Agenda 06/28/2011 Item #16A 3
6/28/2011 Item 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve and ratify Staff's extension of Contract #06-
3969 with Stanley Consultants Inc and approval of Change Order #2 to
Work Order #4500110440, requesting an additional 30 days to process the
Consultant's final invoice for work completed on Gateway Triangle
Stormwater Improvements, Project 51803.
OBJECTIVE: For the Board to approve and ratify's Staff's authorization of an
extension to an expired Work Order (4500110440) by approval of Change Order
#2 that requests the addition of 30 days to the time to completion.
CONSIDERATIONS: Collier County entered into Contract #06-3969 with
Stanley Consultants Inc on September 26, 2006 for Professional Engineering
Services. This Contract expired on September 25,2010.
Work Order #4500110440 was issued while the master agreement was still in
effect. The Work Order authorized Stanley Consultants Inc to perform "Post
design services for Gateway Triangle Pump Station" (structures and
~. electric/electronic controllers construction related services) on September 25,
2009.
On August 6, 2010 staff issued Change Order #1 to the Work Order to add
$36,779.59 and extend the Work Order time to December 3, 2010. Change
Order #1 was issued under valid contract (#06-3969). However, work had to
progress past this date and staff is now requesting approval of Change Order #2
to extend the Work Order to January 2, 2011. The Consultant has successfully
completed the work at Staff's request, to the benefit of the County, and Staff
recommends approval.
When the original overall design for this project was done, it was not anticipated
that one segment of pipe which ran under US41, and was designed to be
installed via Directional Drilling, would have to be redesigned and permitted
through the Florida Department of Transportation to be installed by way of using
a different pipe material and open cutting the road. As the project progressed,
several tries were attempted for installation of the pipe in different locations using
directional drilling techniques, and because of wet unstable subsurface
conditions in one area where the pipe had to be placed, all tries failed. Without
the pipe installed, the pump station, pumps, and electronic controllers could not
be installed and tested as planned. With Change Order #1, additional time was
considered but was insufficient. The additional engineering, permitting, and
revised construction techniques for this project have pushed out the Work Order
~.
Packet Page -335-
6/28/2011 Item 16.A.3.
completion date. In the interim, no extension time remained in the expired
master contract.
FISCAL IMPACT: The fiscal impact of this Executive Summary is $10,405.53,
which is the unpaid balance left in the Work Order # 4500110440; these costs
are included in the current Work Order amount.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney is providing an "after the fact"
review of staff's prior extension of the referenced contract and associated work
order. The Board is authorized to determine the validity of equitable claims such
as quantum meruit and determine that the relief sought equitably reflects the fair
value of the work performed and furnished to the County, for which the County
has benefited, and approve and ratify the extension of the contract, associated
change to the Work Order and authorize any remaining payment owed to the
vendor. This item is legally sufficient and requires majority vote. - CMG
RECOMMENDATION: Recommendation to approve and ratify Staffs extension
of Contract # 06-3969 with Stanley Consultants, Inc. and approval of a Change
Order #2 to the Work Order # 4500110440 for an additional 30 days in order to
process the Consultant's final invoice for work already completed at the Gateway
Triangle Pump Station.
Prepared by: Shane Cox, Sr Project Manager, Transportation Engineering
Department
Packet Page -336-
6/28/2011 Item 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.A.3.
Item Summary: Recommendation to approve and ratify Staff's extension of Contract #06-
3969 with Stanley Consultants Inc and approval of Change Order #2 to Work Order
#4500110440, requesting an additional 30 days process the Consultant's final invoice for work
completed on Gateway Triangle Stormwater Improvements, Project 51803.
Meeting Date: 6/28/2011
Prepared By
Name: Cox Shane
Title: Project Manager, Senior,Transportation Engineering
5/312011 4:25:09 PM
Submitted by
Title: Project Manager, Senior, Transportation Engineering
Name: CoxShane
5/3/20114:25:11 PM
Approved By
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineer
Date: 5/6/2011 8:24:02 AM
Name: TaylorLisa
Title: Management/Budget Analyst.Transportation Administr
Date: 5/1 0/2011 9:22:03 AM
Name: AhmadJay
Title: Director - Transportation Engineering,TranspOl1ation Engineering & Construction Management
Date: 5/10/20 II 9:33:31 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 5/10/2011 4:07:08 PM
Packet Page -337-
Name: Carnell Steve
Title: Director - Purchasing/General Services, Purchasing
Date: 5/12/2011 9:00:] 5 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/] 2/2011 9:58:32 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 5/27/2011 9:32:43 AM
Name: CummingsRhonda
Title: Contracts Specialist, Purchasing & General Services
Date: 6/1/2011 10:13:45 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transp0l1ati
Date: 6/2/20]] 3 :34: 19 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 61712011 1:17:30 PM
Name: GreeneColleen
Title: Assistant County Attorney.County Attorney
Date: 61l4/2011 12:56:24 PM
Name: KlatzkowJeff
Title: County Attorncy,
Date: 6/16/2011 10:06:41 AM
Name: UsherSusan
Title: Management/Budget Analyst. Senior,OfJice of Manage
Date: 6/20/2011 8:59:47 AM
Name: Ochsleo
Title: County Manager
Date: 6/20/2011 8:36:50 PM
Packet Page -338-
6/28/2011 Item 16.A.3.
6/28/2011 Item 16.A.3.
~_....
CHANGE ORDER TO WORKORDER
TO: Stanley Consultants Inc FROM:Capital Construction & Maintenance Dept
27300 Riverview Ctr Blvd 2885 S Horseshoe Dr
Bonita Springs FL 34134
Gateway Triangle Storm water Improvements
"Design / Post Design Services"
Project No.51803
work order date: September 25, 2009
change order number #2
Cbange Order Description:
This change order is to add time for the consultant to provide construction services.
Work Order # 4500 II 0440
date: April 15, 2011
This change order is to request an additional 30 days to be added to time allowed for this
work order. Stanley Consultants Inc is the electro-mechanical engineering design consultant
on this project and the construction bas encoWltered many unforeseen circumstances.
On September 25, 2009 the subject work order (#4500110440) was entered into with Stanley
Consultants Inc to provide Engineering Services which included limited support during
construction.
On December 15, 2009 the Board of County Commissioners awarded Contract # I 0-S366 to
Stevens and Layton, Inc. for the construction of the Phase 2 Improvements to the Gateway
Triangle Stormwater project (Project #51803). Construction began on February 15,2010.
Stanley Consultants's role was to provide professional engineering services for before- and
during- construction, related to the pumps, the pump house, the controllers, and the
generator.
No additional funds are being requested with this Change Order. This time request is for an
additional 30 days to ensure payment of final invoice. This work order expired because the
Gateway Triangle has had many unforeseen complications and the construction time has had
to be extended, and in turn Stanley Consultants' assistance needs to be extended. There was
a change order done to Stanley Consultants' W.O. in August 2010, and what was believed to
be sufficient additional time was added. More difficulties occurred after that and the work
went past the work order expiration date; it was an oversight on PM's and consultant's part.
Since then we have implemented a tracking method to use on work orders such as these.
Stanley Consultants provided this Stormwater project with the design of a pump station
(structure & pumps), electronic controllers, a building to house the controllers, and a
generator station. It is the complicated design of the electrical and electronic equipment that
should be handled through to close-out by Stanley Consultants. Additionally, Stanley
Consultants' structural engineer is familiar with the design of the building I structures and
has been keeping the construction of them in compliance with the Collier County building
permits.
On this particular work order (#45000 II 0440), the latest invoice closes it out. There is no
more budget. The last Work Order expiration date was Dec 3, 2010. Stanley Consultants'
work continued to January 1, 20 1 1.
Packet Page -339-
Change Order No.1
Page 2
6/28/2011 Item 16oAo301
.
Original agreement amount............................................... .$49,712
Sum of Previous Changes............................................. ......$36,779.59
This Change Order No.2 i\moWlt (add or subtract).................... .$0
Revised Agreement Amount...........".................................................$86,491,59
Original contract time in calendar days .......................................... ...365 days
Adjusted number of calendar days due to previous change orders............... 70 days
This change order adjusted time is... ............................. .............. .....30.days
Revised Contract Time in working days.......................................... .465 days
Original Notice to Proceed date .................................................. September 25, 2009
Completion date based on original contract time ........................ September 25, 2010
Revised completion date due to change order(s)......................... January 2, 2011
Stanlev Consultants Inc's acceptance of this change order shall constitute a modification to
our Agreement and will be performed subject to all the same terms and conditions as
contained in said Agreement indicated above, as fully as if the same were repeated in this
acceptance. The adjustment to this Agreement shall constitute a full and final settlement of
any and all claims arising out of, or related to, the change set forth herein, including claims
for impact and delay costs.
Prepared by: ~ ~
Shane Cox PE, Sr Project anager
Roadway Stormwater & Bridge Section
Date
~ils /;1
/
SECTION SUPERVISOR
Reviewed By:
Gary Putaansuu E, Principle Project Manager
Roadway Stormwater & Bridge Section
Date
~~ 1$'"-/(
Date ~//1 ) II
DIVISION
Approved
Norm Feder lCP
Growth M3jiagement Division
Date lit ~/II
Packet Page .340-
I
6/28/2011 Item 16.A.3.
.
Change Order No. I
I'3ge 3
Da1e:~
0a1e:~
I
Packet Page -341-
.---
.. ~~ County
- -~ -
Mrinisb'ative Services LAvisi:ln
F>Ulct1asing
o Contract Change Request
Contract #: ' Mod#: 2
06-3969 4
Project #: Project Manager:
51803 Shane Cox
Original ContractIWork Order Amount
Current BCC Approved Amount N/A '.""
Current ContractIWork Order Amount
Dollar Amount of this Change
Revised New ContractIWork Order Total I $86
Cumulative Chanoes 1 $36
Completion Date, Description 0
Origmal notice to proceed ' Last approved
completion date: 09/25/10 12/3110
Number of days added (if Explain why a
extension, must attach current I This change 0
insurance certificate(s) from SAP i this work orde
or Obtain from vendor): consultant on
circumstances
30
On Septembe
Consultants In
construction
On December
5366 to Steve
I the Gateway
February 15. 2
Stanley Consu
and during- co
the generator.
No additional f
for an addition
because the G
construction ti
extended. Th
was believed t
after that and t
PM's and con
use on work 0
I
I Stanley provid
controllers, a b
complicated d
through to clos
I with the desig
them in compli
unf~r"!liliar engi
6/28/2011 Item 16.A.3.
Purchasing Department
Change Modification Form
~ Work Order Modification
POlWork Order #:
500110440
Department: Transportation
En ineerin
Project Name: Gateway Triangle
Stormwater 1m rovements
Contractor/Firm Name: Stanley
Consultants Inc
$49,712
NlA Original BCC Approval Date; Agenda Item #
d, N/A Last BCC Approval Date; Agenda Item #
I: ,.~
.,....~,'
-'~:.'" ~..."
$86,492.
$0.00
,491.59
.779.59
73.99% Change from Original Amount
#VALUE! Change from Current BCC Approved Amount
0.00% Chan e from Current Amount
f the Task(s) Change, and Rationale for the Change
completion date: Revised compietion date (includes this
, change) 1 12 12011
ddillonal days are needed (detailed/specific):
rder is to request an additional 30 days to be added to time allowed for
r. Stanley Consultants Inc is the electro-mechanical engineering design
this project and the construction has encountered many unforeseen
r 25,2009 the suoject work order (#4500110440) was entered into with
c to provide Engineering Services which Included limited support during
15, 2009 the Board of County Commissioners awarded Contract # 10-
ns and Layton, Inc. for the construction of the Phase 2 Improvements to
Triangle Stormwater project (Project #51803. Construction began on
010.
Itant's role was to proVide professional engineering services for before-
nstruction, related to the pumps, the pumphouse, the controllers, and
unds are being allocated with this Change Order. This time request is
al 30 days to ensure payment of final invoice. This work order expired
ateway triangle has had so many unforeseen complications that the
me has had to be extended, and in turn Stanleys assistance needs to be
ere was a change order done to Stanleys WO in August 2010, and what
o be sufficient additional time was added. More difficulties occurred
he work went past the work order expiration date; rt was an oversight on
sultant's part. Since then we have implemented a tracking method to
rders such as these.
ed us wilh design of a pump station (structure & pumps), electronic
uilding to house the controllers, and a generator station. It is the
esign of the electrical and electronic equipment that should be handled
e-out by Stanley. Additionally Stanley's structural engineer is familiar
n of the building I structures and has been keeping the construction of
ance with the Collier County building permits. I would not recommend an
neer take these over at this point.
Revised: 2/21/11
1
I
Packet Page -342-
6/28/2011 Item 16.A.3.
!
Add new task(s)
On this particular work order (#45000110440) , this invoice closes it out. There is no
more budget. The last work order expiration date was Dec 3,2010. Their work went
into January of 2011. Additionally, this consultant has continued to provide their
services.
Change task(s) Delete task(s) Other (speclfy):Time Extension
.
1. Provide a detailed and specific explanation of the requested change(s) to the task(s): The work was completed in
January of 2011 which is 30 days later than originally intended per the work order.
2. Provide detailed rationale for the requested change: Add 30 days to expired work order to ensure that consultant's
invoice is accepted and paid.
3. Provide explanation why change was not anticipated in original scope of work: This work order expired because
the Gateway triangle has had so many unforeseen complications that the construction time has had to be extended, and
in turn Stanleys assistance needs to be extended.
4, Describe the impact If this change is not processed:
Time extension necessary to ensure the final invoice for consultant is processed and paid.
1. Planned I Elective
4. Correction of error s
Type of Change I Modification
2. Unforeseen conditions/circumstance
5. Value added
3. Quantit or rice ad'ustment
[gJ 6. Schedule ad'ustment
Change Requested By
e I Modification:
Usin De artmant
Other s eci
Yes No
Approved by:
Name and Title:
Reviewed by:
Purchasing Professio ai's Name: Nicole Par er
I
Revised: 2/21/11
2
Packet Page -343-
Board of County Commissioneni
Purchasing Depar1menl
3301 Tamiami Trail E
Napies, Fk>rida 34112
Tax Exempt: 85-a01262183OC-2
(f)
6/28/2011 Item 16.A.3.
Send alllnvoic..a .u.
Board of County Commissioners
Alln: Accounts Payable
PO Box 413016
Naples, Florida 34101-3016
Purchase Order number must appear on all relllted
correspondence, shipping __ ond 1__:
Purchase order
PO N....- 4500110440 D'" 09/24/2009
Vendor' 113299
STANLEY CONSULTANTS INC
27300 RlVERVlEW CENTER BLVD, STE 101
BONITA SPRINGS FL 34134
ConIBCl. Person StonnwaterlRd Main
Please deliver 10:
STORMWATER MANAGEMENT
2885 S. HORSESHOE DR.
NAPLES FL 34104
~ Oate: 09r.l0I2009
Terms of Payment
Net 30 Days
Currency
USD
".,., M.lorl.' Description
00010 PROF ENGRG SERVICES - FIXED TERM
ReIeas8 onIer against oontracI 4600001354 Item 00010
0nIer QIy Unit
49.712 each
Price Per Unit
1.00
Net V.lue I
49,712.00
Wool< onl... for __ E~ Seniices for Ihe GsIsway Triangle _lmproII9l1'llll1 PrqecI Phase 2
325-17294~3140o-51803.1
Total net value excl. tax USD
U,712.00 I
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purct\ase Order Terms and Conditions as outlined on the Collier County Purdlasing Internet site:
http://www.coUiergov.netJlndex.aspx?page=762 (revision date 0112212008), including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices, terms, detivery method and
specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to:
Board of County Commissionern
Attn: Accounts Payable
PO Box 413016
Naples, Florida 34101-3016
The Purchase Orner is authorized under direction of Collier County Board of County Commissioners by:
HJ.. 1tI. C~__ Stephen Y. Carnell, General Services I Purchasing Director
PfinUld fri S8p 25 2009 08:20:J6 GUT-0400
325--112940-631400-51803.1
P8gC11of1
Packet Page -344-
-
61f2 f(J()'f'i7fJ-
{?. , / 0 J )0 '8"/ 'f
6/28/2011 Item 16.A.3.
WORK ORDER #
Under Contract # 06-3969
Agreement for Fixed Term Professional Engineering Services
This work order is for professional engineering services on behalf of Collier
County (Contract # 06-3969), for work known as Post Design Services for Gatewav
Triangle Stormwater Improvement ProiectPhase 2 (Proiect #51803).
The work is specified in the proposal dated September 8, 2009, which is hereto
attached and made a part of this work order. In accordance with the "Terms and
Conditions" within the Agreement for Fixed Term Professional Engineering
Services (hereafter, "Agreement") referenced above, Work Order #
is assigned to Stanley Consultants, Inc.
Scooe of Work:
Phase 1 B Construction related services
Task 1: SFWMD Permit Mod Support
Task 2: Bid Phase Services
Task 3: Construction Phase Services
Task 4: Geotechnical Services
More detail and explanation can be found in the attached proposal.
Schedule of Work: Complete all work as directed within 365 days of receipt of
the "Notice to Proceed" which will contain a Collier County purchase order
number.
Compensation: In accordance with "Article Five" of the Agreement, the County
will compensate the designated firm in accordance with the negotiated T&M
amount provided below (use the established hourly rate(s) as enumerated in
"Schedule A" of the Agreement).
Task 1:
Task 2:
Task 3:
Task 4:
Reimbursables
$ 7,680
$ 4,950
$ 32,222
$ 3,000
$ 1.860
TOTAL
$ 49,712
Any change within monetary authority of this work order
final department approval will be considered an additional
according to "Schedule A" of the Agreement.
made subsequent to
service and charged
Packet Page -345-
.
PREPARED BY:
Shane ox P.E., Senio reject Manager
Stormwater Management Department
REVIEWED BY:
~4~
Jerry Kurtz, P.E., Principle Project Manager
Stormwater Management Department
REVIEWED BY:
APPROVED BY:
X"t"~."--
\
ACCEPTED BY: Stanley Consultants. Inc.
Company Name
Jon Ahlschwede
Naples Operations Manager
Type or Print Name and Title
Packet Page -346-
6/28/2011 Item 16.A.3.
if'lt /cPr
Date . .
Cf / [f, /0'7
Date
~/zltJ9
ate
1M
/Date
q'lS'!)CJ
Date
~
6/28/2011 Item 16.A.3.
Q
Stanley Consultants INC.
AStanIev~(ompilII)'
Eng"lleflilllJ. ElTNorwnMtalltKf ConstnKtion Sfrias - \','orId.'.i(le
September 10, 2009
Shane Cox, PE
Sr. Project~anager
Stormwater Management Department
2885 Horseshoe Drive South
Naples, FL 34104
Dear Shane:
Subject:
Collier County Gateway Triangle Pump Station
BIDIRFP # 06-3969
Post Design Services
Dear ~r. Cox:
Per your request, we are providing this proposal for professional engineering services associated with
stormwater system improvements at Gateway Triangle subsequent to our general engineering services
agreement.
PART 1 - BASIC SERVICES
This agreement is made between Collier County (CLIENT) and STANLEY CONSULTANTS, INC.,
(CONSULTANT). WHEREAS CONSULTANT and CLIENT entered into an Agreement dated
February 20, 2009, for professional services by CONSULTANT for the Gateway Triangle Pump Station,
and the parties desire CONSULTANT to perform additional services for the project.
Collier County (CLIENT) intends to build Gateway Triangle Pump Station, designed by Stanley
Consultants (CONSULTANT). CLIENT will provide Construction Engineering and Inspection (CEI)
services. The intent ofthis scope of services is for CONSULT ANT to provide post design engineering
support.
Upon written authori7.ation from the CLIENT to proceed, the CONSULT ANT shall perform Basic
Services consisting of those described below.
1.0 SFWMD PERMIT MODifICATION SUPPORT
1.1. A meeting with the SFWMD revicwer and CLIENT representative (Bill Foley) to obtain
consensus from SFWMD that the increase in water quality volume proposed was
consistent with previous discussions with the County. Although this issue was discussed
and addressed at the preapplication meeting, the reviewer was not present and additional
coordination was required.
1641 Worthington Road. Suite 400 . West P.tm Beach, Fl 33409. phone 561.689.1444. fax 561.689.3003
VNIW,stanleyconsultanls.com
Packet Page -347-
"
6/28/2011 Item 16.A.3.
Q
R.Shane CO"
September 8, 2009
Page 2
1.2. A status meeting was held with Big Cypress Basin (BCB), SFWMD, and County officials
to review the proposed changes and their effect on the e"isting LASIP permitting. In
addition, at this meeting several comments from BCB staff were addressed and others
needed additional follow-up. Typically BCB is not involved in the permitting but since
BCB grant funds are to be utilized for portions of this project, stafT reviewed the CUlTent
submittal and requested additional information and coordination.
1.3. Additional model revisions and simulations asked for by Ihe SFWMD reviewer will be
performed by CONSULTANT. These revisions are in addition to what was originally
provided within the e"isting permit and the initial RAI.
1.4. Additional e"hibits, a phasing plan, and parcel research for the compensating water
quality volume area.
1.5. Coordination with HDR (Engineer of Record) on the submittal of engineering drawings
as required by SFWMD.
2,0 BID PHASE SERVICES
2.1. CONSULTANT and SUBCONSULTANT (RWA, Inc) shall attend. one prebid
conference. Up to two (2) representatives (I Stanley, I RW A) shall attend. CLIENT will
lead the conference and distribute minutes to attendees.
2.2. Provide written response to questions from bidders. Responses will be provided
electronically via email to CLIENT for distribution to all bidders.
2.3. Issue Addenda as appropriate to clarify, correct, or change Bidding Documents. Addenda
will be provided to CLIENT for distribution to all bidders.
2.4. Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers,
and other individuals and entities proposed by the Contractor as required by the Bidding
Documents.
2.5. Attend bid opening and assist CLIENT in evaluating bids or proposals and in awarding
contracts for the Work. One (I) representative from CONSULTANT shall attend the bid
opening.
3.0 CONSTRUCTION PHASE SERVICES
3.1. Preconstruct ion Conference. Participate in a preconstruction conference, if any, prior to
commencement of work at the site. One (1) representative from CONSULTANT shall
attend the preconstructioll conference.
3.2. Public Meetings. Prepare two to three static display boards for use in public information
meetings about the project. Attend up to two (2) meetings with two (2) representatives
involved with the project (I from CONSULTANT, 1 from SUBCONSULTANT).
Packet Page -348-
'...
6/28/2011 Item 16.A.3.
~
~ ~
R.Shane Cox
September 8, 2009
Page 3
3.3. Visits to the Site and Observation of Construction. In connection with observations of
the Contractor's work in progress:
3.3.1, Make visits to the site at intervals appropriate to various stages of construction,
as CONSULT ANT deems necessary, to observe as an experienced and
qualified design professional the progress and quality of the Work. Such visits
and observations by the CONSULT ANT are not intended to be exhaustive or to
extend to every aspect of the Contractor's work in progress or to involve
detailed inspections ofthe Contractor's work in progress beyond responsibilities
specifically assigned to the CONSULT ANT in this Agreement and the Contract
Documents, but rather are to be limited to spot checking, selective sampling,
and similar methods of general observation of the Work based on
CONSULTANT'S exercise ofprofessionaljudgmenl. Based on information
obtained during such visits and such observations, CONSULTANT will
determine in general if the Contractor's work is proceeding in accordance with
the Contract Documents, and CONSULT ANT shall keep the CLIENT informed
of the progress of the Work.
3.3.2. The purpose of CONSULTANT'S visits to the site will be to enable
CONSULTANT to better carry out the duties and responsibilities assigned to
and undertaken by CONSULT ANT during the Construction Phase, and, in
addition, by exercise of CONSULTANT'S efforts as an experienced and
qualified design professional, to provide for the CLIENT a greater degree of
confidence that the completed Work will conform in general to the Contract
Documents and that the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents has been
implemented by the Contractor. CONSULTANT shall not, during such visits
or as a result of such observations of the Contractor's work in progress,
supervise, direct, or have control over the Contractor's work, nor shall
CONSULTANT have authority over or responsibility for the means, methods,
techniques, sequences, or procedures of construction selected by the Contractor;
for safety precautions and programs incident to the Contractor's work; or for
any failure of the Contractor to comply with the laws and regulations applicable
to the Contractor's furnishing and performing the Work. Accordingly,
CONSULTANT neither guarantees performance of any Contractor nor assumes
responsibility for any Contmctor's failure to furnish and perform its work in
accordance with the Contract Documents.
3.3.3. CONSULTANT will be present to observe equipment testing and startup.
3.3.4. CONSULTANT will attend and participate in Factory Acceptance Testing
(FAT) of Control and SCADA System.
3.4. Defective Work. Recommend to the CLIENT that the Contractor's work be disapproved
and rejected while it is in progress if, on basis of such observations, CONSULTANT
believes that such work will not produce a completed Project that conforms generally to
Packet Page -349-
6/28/2011 Item 16.A.3.
R.Shane Cox
September 8, 2009
Page 4
the Contract Documents or that it will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents.
3.5. Clarifications and Interpretations. Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of the Contractor's work.
Such clarifications and interpretations will be consistent with the intent of and reasonably
inferable from the Contract Documents.
3.6. Change Orders. Review Change Orders prepared by CLIENT for consistency with the
intent of the Contract Documents.
3.7. Shop Drawings and Samples. Review or take other appropriate action in respect to shop
drawings and samples and other data which the Contractor is required to submit, but only
for conformance with information given in the Contract Documents and compatibility
with the design concept of the completed Project as a functioning whole as indicated in
the Contract Documents. Such reviews or other action will not extend to means,
methods, techniques, sequences, or procedures of construction or to safety precautions
and programs incident thereto. CONSULTANT has the obligation to meet any
Contractor's submittal schedule that has earlier been acceptable to the CONSULTANT.
3.8. "Or-equal Items." Evaluate and determine the acceptability of "or-equal" materials and
equipment proposed by the Contractor.
3.9. Inspections and Tests. Observe special inspections or tests ofthe Contractor's work as
necessary, and receive and review all certificates of inspections, tests, and approvals
required by laws and regulations or the Contract Documents. CONSULTANTS review
of such certificates will be for determining that the results certified indicate compliance
with the Contract Documents and will not constitute an independent evaluation that
content or procedures of such inspections, tests, or approvals comply with requirements
of the Contract Documents. CONSULTANT shall be entitled to rely on the results of
such tests.
3.10. Construction surveying and staking. SUBCONSULTANT (RWA) shall provide up to
two (2) days of construction surveying and staking with two to three person crew. The
intended purpose is to stake project limits for public information where specific questions
arise from the public. Surveying and staking is not provided for construction contractor's
use or benefit.
3.11. Contractor's Completion Documents.
3.11.1. Review maintenance and operating instructions, schedules, and guarantees.
3.11.2. Review certificates of inspection, tests and approvals, shop drawings, samples,
record drawings, and other data that are to be assembled by the Contractor in
accordance with the Contract Documents to obtain final payment.
Packet Page -350-
6/28/2011 Item 16.A.3.
~
~
R.Shane Cox
September 8, 2009
Page 5
3.12. Substantial Completion. After notice from the Contractor that Contractor considers the
entire work ready for its intended use, attend and assist with an inspection to detennine if
the Work is substantially complete.
3.13. Final Notice of Acceptability of the Work. Attend and assist with a linal inspection to
detennine if the completed Work of Contractor is acceptable.
3.14. Duration of Construction Phase. Construction phase will commence with the execution
of the lirst Construction Agreement for the Project or any part thereof and will terminate
upon acceptance of the Project by the CLIENT. Basic Services will tcnninate when the
Contractor is scheduled to obtain Final Completion in 270 calendar days. If an extension
10 the Construction Contract duration is agreed to by the CLIENT, additional site visits
may be agreed to as an Additional Service.
3.15. Conditions of Service: Basic Services described are based on the following conditions:
3.15.1. Assisting the CLIENT in receiving bids or proposals one time.
3.15.2. CONSULTANT shall not be responsible for acts or omissions of any
Contractor, of any of their subcontractors, suppliers, or of any other individual
or entity perfonning or furnishing any of the Work. CONSULTANT shall not
be responsible for failure of any Contractor to perfonn or furnish the Work in
accordance with the Contract Documents.
3.15.3. Visits to the Project site for observation of construction will involve ~hours of
time (including travel time) per visit for 10 site visits by CONSULTANT'S
assigned local personnel. Observation by electrical, mechanical, and controls
personnel from other locations require additional travel time. (More extensive
site representation may be agreed to as an Additional Service).
3.15.4. Attendance and pmicipation at Factory Acceptance Testing will involve 4 days
(including travel time) by CONSULT ANT'S assigned personnel.
4.0 GEOTECHNICAL SERVICES
4.1. Soil and material testing. Two soil borings to supplement original design geotechnical
investigation. Both borings to 20 ft with geotechnical report. One boring at Commercial
and Davis Blvd. One boring at Commercial and US41.
5.0 COMPENSATION
CLIENT shall compensate CONSULTANT a maximum not to exceed amount of $49.712.00 based on the
hourly rates and charges outlined in the Agreement for Professional Services dated September 26, 2006.
The compensation includes:
Packet Page -351-
6/28/2011 Item 16.A.3.
~
~
R.Shane Cox
September 8, 2009
Page 6
CONSULTANT
SUBCONSULTANT (RWA)
SUBCONSUL T ANT (Geotechnical)
Total
$34,110.00
$ 12,602.00
$3.000.00
$49,712.00
PART 2 - ADDITIONAL SERVICES
The following additional services are not included in the Basic Services and are at CLIENT'S option.
These services, if exercised by CLIENT and agreed to by CONSULTANT, shall be paid for in addition to
compensation for the Basic Services. CONSULTANT is not authorized to proceed with performance of
any additional services unless they are duly authorized, in writing, by the CLIENT,
1.1. Services resulting from significant changes in scope, extent or character of portions of the
Project including, but not limited to: changes in size, complexity, CLIENT'S schedule or
method of financing; revising previously accepted documents when such revisions are
required by changes in laws and regulations enacted subsequent to the effective date of
this Agreement; or any other causes beyond the CONSULTANT'S control.
1.2. Services requiring out-of-town travel by the CONSULTANT to third-party sites other
than visits to the Project site or the CLIENT'S office.
1.3. Services requiring rebidding of the Work for reasons beyond the control of
CONSULTANT.
1.4. Preparing additional bidding documents for alternate bids or prices requested by the
CLIENT for the Work or a pori ion thereof.
1.5. Assisting the CLIENT in connection with bid protests, rebidding, or renegotiating
contracts for construction, materials, equipment. or services.
1.6. Preparing to serve or serving as a consultant or witness for the CLIENT in any litigation,
arbitration, or other dispute resolution process relaled to the Project.
1.7. Evaluating substitutions during the bidding phase.
1.8. Visits to the Project site beyond the extent indicated under the Basic Services.
1.9. Resident Project Representative (RPR) services. Provide services of a RPR, assistants,
and other field staff at the site to assist CONSULT ANT and to provide more extensive
observation of the Contractor's work. The RPR, assistants, and other field staff may
provide full-time representation or may provide representation to lesser degree.
1.10. Determining acceptability of substitute materials and equipment (other than "or-equal"
items) proposed by the COIItractor.
Packet Page -352-
6/28/2011 Item 16.A.3.
Q
R.Shane Cox
September 8, 2009
Page 7
1.11. Services for revisions to drawings and specifications occasioned by the acceptance of
substitute materials or equipment (other than "or-equal" items),
1.12. Providing assistance in resolving any hazardous environmental condition encountered
during the construction in compliance with current laws and regulations.
1 .13, Preparing and furnishing to the CLIENT record drawings showing appropriate record
infonnation based on the Project annotated record documents received from the
Contractor.
1.14. Evaluating claims submitted by the Contractor or others in connection with the Work.
1.15. Providing assistance beyond the extent indicated under the Basic Services in the
utilization of equipment or systems, such as: testing, adjusting and balancing;
preparation of operation and maintenance manuals; training personnel for operation and
maintenance; and consultation during operation.
1.16. Additional or extended services during construction made necessary by (1) emergencies
or acts of God endangering the work, (2) an occurrence of a hazardous environmental
condition, (3) Work damaged by fire or other cause during construction, (4) significant
amounts of defective, neglected, or delayed Work by the Contractor, (5) acceleration of
the progress schedule involving services beyond normal working hours, or (6) default by
the Contractor.
1.17. Providing field office throughout the construction period.
1.18. Design of sheeting and shoring for construction purposes.
1.19. Groundwater control and dewatering analysis and design.
Sincerely,
Stanley Consultants, Inc. ~
~w~~ oJ;?-
Operations Manager
Attachment(s): Fee Worksheet
BWR
Packet Page -353-
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6/28/2011 Item 16.A.3.
\ \)\ ~ S3~S;-
6/28/2011 Item 16.A.3.
PROJECT #:
>"YMENT~in
~-~
PROJECT MANAGER: Shane Cox
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Gatewav Trianal.
S1803
CONTRACT #: 06-3969 MOD #: 1
POll:
4500110440
WORK ORDER#:
4500110440
DEPARTMENT:
Tran. EnainefHiMl
CONTRACTORIFIRM NAME:
Sblnlev Consultants
Change Amount:
S 49.712
(Starting Point)
$ 49.712
(laS! Total Amount Approved by the BCe)
$ 49 712
(Induding All Changes Prior To Thts Modification)
$ 36.779.69
~
,
~
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Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount
Revised ContractlWork Ord... Amount $ 89 491.59
(Including This Change Order)
Cum ulstlve Dollar Value of Changea to
thia ContractlWork OI'da" $ 36.779.69
Date of Last BCC App<oval
N/A
Agenda Item #
NIA
Percentage of the change overlunder current contract amount
Fonnula: (Revised Amount I Last BCC approved amount)-1
74
%
CURRENT COMPLETION DATE (S): ORIGINAL: Seot 25 2010
This ch8ng. order will: 0 Add a new T_k for $
Other fj,u-.
10
,
QlIlIcrlbe the change(s): desire to .dd budaet to work ord.r 10 add construction ....Isianc. ..rvl_ to
.DnftCl for remalnd.r of construction DBrIocI. Initial scope WII purpoaely set up this way b8c.... overaight of
this type of construction _ unfamlll.r 10 County staff .. wall as consultant. (This Is . large pump alation with
computerized conJrOII'" .nd non. h.v. ever deslgn_n bUill by StonnWater .tatf.) Net _ull 18 overall
O~ ...Incrasaa of $36;l1lirThls .mount will alloW ua to h.ve proper Engineering guldllllC8 for the final 3 - 4 months of
r construcllon. Also have added 70 days of time to the work ord.r for same ...son.
Specify the ..ason. for the change(a) r; 1. Plann.d Dr Elective C' 2. Unfo_ Condltlana C' 3. Quantity
Adluatmln18 4. CornlCtlon of Erro.. (Plana, Specifications or Scope of Work) C' 6. Value Added
C' 6. Sch.dula AdJualm8nl8 Note: One or more IIIlIY be chocked, dapending on the natura of the change(a).
Identify all negative Impeclll to the project If Ihls change order w.re not proceased: Would not hav.
JnaDIICtionlOV8ralaht of the consultant to comDlete Drooer construction of DUmD .tatlon.controllen. and
aenerator.
This ch.ngl was requeeted by: P'lcontractor/Conaultant rl OWner rI Ualng Dep.rtment C COES
!:oaslgn prof...lonal r1Ragulatory Agency (Spacify) r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ryes 11 No
REVIEWED BY
Date: ~
Date: 11 ~'/ID
I I
APPROVED BY:
P .
L
Revised 4.10
Packet Page -355-
PROJECT NAME:
PROJECT MANAGER:
. ...iMEN' 6/28/2011 Item 16.A.3.
CONTRACTIWORK ORDER MODIFICATION \\) ~
CHECKLIST FORM 0\
... ,
Gateway Tnanole PROJECT # 51803
R.S. Cox
BID/RFP #:
06-3969 MOD #: ----1-PO#:
45-110440 WORK ORDER #: 45-110440
DEPARTMENT:
Trans Ena J Stormwater
CONTRACTOR/FIRM NAME:
Stanley Consultants Inc
Original Contract Amount: $ 49,712
(Starting Point)
Current Bee Approved Amount: $ 49.712
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ 49.712
(Including All Changes Prior To This MOdification)
Change Amount: $ 36.779.59
Revised ContractIWork Order Amount: $ 86.491.59
(Including This Change Order)
Cumulative Dollar Value of Changes to
this ContractIWork Order: $ 36.779.59
Date of Last BCC Approval
N/A
Agenda Item #
N/A
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-1
74
%
CURRENT COMPLETION DATE (5): ORIGINAL:
SeDt 25 2010 CURRENT: SeDt 25 2010 PROPOSED: Dec 3. 2010
Describe the change(s): desire to add budClet to work order to add construction assistance services to
proiect for remainder of construction period. Initial scope was purposely set up this way because oversight of
this type of construction was unfamiliar to County staff as well as consultant. (This is a large pump station with
computerized controllers and none have ever designed/been built by Stormwater staff.) Net result is overall
increase of $36,780. This amount will allow us to have proper Engineering guidance for the final 3 - 4 months of
construction. Also have added 70 days of time to the work order for same reason.
Specify the reasons for the change(s) r. 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed:
inspection/oversiClht of the consultant to complete proper construction of pump station.
aenerator.
Would not have
controllers. and
This change was requested by: I7IContractor/Consultant n Owner II Using Department r COES
CDesign Professional IIRegulatory Agency (Specify) r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
rYes
W No
This form is to be signe
Date:
~ / f ;;0
I (
APPROVED BY
REVIEWED BY:
Date:
Contract Specialist
Revised 1] .19.2007
Packet Page -356-
6/28/2011 Item 16.A.3.
CHANGE ORDER TO WORKORDER
,,~~-
TO: Stanley Consultants Inc
27300 Riverview Ctr Blvd
Bonita Springs FL 34134
FROM:Capital Construction & Maintenance Dept
2885 S Horseshoe Dr
Gateway Triangle Storm water Improvements
"Post Design Services"
Project No.51803
work order date: September 25, 2009
change order nwnber # 1
Change Order Description:
This change order is to add funding to allow for additional construction services by the
consultant. Initial scope was purposely set up this way because oversight of this type of
construction was unfamiliar to County staff. (Large pump station with computerized
controllers and a generator.) The change order also adds time for the same reason.
Work Order # 4500110440
date: July 27, 2010
Original agreement amount...............................................................$49,712
Sum of Previous Changes........ ....................................... ....$0
This Change Order No.1 Amount (add or subtract) .........................$36.779.59 v""
Revised Agreemellt Amoullt...................................................,..........$86,491.59
Original contract time in calendar days........................................... ..365 days
Adjusted number of calendar days due to previous change orders.......... .....0 days
This change order adjusted time is................................................ ....70.days
Revised COlltract Time ill workillg days.............................................. ...435 days
Original Notice to Proceed date .................................................. September 25,2009
Completion date based on original contract time ........................ September 25, 201 0
Revised completion date due to change order(s)......................... December 3,2010
Your acccptance 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 said
Agreement indicated above. as fully as if the same were repeated in this acceptance. The
adjustment. to this Agreement shall constitute a full and final settlement of any and all claims
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
P<op,,'" by ~~
Shane COX PE. Sr Project 1anager
Roadway Stormwater & Bridge Seetion
Date
7 ;;0;(0
{I (
SECTION SUPERVIS R /?/)
Reviewed By: ~..
Gary Putaansuu E, Prineiple Project Manager
Roadway Stormwater & Bridge Seetiol1
Date
1"- z -/..
Packet Page -357-
Change Order No. ,
Page 2
Accepted by:
Fouad asri, Florida Office Manager
Stanley Coosultants, Inc.
Approved by:
Packet Page -358-
6/28/2011 Item 16.A.3.
Date: '11"3 I' (,)
.
Date:
rf/P
Date: Julv 29. 2010
Date:
'Dlv{/u
I
Change Order No.1
Page 2
DIVISION ADMINI
~
Approved By:
Norm Fe er AICP
Growth anagement Division
Accepted by:
Fouad Masri, Florida Office Manager
Stanley Consultants, Inc.
Approved by:
Rhonda Cummings, Contract Specialist
Packet Page -359-
Date:
Date:
Date:
Date:
6/28/2011 Item 16.A.3.
1/31JO
.
fjsA"
Julv 29.2010
"-
6/28/2011 Item 16.A.3.
..
Stanley Consultants INC.
A5lorley"""",,,,,-
ErgIneering.ErMttme1til'n:lCClM'IlCblnSeNices.W::rijwjde
July 26, 2010
Shane Cox, PE
Senior Project Manager
Collier County Transportation
2885 Horseshoe Drive South
Naples, FL 34104
Subject:
Gateway Triangle Stormwater Improvements Project Phase II
Request for Additional Funds
Dear Mr. Cox:
In follow-up to our phone conversation yesterday, this letter serves as a formal request for additional funds in
order for Stanley Consultants to fulfill the scope of services under PO 4500110440.
The following is the justification for the funds that are needed at this stage of the project:
1. The original agreement is a time and materials contract. Post Design Services contracts are typically
set-up this way since the amount of involvement in shop drawing review, site visits, progress
meetings, etc., Is difficult to quantify In advance. In this case, we set an initial limit of $32,222 for
construction phase services with the understanding that an amendment for additional funds would be
considered if/when we reached the ceiling.
2. We have been involved in biweekly progress meetings, which were not anticipated in the original
work order.
3. Shop drawing reviews have been more involved than anticipated under the hours of the original work
order.
4. Electrical, control system, and mechanical engineers need to be present at the substantial completion
inspection and at the final inspection. The amendment includes travel costs associated with these
visits. The original amendment did not include time or travel expenses for these inspections.
Please find attached Exhibit 1 with estimated cost associated with each task.
it is always a pleasure to work with you. Piease call me at 239.949.7905 direct if you have any questions.
Sincerely,
Stanley Cons
Enclosure(s): Exhibit A
cc; File
27300 Riverview Center Boulevard' Suite 101 . Bonita Sprinas. FL 34134 . phone 239.947,1771 . fax 239.947.1715
internet www.stan1eyconsultantscom
Packet Page -360-
6/28/201 1 Item 16.A.3.
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