Agenda 02/24/2009 Item #10E
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Recommendation to approve a Memorandum of Agreement between the Florida
Department of Environmental Protection through its Office of Coastal and Aquatic
Managed Areas (CAMA), and Collier County, for hydrologic restoration improvements on
Shell Island Road.
EXECUTIVE SUMMARY
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OBJECTIVE: To obtain Board of County Commissioners approval and authorization for its
Chair to sign and enter into a MemDrandum Df Agreement with the Florida Department of
Environmental ProtectiDn, thrDugh its Office Df CDastal and Aquatic Managed Areas, to project
manage hydrolDgic restDratiDn imprDvements Dn Shell Island Road.
CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP), through
its Office Df Coastal and Aquatic Managed Areas, has received a grant in the amount of
$500,000 for hydrologic improvements related tD restoratiDn on Shell Island RDad. The project is
located within Rookery Bay NatiDnal Estuarine Research Reserve and is funded by US Fish and
Wildlife funds.
Rookery Bay has requested that CDllier CDunty assist them by project managing the Shell Island
Road Restoration project and requesting qUDtes from contractDrs. This agreement would allow
CDllier CDunty to serve as administratDr Df the prDject with clDse cDDrdinatiDn with the Office Df
Coastal and Aquatic Managed Areas. The FDEP, thrDugh its Office Df CDastal and Aquatic
Managed Areas, has agreed to provide 100% Df the funding for this project. The contractor will
be paid directly by FDEP.
Under this agreement, CDllier CDunty will secure and evaluate fDrmal qUDtations fDr construction
Df the project and provide construction project management. No cDnstruction can begin until
FDEP receives the required permits fDr the project. The requirements Df the project are
anticipated tD include: Removal and cDnstructiDn of culverts allDwing fDr surface water flDw;
backfilling the existing borrow ditch; and rebuilding pDrtiDns Df the existing roadway. Pursuant
to the FDEP's grant agreement, the project must be cDmpleted by March 31, 2009. This
MemDrandum Df Agreement is necessary in Drder for the CDunty to administer this project and
provide project management.
Collier CDunty is allDwing FDEP tD piggyback CDntract # 08-5011 "Annual CDntract for
Underground Utility CDntractDr Services" in accDrdance with SectiDn 35 of said cDntract, and
utilize the services of the IDwest responsive cDntractor.
Pursuant to the Fixed Term Underground Utility Contract (08-5011), on behalf of FDEP, a
request for qUDte was sent by the CDllier County Purchasing Department staff to all tive
contractDrs listed Dn the cDntract Dn February 5, 2009. The qUDtes that were received all
exceeded the budget amDunt, so quotes were re-solicited on February 20, 2009 requesting a best
and final offer from each cDntractDr. QUDtes were due by 3:00 p.m. Dn February 23, 2009. The
lowest, responsive contractor was Haskins, Inc. with a project quote of $299,0 12.
FISCAL IMPACT: There will be nD direct fiscal impact Dn the County since the CDntractDr is
being paid directly by FDEP.
LEGAL CONSIDERATIONS: This item has bcen rcviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners (1) approve the proposed
Memorandum of Agreement and (2) authorize the chairman to sign the agreement.
Prepared By: Brandy Otero, Operations Analyst
Attachments:
I) Memorandum of Agreement
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and
COLLIER COUNTY, FLORIDA
MEMORANDUM OF AGREEMENT NUMBER -
This MEMORANDUM OF AGREEMENT (hereinafter referred to as the AGREEMENT)
as entered into between the Florida Department of Environmental Protection (hereinafter referred to
as DEPARTMENT) by and through its Office of Coastal and Aquatic Managed Areas (hereinafter
referred to as CAMA), and Collier County, a political subdivision of the State of Florida
(hereinafter referred to as the COUNTY);
WHEREAS, CAMA manages those portions of Rookery Bay National Estuarine Research
Reserve (hereinaftcr referred to as the RBNERR) described in Lease No. 3682 from the Board of
Trustees of the Internal Improvement Trust Fund ofthe State of Florida;
WHEREAS, thc DEPARTMENT and the COUNTY have agreed to combine efforts to
conduct hydrological restoration, place culverts, backfill ditches, and conduct road reconstruction
for Shell Island Road (hereinaftcr referred to as the PROJECT);
WHEREAS, the COUNTY has the experience, resources, and expertise to administcr the
PROJECT and thc COUNTY has agrecd to assume administration of the PROJECT, which includes
formal quotation allowing the DEPARTMENT to piggyback Contract # 08-5011 "Annual Contract
for Underground Utility Contractor Services" in accordance with Section 35 of said contract, which
provides for a competitive process and utilize the service of the lowest responsive contractor
(hereinafter rcfcrred to as CONTRACTOR) for construction services of the PROJECT;
WHEREAS, CAMA has secured design plans and technical specifications from Barkley
Consulting Engineers, Inc. (hcreinaftcr referred to as CONSULTANT) for the PROJECT and the
COUNTY and the CONTRACTOR will construct the PROJECT in accordance with the
CONSULTANT'S plans;
WHEREAS, CAMA and the COUNTY may agrce to undertake future improvement of Shcll
Island Road within and rclatcd to the scope of the original Project, this agreement may be amended
to incorporate design, engineering, and construction spccifications and to provide for administration
of the PROJECT;
WHEREAS, easements from the COUNTY, thc Conservancy of Southwest Florida, the
National Audubon Socicty, Inc., and Raymond E. Carroll, Trustcc of the Bear Hammock Land Trust
have been issued to thc Board of Tmstees of the Internal Improvcmcnt Trust Fund of the State of
Florida, c/o thc DEPARTMENT, and authorize the DEPARTMENT and the DEPARTMENT'S
hcirs, successors and assigns to use certain lands to accomplish the PROJECT;
WHEREAS, this AGREEMENT delcgates administration of the PROJECT to the COUNTY
and provides for procedures by which invoicing and payment will be made to the CONTRACTOR
by the DEPARTMENT, through CAMA.
MEMORANDUM OF AGREEMENT
PAGE t 0[5
NOW THEREFORE in consideration of the mutual covcnants contained herein the DEPARTMENT
and the COUNTY agree as follows:
I. a. The PROJECT consists of demolition of the eXlstmg cross-drain structures; all
cutting, filling and compacting of fills and grading required to bring the entire project area
to grades specified in the technical specifications; the removal and replacement of
reinforced concrete culverts allowing for surface water flow; and such further work as is
outlined in the design plans and specifications, including but not limited to backfilling the
existing borrow ditch, rebuilding the existing roadway with embankment material and
compacted limerock, and constructing a temporary silt fence for the length of the projcct as
pcr plans.
b. The PROJECT is located within Rookery Bay National Estuarine Research Reserve
in Collier County and is funded by U.S. Fish and Wildlife Service grant funds. Thc
COUNTY has agreed to serve as administrator of the PROJECT and will solicit competitive
formal quotations pursuant to COUNTY Purchasing Policy, evaluate such formal quotations
in consultation with CAMA's Project Manager, provide onsite project management, and to
assume the rolc of contract manager.
c. The DEPARTMENT, through CAMA, agrees to provide 100% funding, not to
exceed $500,000, for the PROJECT and shall provide payment for approved invoices
submitted directly from the CONTRACTOR to the DEPARTMENT. The DEPARTMENT
shall remit payment directly to the CONTRACTOR in accordance with the Local
Government Prompt Payment Act, Florida Statutes S 218.70. The COUNTY agrees to work
in conjunction with CAMA for evaluation of fonnal quotations, contract drafting, inspcction
of work to approve pay requests, and final approval and contract closurc procedures. Thc
COUNTY understands that the entirety of the construction activity must be complete by
March 31, 2009 pursuant to CAMA's grant agreement. The lifc of the PROJECT under this
AGREEMENT may be extended upon execution of any subsequent amendments to this
AGREEMENT. The parties expressly agree tbat the provisions of this AGREEMENT shall
survive and be enforceable beyond thc cxpiration date of this AGREEMENT.
2. The COUNTY shall perform thc following services for the PROJECT:
The COUNTY shall be responsiblc for the performancc of all services necessary to secure
and evaluatc formal quotations for construction of the PROJECT and to provide construction
projcct management for the PROJECT pursuant to DEPARTMENT Permits.
3. Tbe DEPARTMENT shall provide the funds to accomplish the services set forth in
Paragraph 1. This AGREEMENT may bc amended to incorporatc future construction
services within the scopc of the PROJECT's plans and specifications, if determined
necessary by the parties, through a separate written instrument.
4. The COUNTY shall fully administer the services set forth in Paragraph I and 2, above.
Construction services and any additional design and permitting shall be fully administered
by the COUNTY and shall follow all competitive formal quotation procedures and state,
fcdcral and local laws. CAMA shall review the formal quotations with the COUNTY prior
MEMORANDUM OF AGREEMENT
PAGE 2 of5
to the issuance of a contract. The contract shall be drafted with collaboration from CAMA
and the DEPARTMENT's Office of General Counsel to include all state and federally
mandated clauses and forms, if applicable.
5. This AGREEMENT shall become effective on the date of execution by both parties and
shall terminate on March 31, 2009, unless cxtended for good cause upon agreement by the
COUNTY and the DEPARTMENT. Thc Partics undcrstand and agree that the Project shall
not commence until all permits are obtained; notwithstanding the abbreviated completion
date.
6. All PROJECT dcsign changes, notices, and other future activities shall bc directed to the
Project Managers for written concurrence, appropriate action, or disposition as identified
below:
CAMA's Proiect Manager:
The COUNTY's Proiect Manager:
Randy McCormick
FDEP/Rookery Bay NERR
Assistant Managcr
300 Tower Road
Naples, FL 34114
(239)417-6310
Gerald Kurtz
Road Maintenance Dept., Stormwater
Principal Project Manager
2885 S. Horseshoc Drive
Naples, FL 34104
(239) 252-8192
Any formal notice arising under this AGREEEMENT to either party shall be made in
writing to the Projcct Managers at the addresses above. Any approvals required for
construction, contracting, invoicing, or payment shall be from the above-cited Project
Managers and shall not be accepted from any other individual unlcss designated as desil,'I1ce.
Any change in either the COUNTY or CAMA's Project Manager shall be noticed to the
othcr party at thc address listed above within ten (10) days of such change.
7. The DEPARTMENT and COUNTY shall have joint responsibility for testing, monitoring,
and post-construction activities required under pcrmits and called for in the technical
specifications.
Both parties agree to be fully responsible for their own acts of negligence, or their respectivc
agents' acts of negligence when acting within the scopc of their employment, and agrec to bc
liable for any damages resulting [rom said negligence to thc extent permitted by Section
768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by either the COUNTY or thc DEPARTMENT. Nothing herein shall be construed
as consent by the COUNTY or the DEPARTMENT to be sued by third parties in any manner
arising out of this AGREEMENT. The DEPARTMENT further expressly covenants and
agrees to refrain from bringing suit or proceedings at law, in equity, or administrativcly and,
to the extent allowable by law, to indemnify and hold the COUNTY harmless, on account of
any and all such claims, demands, actions or causes of action related to any acts of
negligcnce or violations of law committcd by the DEPARTMENT's contractor while
working on the Project.
MEMORANDUM OF AGREEMENT
PAGE 3 of5
8. This AGREEMENT may be terminated by either party upon thirty (30) days written notice
if conditions arise, such as lack of available funding, which dictates that it is in the public
interest to terminate. This document embodies the whole agreement between the parties.
There are no promises, terms, conditions or allegations other than those contained herein
and this document shall supersede all previous communications, representations and/or
agreement, whethcr written or verbal, between the parties hereto. This AGREEMENT may
bc modificd only in writing exccutcd by all parties. This AGREEMENT shall bc binding
upon the parties, their successors, assigns and legal representatives.
9. Prior to its effectiveness, this AGREEMENT and subsequent amendments thercto must be
filed and recorded with the Clerk of the Circuit Court of Collier County.
REMAINDER
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MEMORANDUM OF AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have caused these prcsents to be executed by their duly
authorized officers, and their officials seals hereto aftixed, the day and year tirst above written.
Department of Environmental Protection
Office of Coastal and Aquatic Managed Areas
COLLIER COUNTY, a political
subdivision of the State of
Florida
By:
Lee Edmiston, Director
Or Designee
By:
Donna Fiala
County Commission Chairman
ATrEST:
WITNESS:
By:
By:
APPROVED AS TO FORM:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
DEP Attorney
By:
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Oftice of County Attorney' .
MEMORANDUM OF AGREEMENT
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