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Agenda 01/26/2010 Item #16C2Agenda Item No. 16C2 January 26, 2010 Executive Summary Page 1 of 11 Recommendation to approve amendments to the existing contracts with Carollo Engineers, P.C., Malcolm Pirnie, Inc., and MWH Constructors Inc., for services during Program hibernation and reactivation of the Northeast Facilities Program Projects 70899, 73156, 70902, and 75012. OBJECTIVE: The public purpose is to provide water and wastewater treatment facilities to meet the demand in the northeast region of the County and to stay in compliance with regulatory requirements. This action is to obtain approval from the Board of County Commissioners (Board) to amend the above referenced contracts to continue resources, support, and professional engineering services to manage activities during the hibernation and reactivation of the Northeast Facilities Program. CONSIDERATION: The Northeast Facilities Program is comprised of multiple, inter- related elements providing water and wastewater utility, and recycling services to the residents in the northeast region of the county. The Program consists of nine elements: Management, Water, Wastewater, Common/Shared Facilities, Irrigation Quality Water, Solid Waste, coordination with the Regional Park project, Real Estate Acquisition, and Orange Tree Utility Transition. The two largest components of the Program include those projects related to the Northeast Regional Water Treatment Plant (NERWTP) and the Northeast Water Reclamation Facility (NEWRF). The projected growth and population figures developed for Collier County (County) during the planning period in October 2007 showed a slower rate of growth than previously projected. That slower rate of growth continued in 2008 and 2009. This reduction in projected population effectively delays the need for new water and wastewater treatment facilities in the northeast area of the County. Staff therefore recommends putting the Program into hibernation until such time that projected population growth and its related demand for services requires reactivation of the Program. A recommendation to reactivate the Program will be initiated when projected growth and population figures for the northeastern region of the County requires the provision of additional utility and solid waste infrastructure. One of the principle growth and utility system demand indicators is the Annual Update and Inventory Report (AUIR). Information from the AUIR is further refined by the Public Utilities Planning and Project Management Department in preparation of the Water and Wastewater Master Plans, and by the Comprehensive Planning Department in preparation of the Capital Improvement Element (CIE) of the Growth Management Plan. The approved Master Plans and CIE become the basis for developing utility infrastructure and will be used as the principle trigger for the future recommendation to reactivate the Program. The development of engineering designs and construction documents for the key Program facilities represents a significant capital investment. In order to preserve that investment for future reactivation of the Program it is critical that the design and delivery teams remain as close to unchanged as possible. Significant changes in the design teams during Program hibernation will result in costly delays during Program reactivation, as Agenda Item No. 16C2 January 26, 2010 Page 2 of 11 the design and construction documents are reviewed and revised in preparation for construction procurement. To maintain Program continuity, and to retain the knowledge of the Program history and the basis of design during hibernation, staff recommends keeping the current Program team contracts active in order to provide availability, responsiveness, and services during Program hibernation, while positioning the team for timely, cost effective reactivation of the Program when required. The principle contracts related to this program are as follows: • 06 -3939 Northeast Regional Utility Program Management and Oversight, Malcolm Pirnie Inc., approved by the Board on June 20, 2006, Agenda Item 16(C)4. • 04 -3673 Design of NEWRF and NERWTP and Engineering Services, Carollo Engineers, P.C., approved by the Board on December 14, 2004, Agenda Item 10E. • 04 -3593 Engineering Wellfield Reliability Improvements, Camp Dresser and McKee, Inc., approved by the Board on June 8, 2004, Agenda Item l OD. Design services were authorized under Work Order Number CDM -FT- 3593- 06 -01, approved by the Board on November 29, 2005, Agenda Item l OC. • 05 -3870 Construction Management at Risk Services for the NERWTP and NEWRF, MWH Constructors, Inc., approved by the Board on December 11, 2007, Agenda Item16(C)5. The amendments to the Carollo Engineers P.C., MWH Constructors, Inc., and Malcolm Pimie Inc., contracts will include language that will accommodate any necessary time extensions to continue the contracts through the hibernation period and allow modifications to the contracts for the services that may be provided during the hibernation period and in the future. The contract for Camp Dresser and McKee, Inc., does not require modification as the work can be performed under the current contract terms and conditions. Upon Program reactivation, the County and consultants will evaluate the contracts' terms, rates, schedule, scope, and deliverables for best value, negotiate accordingly, and present them to the Board for approval. Retaining this Program team of consultants, as recommended, provides best value to the County for the following reasons: • The same design team will be available during Program hibernation. • Provides the best opportunity to retain the original designers for updated code and technical reviews upon reactivation, resulting in significant cost savings. • Reduces time and procurement costs related to recreating a Program team upon reactivation. • Preserves institutional knowledge of the Program by the corporate consultants. • Preserves the County's unilateral option to terminate the contracts without risk or liability if the Program is canceled. Agenda Item No. 16C2 January 26, 2010 Page 3 of 11 Anticipated activities during Program hibernation include (1) Semi - annual Program meetings to review Program element status, such as permitting, AUIR and Master Plans, reactivation triggers, and Program schedule; (2) other Program related services as requested by the Project Manager, such as assistance with projections for project budgeting, and Orange Tree Utility transition activities; and, (3) preparation for Program reactivation, when required. These hibernation activities, including the recommended contract amendments, are consistent with the 2008 Water and Wastewater Master Plan Updates adopted by the Board on June 24, 2008, as Agenda Items l OB and l OC. FISCAL IMPACT: The anticipated costs are budgeted in the FY 2010 budget, approved by the Board on September 24, 2009. The amount budgeted for FY 2010 specifically for the work during hibernation is estimated to be $60,000. The budget for services to be performed in subsequent fiscal years will be approved through the adoption of the annual budget for that year. The source of funds is Water and Wastewater Impact Fees. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. Once each amendment is signed by the Consultant it will be approved for form and legal sufficiency and then may be signed by the Board Chairman. —JBW. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District: • approve the amendment to contract 06 -3939 Northeast Regional Utility Program Management and Oversight, with Malcohn Pirnie, Inc. • approve the amendment to contract 04 -3673 Design of NEWRF and NERWTP Engineering Services, with Carollo Engineers, P.C. • approve the amendment to contract 05 -3870 Construction Management at Risk Services for the NERWTP and NEWRF, MWH Constructors, Inc. • authorize the Chairman to sign the amendments after County Attorney approval for form and legal sufficiency. PREPARED BY: Alicia Abbott, Senior Project Manager, Public Utilities Planning & Project Management Department. Agenda Item No. 16C2 January 26, 2010 Page 4 of 11 Contract Amendment 1 to Contract N 05 -3870 "Construction Management at Risk Services for the NERWTP and NEWRF" This amendment, dated 2010 to the referenced agreement shall be by and between the parties to the original agreement, MWH Constructors, Inc. (to be referred to as "Construction Manager") and Collier County, Florida, (to be referred to as " Ownee). Statement of Understanding RE: Contract N 05-3870 "Construction Management at Risk Services for the NERWTP and NEWRF" In order to continue the services provided for in the original Contract document referenced above, the Construction Manager agrees to amend the above referenced Contract as per the Supplemental Terms and Conditions Exhibit "Al -A" attached to this Amendment and incorporated herein by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Construction Manager and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary/Witness By: Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: �� \ Jennifer B. White �J Assistant County Attorney CONSTRUCTION MANAGER MWH Constructors, Inc. By: Title: Dated: CORPORATESEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Agenda Item No. 16C2 January 26, 2010 Page 5 of 11 Exhibit "A1 -A" to 05 -3870 "Construction Management at Risk Services for the NERWTP and NEWRF" S. Definitions "Hibemate" or "hibernation" refers to the postponement, suspension or temporary stop work of part or all activities in the scope of work or services, as provided in Article 12.5 of the referenced Contract, in order to affect a planned delay in the development and completion of all or part of the Northeast Facilities Program (to be referred to as "Project "). "Hibernation Strateav" Northeast Facility Program Hibernation and Reactivation Strategy, identifying program activities during hibernation and reactivation "Reactivate" or "n:activatlon" refers to the resumption, restart of hibernated, suspended or postponed Project activities, or new activities required for completing the Project. • Owner and Construction Manager agree to suspend (hibernate) primary services identified in Section 2 a "Scope of Services" in the above referenced contract. Any limited pre- Construction services provided during the Hibernation period shall be the result of mutual negotiation and in accordance with the hourly rates in Exhibit S -1. • The Construction Manager may provide limited services during the suspension (hibernation) period. • The Hibernation Strategy may be modified from time to time by the Owner. Any such modification to the Hibernation Strategy shall be incorporated via change by letter. • Owner and Construction Manager agree that it shall be Owner's exclusive right to decide to reactivate the Project in accordance with the Hibernation Strategy and contract terms and conditions. • Upon Owner's decision to reactivate the Project, Construction Manager will be notified in writing of the Owner's intent to reactivate. • Upon reactivation the Owner and Construction Manager will then meet to negotiate mutually acceptable changes to the Contract Scope of Services, Section 2, as well as Project implementation strategy, schedule for performance, compensation and other provisions related to reactivation. • If the Owner and Construction Manager fail to reach a mutually acceptable agreement on the terms of reactivation, the Owner can terminate for convenience with no additional fees or compensation due the Contract Manager. Agenda Item No. 16C2 January 26, 2010 Page 6 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Item Summary: Recommendation to approve amendments to the existing contracts with Carollo Engineers, P.C., and Malcolm Pimie, Inc., and MWH Constructors, Inc., for services during program hibernation and reactivation of the Northeast Facilities Program Projects 70899,73156,70902,75012. Meeting Date: 1/26/2010 9:00:00 AM Prepared By Alicia Abbott, E.I. Project Manager Date Public Utilities Division Public Utilities Engineering 12/912009 4:01:66 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 1/8/2010 10:04 AM Approved By Phil E. Gramatges, P.E. Project Manager, Principal Date Public Utilities Division Public Utilities Engineering 11812010 11:39 AM Approved By Paul Mattausch Director- Water Date Public Utilities Division Water 11812010 2:14 PM Approved By G. George Ylimaz Director- Wastewater Date Public Utilities Division Wastewater 118/2010 3:45 PM Approved By Dianna Perryman Contracts Specialist Date Administrative Services Division Purchasing & General Services 11812010 3:51 PM Approved By Steve Carnell Director- Purchasing /General Services Date Administrative Services Division Purchasing & General Services 11812010 3:51 PM Approved By Thomas Wides Director- Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 1/8/2010 4:20 PM Approved By James W. DeLony Date Agenda Item No. 16C2 January 26, 2010 Page 7 of 11 County Attorney County Attorney 1/1212010 1:23 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 111412010 6:55 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Office of Management & Budget 1/1412010 9:52 AM Budget Approved By Jeff Klatzkow County Attorney Date 1115/2010 1:19 PM Approved By Mark lsackson Management/Budget Analyst, Senior Date Office of Management 8 Office of Management 8 Budget 1/1612010 9:29 AM Budget Agenda Item No. 16C2 January 26, 2010 Page 8 of 11 Contract Amendment 3 to Contract # 04 -3673 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant" This amendment, dated , 2010 to the referenced agreement shall be by and between the parties to the original agreement, Carollo Engineers, P.C., (to be referred to as "Consultant') and Collier County, Florida, (to be referred to as "Owner" or "County"). Statement of Understanding RE: Contract # 04 -3673 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per the Supplemental Terns and Conditions Exhibit "A.3-A" attached to this Amendment and incorporated herein by reference. All other terns and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary/Witness By: Dated: CONSULTANT Carollo Engineers, P.C. By: Title: Dated: CORPORATE SEAL ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Approved as to form and Legal sufficiency: Jennifer B. White Assistant County Attorney Agenda Item No. 16C2 January 26, 2010 Page 9 of 11 Exhibit "A3 -A" Supplemental Terms and Conditions Contract # 04 -3673 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant" Definitions "Ai¢ernare" or "hibernation" refers to the postponement, suspension or temporary stop work of part or all activities in the scope of work or services, as provided in Article 12.5 of the referenced Contract, in order to affect a planned delay in the development and completion of all or part of the Northeast Facilities Program (to be referred to as "Project'). "Hibernation Strategy" Northeast Facility Program Hibernation and Reactivation Strategy, identifying program activities during hibernation and reactivation "Reactivate" or "reactivation" refers to the resumption, restart of hibernated, suspended or postponed Project activities, or new activities required for completing the Project. Owner and Consultant agree to suspend (hibernate) primary services identified in Schedule A "Scope of Services" in the above referenced contract. Services provided during the Hibernation period shall be in accordance with Article 2 "Additional Services of Consultant ". • Change Schedule C, Project Schedule from expiring January 17, 2009 to January 17, 2015 • Add the following language Article 6 "Ownership of Documents" of Contract as follows: "In preparation for the Hibernation, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement to date shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use." • The Consultant may provide limited services during the suspension (hibernation) period. • The Hibernation Strategy may be modified from time to time by the Owner. Any such modification to the Hibernation Strategy shall be incorporated via change by letter. • Owner and Consultant agree that it shall be Owner's exclusive right to decide to reactivate the Project in accordance with the Hibernation Strategy and contract terms and conditions. • Upon Owner's decision to reactivate the Project, Consultant will be notified in writing of the Owner's intent to reactivate. • Upon reactivation the Owner and Consultant will then meet to negotiate mutually acceptable changes to the Contract Scope of Services, Schedule A, Project implementation strategy, schedule for performance, compensation and other provisions related to reactivation. • If the Owner and Consultant fail to reach a mutually acceptable agreement on the terms of reactivation, the Owner can terminate for convenience with no additional fees or compensation due the Consultant. Agenda Item No. 16C2 January 26, 2010 Page 10 of 11 Contract Amendment 4 to Contract # 06 -3939 "Northeast Regional Utilities Facility Program Management Oversight" This amendment, dated . 2010 to the referenced agreement shall be by and between the parties to the original agreement, Malcolm Pimie Inc., (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 06 -3939 "Northeast Regional Utilities Facility Program Management Oversight" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per the Supplemental Terms and Conditions Exhibit "A4 -A" attached to this Amendment and incorporated herein by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary/Witness By: Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: `J Jennifer B. White Assistant County Attorney CONSULTANT Malcolm Pimie Inc. By: Title: Dated: CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Agenda Item No. 16C2 January 26, 2010 Page 11 of 11 Exhibit "A4-A" Supplemental Terms and Conditions Contract k 06 -3939 "Northeast Regional Utilities Facility Program Management Oversight" Definitions "Hibernate" or "hibernation" refers to the postponement, suspension or temporary stop work of part or all activities in the scope of work or services, as provided in Article 12.5 of the referenced Contract, in order to affect a planned delay in the development and completion of all or part of the Northeast Facilities Program (to be referred to as "Project'). "Hibernation Stratm Northeast Facility Program Hibernation and Reactivation Strategy, identifying program activities during hibernation and reactivation eacdvate" or "reactivation" refers to the resumption, restart of hibernated, suspended or postponed Project activities, or new activities required for completing the Project. • Owner and Consultant agree to suspend (hibernate) primary services identified in Schedule A "Scope of Services" in the above referenced contract. Services provided during the Hibernation period shall be in accordance with Article 2 "Additional Services of Consuhant". • Add the following language Article 6 "Ownership of Documents" of Contract as follows: "In preparation for the Hibernation, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement to date shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use." • The Consultant may provide limited services during the suspension (hibernation) period. • The Hibernation Strategy may be modified from time to time by the Owner. Any such modification to the Hibernation Strategy shall be incorporated via change by letter. • Owner and Consultant agree that it shall be Owner's exclusive right to decide to reactivate the Project in accordance with the Hibernation Strategy and contract terms and conditions. • Upon Owner's decision to reactivate the Project, Consultant will be notified in writing of the Owner's intent to reactivate. • Upon reactivation the Owner and Consultant will then meet to negotiate mutually acceptable changes to the Contract Scope of Services, Schedule A, Project implementation strategy, schedule for performance, compensation and other provisions related to reactivation. • If the Owner and Consultant fail to reach a mutually acceptable agreement on the terms of reactivation, the Owner can terminate for convenience with no additional fees or compensation due the Consultant.