3H well to be provided by the County. • Complete a technical summary report of recent Oil and Gas activities in Golden Gate area of Collier County. • Present the fording of the technical summary report related to Oil and Gas activities and potential impact to the County's Water Resources to the Collier County Board of Commissioners. C. SCOPE OF SERVICES CONSULTANT will perform the engineering services for this assignment under the following tasks: Task 1–Project Management Project. Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs for the entire duration of the project. CONSULTANT will attend meetings with representatives of the COUNTY as part of this project, as follows: A. Progress review meetings r—„ Task 2–Technical Review of Existing Oil and Gas Reports The CONSULTANT will compile and review existing reports related to oil and gas activity and development within Collier County. Review of existing reports will include the following: 1. Review and compile pertinent information related to oil and gas activities including reports, permits, correspondence, and other documents from Collier County, the Conservancy of Southwest Florida, Collier Resources Company, Dan Hughes, the Florida Department of Environmental Protection (FDEP), Florida Geological Survey Oil & Gas Section. This information will be provided by Collier County Pollution Control staff. Task 3–Technical Summary Report The technical summary report will document the fmdings of the technical review and compilation of information related to Oil and Gas activities and their potential impact to water resources of Collier County. The Technical Summary Report will include the following components: 1. Description of the local typical historical drilling practices and how it compares to directional drilling & hydraulic fracturing operations primarily related to the Collier-Hogan 20-3H well that is the subject of the FDEP-issure consent order. 8/20/2014 Packet Page-3128- 9/9/2014 16.K.2. 2. Summary on disposal of wastewater generated by Oil and Gas operations via Class II wells in n central Collier County 3. Details of the geology/stratigraphy/hydrogeology in the Golden Gate Area 4. High level risk assessment related to oil exploration/production industry impacts to the groundwater, surface waters, and natural resources in the Golden Gate Area of Collier County. 5. High Level summary of the responsibilities of the different regulatory agencies,to include Collier County, FDEP, Environmental Protection Agency (EPA), and SFWMD based on current delategated authority under Federal and State Oil & Gas regulations. 6. Identify the potential responsibility/liability of Collier County for oil wells that are on Collier County property but owned and/or operated by others, i.e. those on Conservation Collier property. 7. Evaluation of existing regulations and identify, at a high level, the gap in regulations and practices and what improvements to the existing regulations could be recommended. 8. CONSULTANT will prepare and submit to the COUNTY a draft Technical Summary Report (TSR) not exceeding 12 pages for review and comment. CONSULTANT will conduct internal QA/QC review on the draft TSR prior to submission to the COUNTY. CONSULTANT will receive COUNTY's comments on the draft summary report. After addressing the COUNTY's comments, CONSULTANT will submit a final Technical Summary Report to the COUNTY. Task 4—Technical Presentation CONSULTANT will prepare and present the finding of the technical summary report to the Collier County Board of Commissioners related to Oil and Gas activities and it potential impacts to the COUNTY's Water Resources. 1. Prepare a PowerPoint presentation of the findings in the final Technical Summary Report. 2. Provide COUNTY Staff a draft version of the PowerPoint Presentat to review and comment prior to presented to Collier County Board of Commissioners and make changes as necessary for final review. 3. Conduct a 20 minute presentation to Collier County Board of Commissioners and 10 minute question and answer period. D. DELIVERABLES All deliverables shall be furnished in MSWord or AutoCAD and Adobe pdf format. The following deliverables are anticipated for each task: 1. Draft and Final Technical Summary Report provided in PDF 8/20/2014 Packet Page-3129- 9/9/2014 16.K.2. ^ 2. Draft and Final Presentation in PowerPoint and PDF format E. SUBCONSULTANTS There are no subconsultants included in this Scope of Services. F. SCHEDULE The services described herein will commence upon receipt by the CONSULTANT of a Notice-to- Proceed and executed Work Order from the COUNTY. The estimated time required to complete the tasks described above is as follows: ESTIMATED DURATION OF CONSULTANT TASK-PROJECT SERVICES Task 1 —Project Management From NTP Task 2—High Level Technical 20 Days from NTP Review of Existing Oil and Gas Reports Task 3-Technical Summary Report 30 days after issuance of NTP Task 4 Technical Presentation 40 days after issuance of NTP * It is anticipated that the services for the project will be performed within the time limits listed above. If the services have not been completed within the above time limit due to delays caused by COUNTY, COUNTY will consider request by CONSULTANT for additional compensation if CONSULTANT's costs have increased due to the extended project duration. CONSULTANT will observe the time limitations as set forth herein. CONSULTANT will not be responsible for delays beyond CONSULTANT's control, including delays caused by: (1) delays in receiving information from others except CONSULTANT's subconsultants; and(2)delays in obtaining subsequent authorization, approvals and review comments from COUNTY and other governmental agencies. If such a delay should occur,the schedule will be updated and adjusted as mutually agreed upon by CONSULTANT and COUNTY. 8/20/2014 Packet Page-3130- 9/9/2014 16.K.2. G. COUNTY RESPONSIBILITIES 1. COUNTY will designate a Project Representative, as COUNTY's representative and primary contact for CONSULTANT. CONSULTANT will rely on COUNTY's designated Project Representative for instructions and approval of CONSULTANT's services. 2. COUNTY will attend all required meetings and provide feedback to Draft Documents in a timely manner. 3. COUNTY will provide CONSULTANT access to COUNTY documents in electronic format. H. BASIS OF COMPENSATION For the professional services as set forth in this staffing and cost proposal (proposal),the COUNTY shall compensate the CONSULTANT as provided for in Article 5 of the Agreement and as follow: Table No. 1—Fee Summary Task Fee Type Task No.1 —Project Management $1,374 Lump Sum Task No. 2—Technical Review of Existing Oil and Gas $4,170 Reports Lump Sum Task 3- Technical Summary Report $12,686 Lump Sum Task 4—Technical Presentation $9,270 Lump Sum Total Not to Exceed Fee $27,500 Compensation for the services provided shall be due and payable monthly based upon the work approved by the COUNTY. The total fee is calculated based on the Rate Schedule, effective March 9, 2014,which is included in Attachment B to the Agreement. Certain assumptions have been made in developing the fee for the scope of services described herein. To the extent possible, they are stated in this proposal. If changes to the work result in changes to the level of effort presented in this proposal, then the scope of services and fee may be revised by mutual agreement. 8/20/2014 Packet Page-3131- 9/9/2014 16.K.2. Attachment No. 1—Project Budget to this proposal provides a breakdown of the fee calculation. I. OTHER PROVISIONS All provisions contained in the Agreement not specifically modified herein, or in the associated Work Order authorizing this work, shall remain in full force and effect and are incorporated by reference herein. PROPOSED BY: AECOM Technical Services, Inc. By: Mark J. Abbott Senior Operations Manager Witness: Ronald R. 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