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Backup Documents 09/14/2010 Item #16K 316K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 81 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the I' #1 th i h 94 com Iete [he checklist and forward to Sue Filson line #5 . exception of the Chairman s signature, draw a line throu h Route to Addressee(s) List in routing order routm mes rot Office Initials Date 1. appropriate. — I Initial) A licable) 2. 9/14/2010 Agenda Item Number 16 K 3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jacqueline Williams Hubbard, Litigation Section Chief 5. Ian Mitchell, Executive Manager BCC County Attorney Board of County Commissioners JWH 9/14/10 t r fio 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Nancy Bradley, County Attorney Office Phone Number 252 -8549 Contact appropriate. — I Initial) A licable) Agenda Date Item was 9/14/2010 Agenda Item Number 16 K 3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Retention Agreement -PDI Number of Original Two Attached John Carlo v. Collier County Imm Rd] Documents Attached 7NCTR1iCT[nNR & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03,04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132133 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. — I Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JWH signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JWH Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JWH document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JWH signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JWH should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 09/14/2010 and all changes made during JWH the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03,04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132133 16K 3 MEMORANDUM Date: September 15, 2010 To: Nancy Bradley, Legal Assistant Office of the County Attorney From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Collier County vs. John Carlo [RSH RD] Attached, please find one (1) original document of each of the documents referenced above, Agenda Item #16K2 & #16K3, adopted by the Board of County Commissioners on Tuesday, September 14, 2010. Please forward an original copy to our office once all signatures have been obtained. If you should have any questions, please contact me at 252 -7240. Thank you. Attachments (2) 16K 3 AGREEMENT for PROJECT DEVELOPMENT INTERNATIONAL (PDI), INC. THIS AGREEMENT, made and entered into on this 11 q day of September, 2010, by and between Project Development International, Inc. (PDI), authorized to do business in the State of Florida, whose business address is 557 Park Street, Dunedin, Florida, 34698, hereinafter called the "Contractor" (or "Consultant ") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work related to the Immokalee Road Project (IMR002) as of the date of this Agreement and/or the issuance of a Purchase Order associated with this Agreement. 2. STATEMENT OF WORK. The Contractor shall provide the following scope of services, including, but not limited to: Examination of documents; formal and informal discovery; development of resolution strategy; negotiation; technical and expert witness testimony; litigation support including document control; preparation of exhibits for trial; settlement documentation; and procurement of other experts as needed, through mediation and /or arbitration and trial of this case. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of Eighty Seven Thousand Five Hundred Dollars and no cents ($87,500.00), inclusive of a written report, in accordance with PDI's Proposal letter of November 30, 2009 (Exhibit A). Further efforts and work scope will be performed only at the written direction of Collier County, Florida. PDI invoices twice per month and services will be provided and invoiced on an hourly basis in accordance with PDI's 2010 Fee Schedule (Exhibit B). Payment for performance, as well as travel and reimbursable expenses, will be made upon receipt of a proper invoice and upon approval by the Office of the County Attorney and the Transportation Department, and in compliance with Chapter 218, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." PDI reserves the right to cease work and not to testify on delinquent accounts. In addition to 16K 3 invoices rendered and interest thereon, the County shall pay any and all legal fees and costs incurred by PDI in collecting its account. Deposition time and attendance at any formal or informal hearing for the purposes of mediation, arbitration, or litigation may be billed on a minimum either (8) hour per day basis. In the event PDI is called as a witness by any party or by the County, to testify with respect to any matter about which it has obtained information while performing services under this Agreement, the County shall pay PDI its fees for its time and preparation in accordance with the Fee Schedule attached. PDI will credit or not bill for deposition payment received from other parties. TRAVEL AND REIMBURSABLE EXPENSES Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061, Fla. Stat. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard -size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking_ Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long - distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 2 16K 3 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Project Development International, Inc. 557 Park Street Dunedin, Florida 34698 Telephone: 800 -PDI -7888 Telephone: 727 - 734 -8589 Facsimile: 727 -736 -1913 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239- 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. COMPUTER PROGRAMS. PDI reserves the right to use certain proprietary computer programs to which it has access. These computer programs may be owned by PDI or leased or otherwise available to PDI. PDI may rent the use of these programs and pass along these charges. Such charges shall not entitle the County to any knowledge of the computer programs in any part or their entirety. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any 3 I6K 3 conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. PDI shall not be held liable for any delay or failure to perform the work described in the Agreement if such delay or failure is caused directly or indirectly by fire, flood, explosion, other casualty, strike, labor disturbance, state of war, insurrection, riot, government regulations, either existent or future restrictions, appropriations, or any other cause beyond the control of PDI. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. AI 16K 3 gperial Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. A copy of the Insurance Certificate is attached (Exhibit C). Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the County Attorney Office and Transportation Department. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal letter - Exhibit A; 2010 Hourly Fee Schedule - Exhibit B; and Exhibit C - Insurance Certificate. 5 _ 16K 3 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a) Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b) Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c) immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any E 16K 3 settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida and pursuant to the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. A Request for Mediation shall be filed, in writing, with the other party to the Contract. The request may be made concurrently with the filing of legal or equitable proceedings, which shall be stayed pending the outcome of mediation which must be completed within sixty (60) days from the date that a request for mediation is submitted to the other party, unless otherwise agreed to by written agreement of the parties. The statute of limitations of any claim shall be tolled form the date mediation is requested until completed. To the extend the parties cannot mutually select a mediator, within fifteen (15) days from the date a Request for Mediation has been submitted, either party can request the American Arbitration Association to appoint a mediator with construction experience to serve as mediator. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. All disputes for collection of monies due under this Agreement shall be limited to FDI's entitlement to the charges by PDI under this Agreement exclusive of any counter, cross, or offsetting claims by the County. The following claims shall not be a part of any action against PDI in any dispute for collection of monies under this Agreement: cross claims or offsetting claims of any kind, by the County or any other person or party hereto, for losses or damages, regardless of whether such claim arises out of or relates to services performed by PDI under this Agreement. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEUPROTECT STAFFING: The proposers personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is 7 16K notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 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 and year first above written. ATTEST: Dwight E, Brock, Clerk of Courts By: Au abFMt y ti`9M' 0 on I' (SEAL) First Witness Valerie K. Trelles TType /print witness nameT� Second Witness Elaine H. Hepburn TType/ print witness nameT Approved as to form and legal sufficiency; tqueline W. Hubbard L 'gation Section Chief 04 -COA- 01030/415 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: It C_, � Fred W. Coyle, Chairman � PROJECT INC. La 8 James E. Lalumiere President INTERNATIONAL, 3 557 ft Street DffW t FL 31598 I 727.131.8588.800.791.7888 tar 777.735.1913 1 www.pdiusa.com branch of M Oertuu I Aio de Janw I UdW Office of the County Attorney Collier County 3301 East Tamiami Trail Naples, FL 34112 -4902 Attn: Ms. Jacqueline Williams Hubbard, Esq. Re: John Carlo, Inc. V. Collier County Immokalee Road Project Dear Ms. Hubbard: 16K November 30, 2009 It was a pleasure to visit with you last week. Please refer to our Disputes Analysis System primer available on our website, www.Pdiusa.com, for a description of our phased analysis approach to a typical construction claim. We would be happy to discuss any of this information with you at any time. We are hereby furnishing you with a not -to -exceed price proposal to provide an Interim Phase assessment, in accordance with our Disputes Analysis System, for the above referenced case. The following generally described documents, among others, will be reviewed to complete this Interim Phase assessment for the referenced case: 1. Project Correspondence; 2. John Carlo Subcontractor Files; 3. John Carlo Daily Reports; 4. Project Progress Photographs; 5. John Carlo Change Orders; 6. John Carlo Requests for Information; 7. Project progress meeting minutes; 8. Project Schedule Data and reports; 9. Ongoing legal pleadings and filings; and 10. Project Cost Data. PDI has received copies of the generally described documents listed above. They are contained within the ten bankers boxes as well as electronic files we have received to date. PDI will provide an Interim Phase assessment in accordance with the activities described in PDI's Disputes Analysis System primer, and based on the Project documentation referenced in this Proposal. Please note that this Interim Phase assessment includes a detailed schedule analysis, the creation of an as -built Project schedule summary, further detailed analyses of all identified technical issues, and a Project cost analysis to the extent permitted by the availability of John Carlo cost data detail. We currently have in our possession a copy of a JC1 853 page Job Cost Detail EXHIBIT Guiding your projects from the ground up. 3 _ 16K 3 IN CERNATION0.L Ms. Jacqueline Williams Hubbard, Esq. November 30, 2009 Page 2 of 2 Report dated 7124109. Assistance requested by Counsel during the time period from the start of the Interim Phase assessment to the date of delivery of the Interim Phase assessment Report, which is outside the scope of work described herein will be identified as such and invoiced in addition to the services described in this Proposal in accordance with PDI's 2009 Fee Schedule. PDI hereby offers to perform the services described herein in accordance with our 2009 Fee Schedule for a not -to- exceed amount of $87,500.00, inclusive of a written Interim Phase Report. As always, PDI will only invoice for actual time spent and expenses incurred in accordance with our 2009 Hourly Fee Schedule (copy enclosed). Actual time and expenses may be less than estimated. PDI's price proposal contemplates the production of a written Interim Phase Report presentation. PDI's offer is inclusive of time and expenses for attendance at three meetings to be held in Naples, FL, inclusive of a meeting to review PDI's Interim Phase findings. Please note that PDI offers a 5% discount for manhour service charges for 15 day invoice turnaround as detailed in our 2009 Fee Schedule. Please feel free to contact our Dunedin offices at any time should you have any questions or comments regarding any or all of this information_ We have also enclosed a draft copy of our standard Agreement form for your perusal. We can provide executable originals at your request. Thank you once again for your interest in PDI services. We look forward to working with you in the near future. truly yours, James E. Lalumiere President enclosures cc: Mr. Paul Ullom, Esq. JEUeht I6K �,l [ k N A T, G to Ai_ AGREEMENT PROJECT DEVELOPMENT INTERNATIONAL, INC. 2010 Hourly Fee Schedule Principal.................................................. ............................... $250.00 Senior Consultant.......... .................................... . ........... ........ $185.00 ProjectManager ...................................... ............................... $170.00 Scheduling Analyst ................................. ............................... $150.00 Senior Analyst ................... ............. ............................... ......... $130.00 ProjectAnalyst ........................................ ............................... $105.00 Research Associate ................................ ............................... $85.00 Technical Assistant............ ...... ........... ... . ............ ............. $55.00 Computer System Services ..................... ............................... $50.00 Hourly rates do not include costs of travel, film, videotape and equipment, reproduction, excess supplies, special handling, telex, facsimile, outside consultants, and similar reimbursable costs, which if any, are passed through at cost. Deposition and testimony time may be billed on a minimum eight (8) hour per day basis. Firm travel is charged at full service hourly rates when necessarily incurred during regular business hours. Regular business hours are defined as the hours of 8:00 AM through 5:00 PM, Monday through Friday, U.S. Eastern Standard Time. Firm travel is billed at one -half the applicable service hourly rate when incurred at all other times. All attempts will be made by PDI personnel to maximize the usefulness of all travel time through the performance of meaningful work on behalf of the Client during such time. PDI will allow Client to pay ninety -five percent (95%) of the stated manhour service fees invoiced by PDI, plus one hundred percent (100 %) of any approved reimbursable expenses, as full and sufficient payment of the current invoice if payment is received by PDI by the fifteenth calendar day following PDI's current Invoice Date. Any and all reimbursable expenses included as part of PDI's invoice are not eligible for the five percent (5 %) discount applied to manhour services. A service retainer may be required to engage PDI services. EXHIBIT roject Development International Page 7 of 7 3