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Agenda 05/28/2013 Item #16K3 Proposed Agenda Changes Board of County Commissioners Meeting May 28,2013 Withdraw Item 16B1: Recommendation that the Collier County Board of County Commissioners (BCC),as the Community Redevelopment Agency(CRA),approve an amendment to the previously approved Disaster Recovery Initiative(DRI)/Disaster Recovery Enhancement Funds(DREF)grant agreement between the BCC and the CRA. (Staff's request) Move Item 16D12 to 11F: Recommendation that Collier County no longer pursue wetland mitigation credits at Pepper Ranch Preserve, but continue to pursue grants for wetland restoration and panther habitat mitigation credits on the property. (Commissioner Nance's request) Withdraw Item 16K3: Recommendation for the Board of County Commissioners acting as the Airport Authority to approve and authorize the County Attorney's Office to retain consulting and expert witness services for the lawsuit captioned Quality Enterprises, USA, Inc. v Collier County Airport Authority (Case No. 12-4345-CA) in compliance with Section VII H of the Purchasing Policy. The estimated fiscal impact is approximately $38,105. (Staff's request) Time Certain Items: Item 13A to be heard at 9:30 a.m., immediately followed by Item 13B Item 11A to be heard at 10:30 a.m. Item 11E to be heard at 1:00 p.m. 5/28/2013 16.K.3. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners acting as the Airport Authority to approve and authorize the County Attorney's Office to retain consulting services for the lawsuit captioned Quality Enterprises, USA, Inc. v Collier County Airport Authority (Case No. 12-4345-CA) in compliance with Section VII H of the Purchasing Policy and approve the necessary budget amendment. The estimated fiscal impact is approximately$38,105. OBJECTIVE: To secure consulting to support the pending litigation over the matter of"fill- dirt"removed from the Immokalee Airport. CONSIDERATIONS: On December 13, 2012, Collier County was served a Complaint filed by Quality Enterprises ("QE") USA, Inc. demanding reimbursement for fill-dirt dredged in the Immokalee Airport Lake Expansion Project but not provided to QE as promised by then Airport Director Theresa Cook. QE is demanding approximately $180,000 in damages. Collier County filed an Answer denying the allegations in the Complaint. On March 26, 2013, the Clerk of Court presented an Audit Report to the Board of County Commissioners regarding the Immokalee Airport Lake Expansion Project. The Clerk's Audit presented multiple issues related to the litigation including the issue of exactly how much fill-dirt was dredged or excavated by QE and how much fill-dirt, if any, QE was authorized to remove from the Airport property. On March 26, 2013, the Board of County Commissioners directed the County Attorney's Office to defend the litigation and not settle the matter at the previously scheduled March 29, 2013 Mediation. The Mediation was continued by agreement of the parties. In order to move forward with the litigation, the County must determine the accurate amount of fill-dirt dredged from the lake and the amount of fill-dirt remaining at the Immokalee Airport. The measurements presented by the Clerk's Office are not consistent with the measurements alleged by the Plaintiff QE. In order to confirm the fill-dirt measurement and quantities, the County sought and received a proposal from RWA, Inc., currently under Collier County Fixed Term Contract No.: 09-5262-S- SSM-Surveying and Mapping. The proposal is for land surveying services associated with the Lake Expansion Project at the Immokalee Airport. The County seeks to gain a better understanding of how much excavated lake material still resides in the stockpile and how much of the material may have migrated. The RWA, Inc. proposal is attached. The total estimated fee is a fixed term fee for $38,105. The County's Transportation Engineering Department in the Growth Management Division is assisting the County Attorney's Office with these land surveying services. Section VII, H of the Purchasing policy states: "The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department without further action. Acquisitions that exceed $50,000 may be authorized by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification." Although this purchase is authorized by the Purchasing Policy, this item is included on the Board Agenda as an update to the discussion held on March 26, 2013. Packet Page-2544- 5/28/2013 16.K.3. FISCAL IMPACT: The total estimated fee is a fixed term fee for $38,105. Funds are not presently budgeted for this purpose. Based on Board action to proceed, the necessary budget amendment will be processed and the source of funds is General Fund Reserves 001. GROWTH MANAGEMENT IMPACT: There is no growth management impact association with this recommendation. LEGAL CONSIDERATIONS: The costs associated with this item are for consulting purposes only. Should this case proceed to trial and expert witness services be required, there may be additional costs associated with this work. This item has been reviewed as to form and legality, and requires majority vote for Board approval.—CMG RECOMMENDATION: Recommendation for the Board of County Commissioners acting as the Airport Authority to approve and authorize the County Attorney's Office to retain consulting services for the lawsuit captioned Quality Enterprises, USA, Inc. v. Collier County Airport Authority (Case No. 12-4345-CA) in compliance with Section VII H of the Purchasing Policy and approve the necessary budget amendment. The estimated fiscal impact is approximately $38,105. Prepared by: Colleen M. Greene,Assistant County Attorney Packet Page-2545- 5/28/2013 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation for the Board of County Commissioners acting as the Airport Authority to approve and authorize the County Attorney's Office to retain consulting and expert witness services for the lawsuit captioned Quality Enterprises, USA, Inc. v Collier County Airport Authority(Case No. 12-4345-CA) in compliance with Section VII H of the Purchasing Policy. The estimated fiscal impact is approximately$38,105. Meeting Date: 5/28/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/20/2013 5:03:35 PM Approved By Name: GreeneColleen Title:Assistant County Attorney,County Attorney Date: 5/21/2013 9:53:44 AM Name: GreenwaldRandy Title:Management/Budget Analyst,Office of Management&B Date: 5/21/2013 10:05:55 AM Name: KlatzkowJeff Title:County Attorney Date: 5/21/2013 11:10:14 AM Name: OchsLeo Title: County Manager Date: 5/21/2013 1:31:43 PM Packet Page-2546- 5/28/2013 16.K.3. U1TAINC. CONSULTING 1 t 1' VA. Z •Planning 'Visualization •Civil Engineering`Surveying&Mapping May 8,2013 Joe Delate;PLA,ASIA Senior Project Manager Transportation Engineering Department Growth Management Division 2885 South Horseshoe Drive Naples,FL 34104 Subject: Professional Service Proposal for Immokalee Regional Airport—Topographic Survey Effort in Support of the Audit Report (RWA,Inc.File No. 130024.00.00) Dear Joe, RWA, Inc. is pleased to submit the following proposal for land surveying services associated with the development of the subject project. Collier County wants to gain a better understanding of how much of the excavated canal/lake material still resides in the stockpile, and how much of the material may have migrated. Outlined below is our understanding of the project profile and the assumptions we have used to develop our scope and associated fees in response to your request for proposal. The deliverable will be an electronic Topographic and Record Survey, we shall also provide a hard copy, written Surveyors Report. Photographs will be embedded into the CADD file in order to provide a visual component. Copies of the photos will be provided as well. RWA has been able to gather the topographic survey in a CADD file used by the Engineer of Record for the Lake Excavation and Canal realignment, as well as aerial photographs for every year, dating back to prior to the placement of the fill. In each aerial photo it is pretty clear that the stock pile becomes smaller. Also,the Airport personnel have reasonably certain dates of when they moved/utilized fill material around the airport. Using those photos, and the dates provided,the Consultant and the Counties Project Manager will be able to make reasonable estimations as to the volume of fill material that was removed from the stock pile,in each calendar year. PROJECT PROFILE • The subject property is generally located in the City of Immokalee, lying in Sections 34 and 35, Township 47 South,Range 29 East,Collier,Florida. • The project areas will be surveyed as one project. • The Client desires to retain the services of RWA, Inc. (Consultant) and proceed with the Project as described within this proposal. The work shall be contracted under the Collier County Annual Contract No. 09-5252S -Engineering Supplemental, corresponding Manhour projection spread sheet is provided with this fee proposal. PROJECT ASSUMPTIONS • The Client will make available all pertinent information, permits, and documents associated with the required Project, including, but not limited to, existing surveys, title policies, O&E reports and engineering/civil plans in Auto CADD electronic format,if any exist. Packet Page-2547- 5/28/2013 16.K.3. • No Boundary Survey type determinations will be necessary in this efforts. • This proposal includes performing all services described within on a one-time basis. • The project Horizontal datum shall be tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. RWA will provide project control network sheets for the survey baseline control points • All field survey activities shall be performed under the direct supervision of a Professional Surveyor& Mapper licensed and in good standing with the State of Florida and shall adhere to the State of Florida Minimum Technical Standards in 53-6,FAC. • The units of measurement for this project shall be in US Survey feet. • Daily information shall be recorded in hard bond field book format and/or electronic data collector. All level and horizontal traverse networks shall be closed to the starting point and the errors recorded.If the errors are above the standards outlined 53-6 FAC (p) 1.,2.,a,b.(1 foot in 10,000 feet), the survey shall re-run the horizontal and vertical traverses until the errors are eliminated within the acceptable range. Field notes shall include: the date, names of the crew, weather conditions and collected survey data information. • The project Vertical datum shall be NAVD 88. SCOPE OF SERVICES 1. Information Gathering Consultant shall attend up to two(2)additional meetings,on site,with Airport Personnel,to gain a better understanding of multiple locations for the placement of the excess dirt excavated from the newly constructed lake. If one of the meetings is held with a field survey crew present, the field crew time for that meeting shall be considered productive time,and counted against the below listed Topographic Survey Task, and not billed to the client as a Meeting time. 2. Topographic Survey—DTM Preparation,Volume Determination • Consultant shall establish a series of horizontal control points,either tradition ground survey methods,or by use of Global Positioning equipment.We will then run a closed loop vertical level run through those points to establish our vertical datum and benchmarks. • Consultant shall cross section the newly realigned segment of the perimeter canal/berm complex. The canal appears to be rather uniform, so cross sections can be limited to changes of direction,or obvious deviation away from the plan. • Consultant shall cross section the newly constructed lake. The plan and As — Built drawings show a proposed flat bottom lake. Consultant shall take random soundings across the bottom to determine if in fact the bottom is flat. Once that has been determined,the consultant shall concentrate on cross sectioning the lake bank,from the top or the bank, down to the top of the bottom slope.The lake also appears to be rather uniform in construction. Cross sections can be spread out in straight uniform areas, therefore cross sections shall be more frequent in areas where there is a change in direction or obvious deviation away from the plan. K:12013\130024.00.P01dmokalee Airport Lake As-Built10012013-05-011 PSA.doc Packet Page-2548- 5/28/2013 16.K.3. • Consultant shall cross section and gather topographic information on the existing spoil piles northwest of the lake.The frequency of the cross sections shall be dictated by the shape of the pile, and taken at grade breaks, changes in direction or other factors that could be used to calculate the volume of the pile. • Consultant shall gather topographic data around the third (northernmost) industrial building, in the area where the previous existing lake was filled in, around the newly constructed turbine test building, around the airport property where depressional areas were filled (3 or 4 known as of now), the park area in the south western portion of the site,and several other areas where fill material from the original spoil area was placed. 3. DTM Preparation,Volume Determination • Consultant shall clip out those areas of focus,that are to be surveyed,from the original Topographic survey,supplied to the consultant.Once the base topographic information is clipped into a new base map file, the consultant shall prepare a pre-excavation surface (DTM)that we can used to compare to the May 2013 survey effort in order to determine current volumes. • Consultant shall prepare a post excavation-current conditions surface(DTM). Existing contours will be shown as at one-foot intervals, as the original data was depicted. Consultant shall then calculate the volume of material excavated, from the canal and lake,the volume of the material in the current stockpile,and the approximate volume of the material placed around the airport site. Very little is known about the depth of the lake that was filled, and the bottom elevation of some of the other areas filled. The Consultant shall,with the assistance of the County PM,make certain assumptions as to the base data in those areas. Each area around the Airport that was filled, will have a volume of material placed, and a date the material was placed.Likewise,the stockpile will have a volume listed for the date of each of the aerial photographs were taken. Consultant will then tabularize the volumes,by calendar date to the best of our ability. • In addition to the topographic survey, consultant shall photo document, with date stamp, any irregularity that cannot be depicted with sufficient detail to accurately describe the condition. Photos will be numbered and will also be hyper linked within the drawing. 4. Geotechnical Boring • Consultants subcontractor, YPC Consulting Group, (Geotechnical Engineering) shall perform two (2) soil borings in the area of the original lake that was filled in,for the purpose of determining the estimated depth of the lake. This is needed so we can calculate the amount of fill material that was used to fill the lake.The soil boring shall be grouted in accordance with regulatory requirements. Subconsultant shall obtain the necessary permits for the soil borings. 5. Deliverables • The final products(topographic,control surveys,as well as the DTM)shall be delivered in AutoCAD (Version 2012) .DWG Format,. The responsible charge Surveyor shall prepare an Report, which shall explain the methods use, any assumptions and what K:12013\130024.00.PO lmmokalee Airport Lake As-Bui1t10012013-05-08 PSA.doc Packet Page-2549- 5/28/2013 16.K.3. those assumptions were based one that may have been used in the calculations and the findings of the field survey.The survey control points will be provided in an ASCII file format and shall have a point number,elevation,and description. • The final surveys shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System-based network, to assure an error-free or closed control network. Relative error or loop closure will conform to requirements of subsection 5J- 6(1)(e),FAC,All control points will be referenced to the Florida State Plan Coordinate System,NAD 1983/1999 Adjustment. PROFESSIONAL SERVICE FEES The professional service fee estimates for the associated scope of services are listed below. Scope Items Fee Type 1.0 Information Gathering $ 1,000 Fixed Fee 2.0 Topographic Survey $ 26,685 T\M\E 3.0 DTM Preparation $ 4,980 T\M\E 4.0 Geotechnical Borings $ 3,160 Fixed Fee 5.0 Deliverable Preparation $ a.280 Fixed Fee Total $ 38,105 Fixed Fee Reimbursable Expenses $ 200 TNT Excluded Services The professional services to be provided by the Consultant are limited to those described in the Scope of Services. All other services are specifically excluded. Listed below are excluded services that may be required or desired by the Client: • Conservation Easement Descriptions and • Final Acceptance and Certifications Sketches • Special Purpose Surveys • Easement Vacations • Jurisdictional Location • FEMA EIevation Certificates S. cerel if 'chael A.Ward,PLS Director of Survey,VP Encl.: Man Hour Projection Spread Sheet K:\2013\130024.00.P01mmokake Airport Lake As-Built\00\2013-05-08 PSA.doc Packet Page-2550-