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Agenda 07/09/2013 Item #16D4 7/9/2013 16.D.4. EXECUTIVE SUMMARY Recommendation to declare a valid public emergency and to reinstate and extend expired Contract No. 11-5621 "Design for CAT Passenger Transfer Facility"with Atkins North America, Inc.,through Change Order No.2,in order to add time to allow for final design, permitting and construction services. OBJECTIVE: To obtain a declaration of a valid public emergency and to reinstate and extend expired Contract No. 11-5621 so that engineering and construction services can continue to be provided, as originally solicited in accordance with the Consultant's Competitive Negotiation Act (CCNA), under federal grant funding for improvements to the Collier Area Transit (CAT) Administration, Operations & Maintenance Facility located at 8300 Radio Road. CONSIDERATIONS: Collier County Board of County Commissioners approved a lawfully solicited CCNA contract with Atkins North America, Inc. in the amount of$502,451.20 on September 13, 2011, to design and permit improvements to the CAT Facility at 8300 Radio Road. These improvements include the addition of Americans with Disabilities Act(ADA) improvements (i.e., passenger restrooms, elevator)to the administration building, addition of a sawtooth bus bay and canopy, addition of a permanent fueling island and bus wash down facility, environmental and site improvements and raising doors in the Maintenance Bay to allow use by Fleet Management. There was sufficient funding provided for design of the improvements Subsequent to contract approval, staff issued Change Order No. 1 to allow an expedited preparation of plans for the Farebox Vault room in the amount of $9,990.00, and eighty seven (87) additional days to the project's original 480 day period to extend the contract through June 17, 2013. That change order was necessary to allow the timing of the vault room construction to coincide with the farebox installation contract. Building permits applications were prepared and Atkins has submitted the required plans for the Site Improvement process. Unfortunately, due to an administrative oversight, the contract was allowed to expire before staff could bring a Change Order to the Board to extend the original contract's termination date. Staff has prepared Change Order No. 2 to address this issue, which reinstates the original contract and extends the completion date through December 31, 2013. This project is important because it will provide a permanent fueling site and alleviate the need for the current practice of fueling buses by truck. The installation of a permanent fueling station will promote safety. Funds have been accumulating for this project over several years. At the request of the grantor (the Federal Transit Administration—"FTA"), staff has identified a plan to expend grant funds on this project to avoid losing funding. (see attached correspondence) Failure to extend the consultant's design contract would put the County at risk of losing a minimum of$464,710 (or more) in FTA grant funds and thereby jeopardize the opportunity to construct the project. For the reasons stated above, staff requests the Board to declare a valid public emergency, to avoid the need to re-solicit design services for this project and risk the potential loss of almost half a million dollars in federal grant funds if the project is not bid by July 2013. Staff further requests that the Board reinstate and extend Contract No. 11-5621 with Atkins, which was originally lawfully solicited under the CCNA and approved by the Board, for an additional one hundred ninety seven (197) days to allow for comments to be addressed and completion of final design and construction services of contract 11-5621 by approving Change Order No.2. FISCAL IMPACT: Federal funding for the design is available in Collier Area Transit Fund 426, within Project No. 35010. The source of funding is FTA Section 5309 grant funding with no local match requirement. No additional funds are required as a result of this change order. LEGAL CONSIDERATIONS: The County Attorney's Office is providing an"after the fact"review of staff's request to reinstate and extend Contract No. 11-5621, which expired on June 17, 2013. The requested reinstatement and extension is required so that the consultant can finish its work under this federal grant funded project. The CCNA requires public agencies to make a public announcement of each occasion when professional services are required to be purchased, except in cases of valid public emergencies. Packet Page-941- In Florida Attorney General Opinion 75-78, Escambia County asked the Attorney General v 7/9/2013 16.D.4. employ another engineering firm on an emergency basis to meet a federal deadline when the contract of the original engineering firm it had hired to perform the services was terminated. The Attorney General stated "that under the express terms of the CCNA, a public body within the purview of the act is not required to comply with the notice and competitive negotiation requirements of the act "in cases of valid public emergencies so certified by the agency head. The question of what is an "emergency" is, of course, a question of fact to be determined [by the board] in the particular context in which it arises." Fla. AGO at pg. 1. Ultimately, the Attorney General opined that the facts stated by Escambia County (ie., the pressing necessity to contract with an engineering firm in time to meet a deadline to qualify for federal funding) appeared to show a `'pressing necessity or exigency" consistent with a valid public emergency. Id. at pg. 2. This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: Consistent with Objective 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners (1) declare a valid public emergency and approve the reinstatement and extension of expired Contract No. 11-5621 to Atkins North America,Inc. and(2) authorize the Chairwoman to sign the attached Change Order No. 2 memorializing the parties' agreement to reinstate and extend the contract through December 31,2013. Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Department. Attachments: • Change Order#1 • Change Order#2 • Contract Modification • AGO Opinion • FTA Letter Packet Page-942- 7/9/2013 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve an extension of Contract No. 11-5621 "Design for CAT Passenger Transfer Facility" with Atkins North America, Inc., in order to add time to allow for final design, permitting and construction services. Meeting Date: 7/9/2013 Prepared By Name: Scott Trinity Title: VALUE MISSING 6/25/2013 9:43:52 AM Submitted by Title: VALUE MISSING Name: Scott Trinity 6/25/2013 9:43:54 AM Approved By Name: OteroBrandy Title: Project Manager, Associate,Transportation Engineer Date: 6/26/2013 1:10:39 PM Name: ArnoldMichelle Title:Director-Alt Transportation Modes,Alternative Tr Date: 6/27/2013 8:25:52 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 6/27/2013 10:58:43 AM Name: CummingsRhonda Title: Contracts Specialist,Purchasing&General Services Date: 6/27/2013 3:10:46 PM Packet Page-943- 7/9/2013 16.D.4. Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 6/28/2013 2:23:34 PM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing& Ge Date: 6/28/2013 2:40:39 PM Name: OberrathKaren Title: Senior Accountant, Grants Date: 6/28/2013 2:54:56 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 6/28/2013 2:58:36 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 6/28/2013 3:39:46 PM Name: KlatzkowJeff Title: County Attorney Date: 6/28/2013 4:43:55 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/1/2013 9:20:21 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/1/2013 9:47:10 AM Name: OchsLeo Title: County Manager Date: 7/1/2013 1:30:22 PM Packet Page-944- _ 7/9/2013 16.D.4. Coley ColottA ,,.,, .„rte—£ - ” >,,e..„. ..-. Purchasing Department ;=„or nalizive ServIces Divax Change Modification Form Contract Change Request ❑Work Order Modification i Contract#: 11- ..... Change#: I PO/Work Order#: I Project Name: Design Servicesfor CAT 5621 45005 133227 i Passenaer Transfer Facility Project#: 35010 Project Manager: Department: Alternative l ContractorlFirm Name: Atkins North Brandy Otero Transooration Modes i America • t/ Order 9- 3/11 15A24 Original BCC Approval Date; Agenda Item# OriGina( Contract/Work �.r�er Amours 502,4ti1.20 R. Current BCC Approved Amount $ 502,451.20 9.'13/11 15A24 Last BOO Approval Date: Agenda Item# Current Contract/Work Order Amount $ 502.451.20 3/22/2013 SAP Contract Expiration Date (Masten {Dollar Amount cf this Change $9.990.00 1.99% Total Change from Original Amount ,Revised Contract/Work Order Total $512,441 20 1.99% Change from Current BCC Approved Amount Cumulative Changes $9.990.00 1.99% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change { Original completion date: March i Last approved completion date: 1 Revised completion cafe(includes this 22. 2013 I March 22. 2013 I change): June 17, 2013 Number of days added . 87 j Each step on the contract modification Checklist form has been reviewed prior to me submitting for approval ((this box must be initialed by Project Manager) Add new taskisi ❑ Change task(s) Li Delete task(s) 1 ❑ Other(specify): i i 1. Provide a detailed and specific explanation of the requested change(s) to the task(s)and/or the additional days added: Add a task to prepare a separate set of permitting documents. construction documents, and bidding documents for the farebox vault and to complete all activities associated with these items. Add time to include construction N ! supervision. See attached scope of services. f , Provide detailed rationale for the requested change:The purchase and installation of the farebox vault and are 2- being funded with ARRA funding which must be spent prior to August 2013. In order to install the vault and expend the funds prior to the grant deadline, it is necessary to expedite this project and make it a stand aicne project. i 3. Provide explanation why change was not anticipated in original scope of work: The farebox contract was delayed several months due to contracting issues. Due to the delay. the consultant was delayed receiving the specifications for the farebox vault. In order to comply with grant requirements, it is now necessary to expedite the 1 farebox portion of the design project and make it a stand alone project. 4. Describe the impact if this change is not processed: The farebox vault will not be designed and constructed within the grant deadline which may result in the County being out of compliance with the Grant requirements and possibly losing funding I Type of Change/ Modification '❑ 1. Planned' Elective lu 2 Unforeseen conditions/circumstance ❑ 3. Quantity or price adjustment i 4 Correction of error s/ 2 5. Value added 6. Schedule adjustment 1 Change Requested By I Contractor/Consultant ; ❑ Owner ❑ Using Department j 10 Design Professional j ❑ Regulatory Agency)specify'(: _ i 71 Other(specify): Purchasing Professional Participated in Negotiation of Change!Modification: ❑) Yes ❑ No i i i Rzvwad:5)1615 i j ________ Packet Page-945- .. 7/9/2013 16.D.4. , Date: / .ri 1, 1-\ Approved byl , '',,s -r-r----., , L.---7 ,.....4:ti......34._ Name and Tifir T.J.2±-, :—. f----A„, 7i-, , i 7 L..-ti 1! h 4Z1—c".....IS .Dk ....1„N....e.it ., 1A4/1/11 , -'z' . . . . reviewed by. .1.,,,...,(//vt. I '' ailiA.,4 Date. / -/ / 7 Pi/ : :-...rocurement Strataist's Name , t, ) ,....._,- , . 00146 , Atoms Revisec 5115,12 • Packet Page-946- 7/9/2013 16.D.4. CHANGE ORDER CHANGE ORDER NO. i CONTRACT NO. 1 ti62 BCC Date: 9/13!I 1 Agenda item: 16 24 TO: Nathan West Atkins North America. Inc. 1514 Broadway. Suite 203 Fort Flyers. FL 33901 DATE: 9/14/12 PROJECT NAME: Design for CAT Passenger Transfer Facility PROJECT NO.: 35010 Under our AGREEME NT dated September 13. 2011 You hereby are authorized and directed to make the followinc chantgetsi in accordance with terms and conditions of the Agreement: Add Task 6.0: Preparation of Separate Farebox Construction Documents including all items in the attached scope of services. FOR THE 1i (Additive t Sum of: 59,991 (SNine Thousand Nine Hundred Ninety Dollars)_. Original Agreement Amount 5502.451 20 Sum of Previous Changes Sf) This Change Order add 59.990 Present Agreement Amount 55 12.440 20 The time for completion shall be increased by 87 calendar days due to this Change Order. Accordingly, the Contract Time is now 567 calendar days. The final completion date is June 17. 2013. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subiect to all the same terms and conditions as contained in our =5.{?reeement indicated above. as fully as if the same were repeated in this acceptance. The adjustment_ if any, to the Agreement shall constitute a ;lull and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. i �__. Packet Page-947- 7/9/2013 16.D.4.- ; Prepared by: Date: ' Brandy OteroAssociate Project Manager Alternarivr-Transponation Modes , Accepted by: Date: V ; David E. LonCAssociate Vice President Atkins North America. Inc. Approved by: LkU Date: - =2 Michelle Arnold, Alternative Transporation Modes I I Approved by: Date:_ f Steve Cmell. Public Services Division ( ,A Approved byi„./1"-Lik" ...tt '/V1/1,4/1/1,(7t Date: , Rhonda Cummings. Procurement,Str*ist Alm*, Packet Page-948- 7/9/2013 16.D.4. CHANGE ORDER SCOPE Contract # 11-5621 Design Services for Collier Area Transit (CAT) Transfer Facility This work order is for supplemental professional engineering services on behalf of Collier County (Contract 4 11-5621), for work known as Design Services for Collier Area Transit (CAT) Passenger Transfer Facility The work was submitted dated August 1 6, 201 2. which is hereto attached and made a pan of this contract. In accordance with the "Terms and Conditions'. within the Original A2.raement for Design Service for Collier Area Transit (CAT) Passenger Transfer Facility (hereafter. Agreement) referenced above. Scone of Work: Task 6.0 Preparation of Separate Fare Box Construction Documents CONSULTANT to provide permitting services and creation of additional informational plan sheets (Cover sheet and general notes) for the preparation of a separate set of sign and sealed contract documents in addition to the original contract documents, including submitting and obtaining all applicable permits, for the construction of the fare box improvements to the existing facility. CONSULTANT will prepare separate cost estimates from the original cost estimates prepared as part of the original contract agreement. The consultant acknowled=ges that these documents will he require a separate bidding process and a separate set of bidding documents from the main set of contract documents being prepared under the original contract agreement. CONSULTANT will follow same submittal guidelines as shown in the original contract w reement. Schedule of Work: Contract Bidding Documents will be completed for advertisement as directed by June 17. 2013. (See attached schedule) Compensation: in accordance with "Article Five' Of the Agreement. the County will compensate the designated firm in accordance with the negotiated Lump Sum amount provided below (use the established hourly rate(s) as enumerated in "Schedule A" of the Agreement). Task 5.0: Preparation of Separate Farc Box Construction Documents 59,990.00 TOTAL $9,990.00 Packet Page-949- 7/9/2013 16.D.4. Asookl An', chanu e within monetar_✓ authority of this work order made subsequent to ` uinai department approval will be considered an additional service and charaed according to "Schedule A" of the Aiireement. I 1 Packet Page-950- 1 7/9/2013 16.D.4. ________-,--- -------- ., 7;t•: , , ,...,.,. .,. ,.. ,.. , ,.., ,.. ..., .., ; ,....1,-. . 7 , a. .'.■ ? 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CHANGE ORDER CHANGE ORDER NO. 2 CONTRACT NO. 11-5621 BCC Date: 9/13/11 Agenda Item: 16 A 24 TO: Nathan West Atkins North America, Inc. 1514 Broadway, Suite 203 Fort Myers, FL 33901 DATE: 6/24/13 PROJECT NAME: Design for CAT Passenger Transfer Facility PROJECT NO.: 35010 Under our AGREEMENT dated September 13, 2011 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Add time to contract as shown below. FOR THE Sum of: $0 Original Agreement Amount $502,451.20 Sum of Previous Changes $9.990.00 This Change Order add or deduct $0 Present Agreement Amount $512,440.20 The time for completion shall be increased by 197 calendar days due to this Change Order. Accordingly, the Contract Time is now 764 calendar days. The final completion date is December 31, 2013. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and fmal settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. IN WITNESS WHEREOF,the Contractor and the County have each,respectively, by an authorized person or agent,hereunder set their hands and seals on the date(s)indicated below. Accepted: 20___ CS) Packet Page-952- 7/9/2013 16.D.4. A I EST: OWNER: Dwight E.Brock,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: Georgia AJ-Iilier. Esq.. Chain:,oman CONTRACTOR: Atkins\Niorth America BY: Brandy:Otero, Associate Project Manage! : Y (KAY-el, Mark b. Micikas.PE DEPARTME,..NT DIRECTOR By: 4(1: • Michelle Arnold Contractor First Witness, ADMENISTRATOR Type/Print witness name By: - Stever.amell — Contractor Second Witness PROCUREMENT STRATEGIST Type/print witness name By: : Rhonda Cummings Approved as to form and Legal sufficiency: Assistant County Attorney Packet Page-953- ... 7/9/2013 16.D.4. Purchasing Department Change Modification Form ® Contract Change Request C❑Work Order Modification Contract#: 11- Change#:2 PO/Work Order#: Project Name: Design Servicesfor CAT 5621 4500133227 Passenger Transfer Facility Project#: 35010 Project Manager: Department:Alternative Contractor/Firm Name:Atkins North Brandy Otero Transporation Modes America Original ContractNVork Order Amount $ 502,451.20 9/13/11 16A24 Original BCC Approval Date;Agenda Item# Current BCC Approved Amount $ 502,451.20 9/13111 16A24 Last BCC Approval Date;Agenda Item# Current Contract/Work Order Amount $ 512,441.20 6/17/2013 SAP Contract Expiration Date(Master) Dollar Amount of this Change $0.00 1.99% Total Change from Original Amount Revised ContractlWork Order Total $512,441.20 1.99% Change from Current BCC Approved Amount ,Cumulative Changes $9,990.00 0.00% Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Original completion date: March Last approved completion date: June i Revised completion date (includes this 22,2013 17,2013 I change): December 31. 2013 Number of days added : 197 Each step on the contract modification checklist form has been reviewed prior to me submitting for approval (this box must be initialed by Project Manager) ❑ Add new task(s) ❑ Change task(s) I ❑ Delete task(s) 1. Other(specify):Add time to allow for construction services. 11. Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional days added: Add time to expired contract to allow for final design based on permitting review comments and to include construction services. 2. Provide detailed rationale for the requested change:The consultant is required to respond to building permit I review comments and to Requests for Information(RFI)and submittal reviews during construction. 3. Provide explanation why change was not anticipated in original scope of work:At the time of contract award, there was not sufficient funding to construct the improvements to the facility and the consultant was tasked with developing a master plan that would allow for phased construction. Funding has since been identified to complete the first phase of the project. Building permits applications were prepared as funding was identified due to the fact that they are typically not submitted until construction is imminent.The contract must be extended to allow for final design based on permit review comments, and construction services. 4. Describe the impact if this change is not processed:The improvements to the facility will not be constructed within the grant deadline which may result in the County being out of compliance with the grant requirements and possibly losing funding. Type of Change/Modification ❑ 1. Planned/Elective ® 2. Unforeseen conditions/circumstance ❑ 3. Quantity or price adjustment 0 4. Correction of error(s) ❑5. Value added _ 14 6. Schedule adjustment Change Requested By ❑ Contractor/Consultant Cx Owner i ❑ Using Department Design Professional ❑ Regulatory Agency(specify): ❑ Other(spec ): Purchasing Professional Participated in Negotiation of Change/Modification: ❑Yes D No Revised:5116112 1 Packet Page-954- 7/9/2013 16.D.4. Approved by: • Date:6/25/13 Name and Title: ArandyCtero, Associate Project Manager Reviewed by: Date: 6/25/13 Procurement Strategist's Name: Rhonda Cummings Revised:5/16/12 2 Packet Page-955- 7/9/2013 16.D.4. Purchasing Department Adr'r rte Vices vision Change Modification Form Purchasing ® Contract Change Request ❑Work Order Modification Contract#: 11- Change#:2 PO/Work Order#: Project Name: Design Servicesfor CAT 5621 4500133227 Passen er Transfer Facility Project#: 35010 Project Manager: Department: Alternative for/Firm Name:Atkins North Brandy Otero Transporation Modes America Original Contract/Work Order Amount $ 502,451.20 9/13/11 16A24 Original BCC Approval Date;Agenda Item# Current BCC Approved Amount $ 502;451.20 9/13/11 16A24 Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 512,441.20 6/17/2013 SAP Contract Expiration Date (Master) Dollar Amount of this Change $0.00 1.99% Total Change from Original Amount Revised Contract/Work Order Total $512,441.20 1.99% Change from Current BCC Approved Amount Cumulative Changes $9,990.00 0.00% Change from Current Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Original completion date: March Last approved completion date: June Revised completion date(includes this 22, 2013 17,2013 change): December 31, 2013 Number of days added : 197 Each step on the contract modification checklist form has been reviewed prior to me submitting for approval (this box must be initialed by Project Manager) ❑Add new task(s) ❑ Change task(s) ❑ Delete task(s) ® Other(specify): Add time to allow for construction services. 1. Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional days added:Add time to expired contract to allow for final design based on permitting review comments and to include construction services. 2. Provide detailed rationale for the requested change:The consultant is required to respond to building permit review comments and to Requests for Information (RFI)and submittal reviews during construction. 3. Provide explanation why change was not anticipated in original scope of work:At the time of contract award, there was not sufficient funding to construct the improvements to the facility and the consultant was tasked with developing a master plan that would allow for phased construction. Funding has since been identified to complete the first phase of the project. Building permits applications were prepared as funding was identified due to the fact that they are typically not submitted until construction is imminent. The contract must be extended to allow for final design based on permit review comments, and construction services. 4. Describe the impact if this change is not processed: The improvements to the facility will not be constructed within the grant deadline which may result in the County being out of compliance with the grant requirements and possibly losing funding. Type of Change/'Modification 1. Planned/Elective 1212. Unforeseen conditions/circumstance ❑ 3. Quantity orprice adjustment ❑4. Correction of error(s) ❑ 5. Value added ED 6. Schedule adjustment Change Requested By ❑ Contractor/Consultant Owner ❑ Using Department ❑ Design Professional ❑ Regulatory Agency (specify): ❑ Other(specify): Purchasing Professional Participated in Negotiation of Change/Modification: ❑ Yes ❑ No Revised:5/16/12 1 Packet Page-956- Approved by: Date: 6/25/13 7/9/2013 16.D.4. Name and Title: rand ro, Associate Project Manager Reviewed by: ,. .T1 '��r::_ am Date: 6/25/13 Dcurement Strategist's Name: Rhonda Cummings Revised:5/16112 2 Packet Page-957- Advisory Legal Opinion - Consultants' competitive negotiation act 7/9/2013 16.D.4. Florida Attorney General Advisory Legal Opinion Number: AGO 75-78 Date: March 18, 1975 Subject: Consultants' competitive negotiation act CONSULTANTS ' COMPETITIVE NEGOTIATION ACT--CONTRACTING FOR EMERGENCY SERVICES To: Jack Greenhut, Escambia County Attorney, Pensacola Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General QUESTION: May a board of county commissioners employ another engineering firm to complete a study on an emergency basis in order to meet a federal deadline when an engineering firm has failed to perform an engineering contract at the time specified and its contract has been terminated by the board? SUMMARY: Under the express terms of the Consultants ' Competitive Negotiation Act, s. 287 . 055, F. S. , a board of county commissioners ma y, in case of a valid public emergency so certified by it, contract for professional architectural, engineering, or surveying services without complying with the competitive negotiation requirements of the act. The question of whether such an emergency exists is one of fact to be initially determined by the board. Under the express terms of the Consultants ' Competitive Negotiation Act, s. 287. 055, F. S. (the "CCNA" hereafter) , a public body within the purview of the act is not required to comply with the notice and competitive negotiation requirements of the act "in cases of valid public emergencies so certified by the agency head. " The question of what is an "emergency" is, of course, a question of fact to be determined in the particular context in which it arises . See 29A C.J.S. Emergency, p. 141. Accord: City of Miami v. Gioia, 215 So.2d 780 (3 D.C.A. Fla. , 1968) , defining emergency within the purview of a civil service rule relating to service in a higher classification to mean "a pressing necessity or exigency, not necessarily wholly unexpected. " See also Pace v. State ex rel . Smedley, 7 So.2d 595 (Fla. 1942) , affirming the trial court ' s finding on the pleadings Packet Page-958-.m y floridale g al.com/a g o.nsfi p ri._ DFC854FD852566B8006F 16... 7/2/2013 Advisory Legal Opinion- Consultants' competitive negotiation act 7/9/2013 16.D.4. that an emergency existed which justified the appointment of the relator as executive head of a municipal department. While the Florida courts have not spoken on the meaning of emergency under the CCNA, the facts stated in your letter appear to be sufficient to show a "pressing necessity or exigency" to contract for an engineering study in time to meet the deadline for qualifying for federal funding of the city' s sanitary sewer system. However, the Attorney General is not a fact-finding official or body. The question of whether an emergency existed must, under the express terms of the statute, be initially determined or "certified" by the board of county commissioners; and, should the board' s decision in this respect be questioned, it should be resolved in an appropriate proceeding in which both sides of the controversy may be heard. http://w�vw.myfloridalegal.comiago.nstypri_Packet page:959�DFC854FD$52566B8006F16... 7/2/2013 7/9/2013 16.D.4. COltier GOTS ireitY Public Services Division Alternative Transportation Modes February 4, 2013 Mr. Dudley Whyte, Director Federal Transit Administration, Region IV Operations &Program Management 230 Peachtree,NW Suite 800 Atlanta, Georgia 30303 Re: Closeout Exclusion Request for FL040033 and FL040034 Dear Mr. Whyte: Please accept this letter as justification for the granting of our Closeout Exclusion Request for FL040033 and FL040034. You will see from the information provided that Collier County has been diligently working towards the expenditure of the funds and is ready to proceed with a comprehensive development of its Transit Operations Facility. Collier County purchased the site at 8300 Radio Road in 2005 which was an old car dealership. Required repairs and minimal improvements were made to the property to allow it to function as a transit operations and maintenance facility. After working with area residents to minimize impacts, Collier County was granted a conditional use to allow the facility to serve as a secondary transfer center in March 2010. Minor improvements were completed in January 2011 (portable restroorns, signage and striping to delineate boarding and alighting for bus transfers) with local funding so the preliminary transfer activities could take place at the facility until such time that permanent improvements could be made. Today, the facility houses the transit administration offices, vehicle storage and maintenance facility, and a temporary transfer center. Collier Area Transit (CAT) buses are fueled by a fuel truck that is stationed on site and there are no permanent passenger facilities. In fiscal years 2006 & 2007, the Federal Transit Administration (FTA) awarded funding for the construction of a permanent fueling island. In order to utilize these federal funds, an environmental assessment had to be completed and approved by FTA. Collier County Alternative Transportation Modes (ATM) staff completed the required environmental assessment, which resulted in notification from FTA on January 27, 2012 that the project qualified for a categorical exclusion(CE). Afterratve Transportation Modes.3299 Tamiani Trai East,Suite 103.Naples.Honda 34112-5746.239-252-5840•FAX 239-252-6628 mrw.colliergov.net Packet Page-960- 7/9/2013 16.D.4.- Mr. Dudley Whyte February 4, 2013 Page 2 On September 13, 2011, the Collier County Board of County Commissioners (BCC) approved the award of a contract to Atkins North America, Inc. for the design of upcoming and future planned improvements at the facility on Radio Road. The design project includes the addition of a permanent transfer station, construction of a fueling_ island and bus wash facility, construction of permanent passenger restroom facilities and other necessary improvements to enhance safety, security, operations and Americans with Disabilities Act (ADA) accessibility. The consultant was charged with creating a"master plan"as part of this project to allow for phased construction as funding allows. ATM staff has received 60% design plans and are working with the design professional towards 90% design plans. This master plan and design process is being funded from FTA Section 5309, FY 2003 funds (Grant#FL030264), which is highlighted below. Phase one of this project will consist of the addition of an elevator in the main building, permanent ADA accessible passenger restrooms, site access, upgrade of perimeter sidewalks, resurfacing of existing paved area, permanent fueling station and required site improvements to the existing water retention area. The following grants have been committed to phase one of this project: FTA Fiscal Grant# ALI Description Amount Section Year 5309 2003 FL030264* 11.31.01 Preliminary Design & $737,759 Engineering 5309 2009 FL040117 11.71.04 Construction Management $120,000 5309 2009 FL040117 11.44.03 Restrooms $109,375 5309 2009 FL040117 11.32.07 Money Room Security $17,630 Door 5309 2007 _ FL040033 11.44.03 Fuel Tank $238.000 5309 2006 FL040034 11.44.03 Fuel Tank $226,710 5307 2012 FL90X784 11.44.03 _ Oil Water Separator $130,000 5307 2012 FL90X784 11.34.01 Bus Terminal $25,435 5307 2012 FL90X784 11.34.07 Security $42,797 5307 2011 FL90X766 11.34.07 Lighting $25,046 5307 2010 FL90X731 11.32.07 Gate $25,365 5307 2009 FL90X699 11.44.03 Saw tooth Bus Bay, ADA $392,137 _ Restrooms * Funding expended towards project The Collier Metropolitan Planning Organization (MPO) has recognized the importance of this project and has scheduled a Transportation Improvement Plan (TIP) amendment for its February 8, 2013 Board meeting to transfer approximately $1.2M from Federal Highway Administration to FTA toward this capital improvement. Packet Page-961- 7/9/2013 16.D.4. Mr. Dudley Whyte February 4, 2013 Page 3 otiok Furthermore, Collier County is working with FTA to complete budget amendments on the following projects to ensure that residual funds from projects expended and completed can be applied to the Radio Road Facility project to secure its viability as depicted in the following table. FTA Fiscal Grant# Current Description Proposed Description Residual S Section Year ALI ALI Amount? 5309 08 FL0400047 11.44.03 Generator 11.44.03 Fuel Tank $62,618.62 5307 11 FL90X766 11.12.02 Bus 11.34.07 Lighting $2,333 Replacement 5307 11 FL90X766 11.12.02 Bus 11.34.07 Lighting $3,093 Replacement 5307 10 FL90X731 11.12.02 Bus 11.32.07 Gate $16,711.33 Replacement As described above, this is a large capital investment that Collier County has been diligently working toward over multiple years. Collier County will place the project out to bid in July 2013 and award by the end of the calendar year, with construction being completed by December 31, 2015. Collier County respectfully requests an exclusion from close out for grants FL040033 and Avow FL040034, as they are linked to an active grant (FL030264), which is progressing through the design process. Furthermore, Collier County has secured adequate funding to construct Phase one, which will be bid by July 2013, which will result in all of the above referenced grant funds being expended. Thank you for your consideration of this matter. I look forward to your response. If you have any questions or need additional information, please do not hesitate to contact me at MichelleArnoldicTeollieraov.net or via telephone at (239) 252-5841, if I am unavailable, please contact Trinity Scott,Public Transit Manager at trinitrscottacollieraov.net or(239) 252-5832. Best Regards, It vita■ Michelle Edwards Arnold, Director Collier County Alternative Transportation Modes Department cc: Steve Carnell,Public Service Division Administrator Christopher White, FTA Region IV, Program Manager Trinity Scott, Public Transit Manager dook Packet Page-962-