Agenda 04/14/2015 Item #11C 4/14/2015 11.C.
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EXECUTIVE SUMMARY
Recommendation to approve an Out-of-Cycle Fund 195 Category "A" Grant Application from the
City of Naples for an Additional Funding Request for the Naples Pier Rebuild for a not to exceed
amount of$571,965, recommend that the Board reallocate tourist development tax funds with a
supermajority vote, approve an amendment to the Grant Agreement, authorize necessary budget
amendment,and make a finding that this item promotes tourism (Project No.90096).
OBJECTIVE: To approve additional funding for the Naples Pier Rebuild for a not to exceed
amount of$571,965.
CONSIDERATIONS: On June 10, 2014, the Board of County Commissioners (Board)
approved a grant application that requested the Category "D" FY 2013-14 funding ($200,000)
committed to a Naples Pier Deck replacement project be retained,rolled-over and combined with
a new Category "D" FY 2014-15 application requesting an additional $692,449. The request
was based on a preliminary estimate provided by AD Morgan Company of Tampa, Florida,
resulting from structural evaluation conducted in February 2014.
On June 11, 2014, a contract was awarded by the City to TKW Consulting Engineers, Inc. in the
amount of $98,718 for the structural design and engineering services for the project. City
Council was advised the City would seek the services of a Construction Management at Risk for
the project. Manhattan Construction Inc. was selected the most qualified firm for the pier project
and will receive a$65,000 flat fee for execution of this contract.
Project costs determined by Manhattan Construction, Inc. exceed the previous TDC
recommendation and Board approved Funding of$892,449, increasing by an additional cost of
$571,965. A new out of cycle grant request has been prepared seeking consideration for
additional TDC funding for the unfunded balance of the project cost. Should the project be
completed at a cost less than the Guaranteed Maximum Price (GMP) of $1,464,414, the City
would only seek funding reimbursement for the actual costs incurred.
The City of Naples has also agreed not to seek additional Category D Pier funding until the
actual costs of the Pier rebuild is recouped at a rate of$200,000 per year per Category D funding
guidelines.
FISCAL IMPACT: A budget amendment in the amount of $571,965 from TDC Beach
Renourishment Fund (195) reserves will be required. The additional funds will increase Naples
Pier project 90096 from $892,449 to $1,464,414. The recoupment period at $200,000 per year
will be extended to approximately 6.3 years. Funding for this project will not be requested for
reimbursement from any grantor agency.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
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ADVISORY COMMITTEE RECOMMENDATIONS: At the March 12, 2015 Coastal
Advisory Committee (CAC) meeting, this item was unanimously recommended for approval by
a 6 to 0 vote.
At the March 23, 2015 Tourist Development Council (TDC)meeting,this item was unanimously
recommended for approval by a 6 to 0 vote.
LEGAL CONSIDERATIONS: On July 8, 2014,the Board of County Commissioners amended
the tourist development tax ordinance, No. 92-60, as amended, to provide: "Notwithstanding
anything to contrary herein, the Board of County Commissioners may reallocate funds between
the above-defined Categories (A—D) with an affirmative vote of a majority plus one additional
member of the Board of County Commissioners." Ordinance No. 14-30. The Board of County
Commissioners may approve this additional funding with four affirmative votes to reallocate the
funds from Category "A" for beaches to Category "D" for pier repair and maintenance. The
Executive Summary to the Board will need to seek approval to reallocate the funding,to approve
the additional funding, to authorize an amendment to the grant agreement, and to make a finding
that this expenditure promotes tourism. This item has been approved as to form and legality and
requires majority vote for approval.–CMG
RECOMMENDATION:, That the Board of County Commissioners approves an Out-of-Cycle
Fund 195 Category D Grant Application from the City of Naples for an Additional Funding
Request for the Naples Pier Rebuild for a not to exceed amount of$571,965, recommends that
the Board reallocate tourist development tax funds with a supermajority vote, approve an
amendment to the Grant Agreement, authorize necessary budget amendment and make a finding
that this item promotes tourism.
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning,
Impact Fees and Program Management Division
Attachments: A) Grant Application; and B)Grant Amendment
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�-. COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to approve an Out-of-Cycle Fund 195 Category "D"
Grant Application from the City of Naples for an Additional Funding Request for the Naples Pier
Rebuild for a not to exceed amount of$571,965, recommend that the Board reallocate tourist
development tax funds with a supermajority vote, approve an amendment to the Grant
Agreement, authorize necessary budget amendment, and make a finding that this item
promotes tourism (Project No. 90096).
Meeting Date: 4/14/2015
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
3/16/2015 3:55:20 PM
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Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
3/16/2015 3:55:21 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 3/18/2015 11:52:50 AM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 3/18/2015 11:55:37 AM
Name:NorthrupAdam
Title: Procurement Specialist,Purchasing&General Services
Date: 3/18/2015 12:21:02 PM
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Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Purchasing&General Services
Date: 3/20/2015 9:16:17 AM
Name: HerreraSandra
Title: Manager-Procurement,Purchasing&General Services
Date: 3/20/2015 2:47:44 PM
Name: Tara Castillo
Title: Management/Budget Analyst,Road Maintenance
Date: 3/25/2015 9:09:11 AM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 3/25/2015 3:06:44 PM
Name: PattersonAmy
Title: Manager-Impact Fees&EDC,Business Management&Budget Office
Date: 3/26/2015 12:39:38 PM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services n
Date: 3/27/2015 11:18:13 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/27/2015 2:34:43 PM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 3/30/2015 3:47:24 PM
Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 4/2/2015 6:49:15 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/3/2015 9:55:38 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 4/6/2015 8:32:09 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 4/6/2015 1:32:52 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 4/7/2015 9:58:28 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 4/7/2015 1:55:55 PM
s
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Contract Amendment#1
"2014 Tourism Agreement between Collier County and the City of Naples for FY 14/15
Category "A" City of Naples Projects"
This amendment, dated this_day of , 2015 to the referenced agreement shall be
by and between the parties to the original Agreement, City of Naples (to be referred to as
"Grantee")and Collier County, Florida, (to be referred to as "Grantor").
Statement of Understanding
RE: Contract"2014 Tourism Agreement between Collier County and the City of Naples for
FY 14/15 Category"A" City of Naples Projects"
In order to continue the services provided for in the original Contract document referenced
above, the City of Naples agrees to amend the Contract as per Exhibit "A" attached to this
Amendment and incorporated herein by reference or by the modified language below.
RECITALS:
WHEREAS, CITY submitted applications for Category "A" Tourist Development Tax
Funds in the aggregate amount of eight hundred fifty-three thousand three hundred seventy-one
dollars ($853,371.00) for the City of Naples Projects for fiscal year 2014-2015, as described in
Exhibit "A" and attachments A-1 Beach Maintenance and A-2 Naples Pier. This approval
authorizes eight hundred fifty-three thousand three hundred seventy-one dollars ($853,371.00)to
this Agreement(the "Projects"); and
WHEREAS, this Agreement specifically authorizes the City to carry forward the
$200,000 funding awarded in the FY 2013/2014 Grant Agreement to be added to the City's
request for FY 2014/2015 bringing the total award for the City of Naples Pier Major Renovation
to $892,000; and
WHEREAS. CITY submitted an out of cycle grant application on March 5, 2015 seeking
an additional $571,965 for the City of Naples Pier Major Renovation(Exhibit"A"); and
WHEREAS. CITY'S request for additional funding brings the total award for the City of
Naples Major Pier Renovation to$1,464,414;and
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�•, WHEREAS, the Board of County Commissioners agrees to provide this additional
funding: and
WHEREAS, the Board of County Commissioners desires to fund the Project(s) as
serving valid and worthwhile public purpose and finds that these project expenditures promote
tourism.
2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under
this Agreement shall be - • . -. - • -- .•• . . Z.- , -- - :
($853,371.00) one million four hundred sixty-four thousand and four hundred fourteen dollars
($1,464,414). The GRANTEE is authorized to use an additional $200,000 for the major
renovation of the Naples Pier as awarded in the 2013/2014 Grant Agreement. This amendment
incorporates the additional $571.965 requested on or about March 5, 2015. This brings this
year's total grant award to $1,464,414. GRANTEE shall be paid in accordance with the fiscal
procedures of COUNTY upon submittal of invoices and upon verification that the services
described in the invoice are completed or that goods have been received.
2.1 GRANTEE shall determine that the goods and services have been properly provided
and shall submit invoices to the County Manager or his designee. The County Manager, or his
designee, shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The budget for each project, revised budget for the Major Pier Renovation is attached in Exhibit
"A," shall constitute authorization of the expenditure described in the invoices provided that such
expenditure is made in accordance with this Agreement.
2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount
budgeted pursuant to the attached Exhibit "A" revised budget for the Major Pier Renovation.
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******
16. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement
of the parties and after recommendation by the Tourist Development Council. The reallocation
of funds in the Tourist Development Tax ordinance, No. 92-60, as amended, requires
supermajority vote of the Board of County Commissioners for approval.
******
Note: Language deleted has been self. New language has been underlined.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF,the parties have each, respectively, by an authorized person or
agent,have executed this Amendment on the date(s) indicated below.
Accepted: , 20_
Dwight E. Brock, Clerk OWNER:
BOARD OF COUNTY COMMISSIONERS
BY: OF COLLIER COUNTY, FLORIDA
Contractor's First Witness: By:
Tim Nance, Chairman
By:
Signature GRANTEE:
CITY OF NAPLES
Print Name
By:
Contractor's Second Witness: Signature
By:
Signature Hon. John F. Sorey
Mayor City of Naples
Print Name
.proved as to Form and Legality:
ssistant County Attorney
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Exhibit"A"
COLLIER COUNTY TOURIST DEVELOPMENT
COUNCIL CATEGORY "A" GRANT APPLICATION
2015 Beach Renourishment and Pass Maintenance
Naples Pier Deck Replacement and Structural Renovation
Additional Reauest
(Project Title)
1. Name and Address of Project Sponsor Organization:
City Of Naples
735 Eighth Street South
Naples, Florida 34102
2. Contact Person, Title and Phone:
Name: David Lykins, CSD Director
Address: 280 Riverside Circle
City: Naples State: FL ZIP: 34102
Phone: 239/213-7110 FAX: 239/213-7130 Other: d lykins @naplesgov.com
3. Organization's Chief Elected Official and Title:
Hon. John F. Sorey III
Mayor— City of Naples
4. Details of Project - Description and Location:
Description: The City of Naples requests consideration for a new, out-of-cycle TDC
funding request to capture a funding shortfall for major renovations to the Naples
Pier. The project includes labor and material for the replacement of the stringers, deck,
railings, fasteners, lighting, utility and communication lines at the Naples Pier. The
preliminary and estimated cost of the project prior to actual design and consultation with a
construction manager and sub-contractors was $892,449. The replacement of deck boards and
railings will consist of IPE wood. The replacement of the steel angles, bolts, nuts, washers, clips,
straps and fasteners will include the use of stainless steel hardware.
On March 19, 2014, the City submitted a grant application, supported by Collier County, requesting
that Category "A" FY 2013-14 funding ($200,000) committed to a Naples Pier deck replacement
project be retained, rolled-over and combined with a new Category "A" FY 2014-15 application
requesting an additional $692,449. The initially requested funding was based on a preliminary
estimate provided by the AD Morgan Company of Tampa, Florida, resulting from a structural
evaluation conducted in February 2014. This estimate was proposed prior to completion of any
design documents and vendor or subcontractor review.
The project was placed on the April 10, 2014 Collier County Coastal Advisory Committee meeting,
the April 16, 2014 Collier County Parks and Recreation Advisory Board meeting, the April 28, 2014
Tourist Development Council meeting and the June 10, 2014 Board of County Commissioners
meeting. All three advisory boards and the BOCC unanimously approved the request and Tourist
Development Council Funding in the amount of$892,449.
On June 11, 2014, a contract was awarded by the City to TKW Consulting Engineers, Inc. in the
amount of $98,718 for the structural design and engineering services for the project. City Council
was advised the City would seek the servicac of a C':nnctn union Management at Risk for the project.
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Exhibit"A"
4/14/2015 11 .C.
Collier County Tourist Development
Council Category `:4" Grant Application -Page 2
Manhattan Construction Inc. was selected as the most qualified firm for the pier project. Manhattan
Construction Inc. was recently used by Collier County for the construction of the first phase of the
Gordon River Greenway, including the use of IPE lumber. First hand observation gives staff
confidence that Manhattan will successfully manage the pier project. Based on TKW's engineered
specifications, combined with Manhattan's considerable experience, staff anticipates and expects a
quality result.
The fee negotiated between the City and Manhattan Construction Inc., per CCNA guidelines, is a flat
fee of $65,000. The fee equates to approximately 5% of the estimated construction and deliverables
portion of the project allocated at $1,297,242, and is considered fair and reasonable for the
anticipated scope of work. The contract provides for a performance bond, contractor liability
insurance, and $70,000 in a contingency and allowance fee. The Guaranteed Maximum Price (GMP),
including all costs is $1,464,414.
Project costs determined by Manhattan Construction, Inc. exceed the previously approved TDC
funding of $892,449, increasing by an additional cost of$571,965. A new, out of cycle grant request
has been prepared seeking consideration for additional TDC funding for the unfunded balance of the
project cost. Should the project be completed at a cost less than the GMP of $1,464,414, the
City would only seek funding reimbursement for the actual costs incurred.
The Pier is a public access beach facility as a tourist attractor and destination. The Pier
provides shoreline erosion control and beach preservation effect. Additionally, the public safety
through the continued maintenance of the Pier is of paramount importance, and includes
responsibility and public safety of Pier structure, deck, restrooms and storage facilities as well
as water and electrical systems related to the Pier's use as a fishing, tourist and beach
preservation structure. The Naples City Pier captures out-of-county and local visitor well as
tourist populations from through-out the region and world.
The Pier, a historically significant structure originally constructed in 1887, serves as a public
access beach facility, as a major tourist attraction and vacation destination. The Pier is open to
the public 24 hours a day, seven days per week.
The Naples Pier captures out-of-county and local visitors well as tourist populations from through-
out the region and world. Recent annual Pier visitation data captured by the City reflects the
following: 2012 — 1,031,242 2013— 1,070,545 2014— 1,104,953
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Exhibit"A"
Collier County Tourist Development
Council Category `A" Grant Application -Page 3
Location: The project location is at the 12 Avenue—South terminus beach end. Please refer
to Project Location Map found in the ADDITIONAL INFORMATION section attached.
5. Estimated project start date: July 6, 2015
6. Estimated project duration: Sept. 30, 2015
7. Total TDC Tax Funds $1,464,414
8. If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller
award?
Yes () No(X)
PROJECT BUDGET
PROGRAM ELEMENT AMOUNT
TDC Funds Requested- New Request $_571,965
FY 2013-14 Carryover $_200,000*
FY 2014-15 In-place TDC Funding $_692,449
Approved Funding $_892,449
State of Florida N/A
Share Federal Share N/A
TOTAL $1,464,414
1200,000 was allocated in FY 2013-14 for deck replacement authorized as a carryover and combined with subsequent requests.
PROJECT EXPENSES
(Engineering, Mobilization, Contracting, etc.)
Additional New Request $571,965
TOTAL $1,464,414
I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment
and pass maintenance and agree that my organization will comply with all guidelines and criteria.
w-f2L-r( 3f S"71S
Signature of Sponsor Organization's Chief Official Date
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Exhibit°A„ 4/14/2015 11 .C.
Collier County Tourist Development
Council Category "A" Grant Application -Page 4
ADDITIONAL INFORMATION
ELIG IBILITY: Beach Maintenance activities will take place on beach area that are least 80%
classified as eligible under the TDC guidelines. The project boundary location is from southernmost
State-perm itted beach cleaning area within the City's jurisdictional boundary to Clam Pass in Collier
County.
ORGANIZATIONAL CAPACITY: The City of Naples will be the primary recipient and lead
agency for controlling and completing all aspects and activities proposed in this grant
application. The City will remain the lead agency for the duration of funding and will be the sole
point of contact for all matters related to this proposal. The City has the managerial and
financial capability to ensure proper planning, management, and completion of the project
descri bed in this application.
BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is
involved simultaneously in two or more projects, the staff will not be compensated for more
than 100% of their time for any such dual involvement.
PROJECT LOCATION MAP:
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Exhibit"A"
Manhattan Corutrtubon,ine Edith B-t:;Baba of Compensation
RFQ 15-004 Construction Manager at Rich Pier Renovation t to 4
Manhattan
Building excellence.
February 20,2015
Mr.David Lykins
City of Naples
280 Riverside Circle
Naples,FL 34102
RE: Naples Pier Restoration
Dear Mr.Lykins:
We are pleased to prvide you with the GMP for the Naples Pier Restoration project
which includes the removal and replacement of the existing pier superstructure and
associated plumbing and electrical. This GMP is based upon the bid documents dated
2/16/15 from TKW Consulting Engineers Inc. and our clarification and assumptions.
Cost of the Naples Pier Restoration 41,464,414.00
If you have any questions,please feel free to call.
Sincerely yours,
MANHATTAN CONSTRUCTION
16- ' "4111/4.
S ryy ,
Brett Martin 66ii
Project Manager
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Exhibit"A"
Manhattan Construction,lino. Exhibit B-1:Basis of Compensation
RFQ 15.004 Conshudbn Marrtger at Risk Pier Renovation 4 of 4
. ,.:, ,,:�.,,: . Standard Estimate Report
Description Sub Totals
`tabor $ 435,882 34%
Material $ 567,500 44%
lSubcontract $ 293,860 23%
'Other $ -
$ 1,297,242 $ 1,297,242
Material Tax r$ 34,050 6.00%
Labor Burden Included 58%
$ - $ 1,297,242
L
Builder's Risk insurance $ 9,859 0.76%
Lphoreman`s Insurance $ 1,297 0.10%
General Liability insurance $ 10,637 0.81%
$ 21,794*$ 1,319,036
CM Contingency $ 50,000
Allowances $ 20,000
`$ 70,000 S 1.389,036
Bona':Payment&Performance $ 10,378 0.80%
$ 10,378 $ 1,399,414
Z.M. (Fixed Fee) $ 65,E 5.00%
$ 65,000 $ 1,464,414
Total: $ 1,464,414
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