Agenda 11/12/2013 Item #16A13n
11 /12/2013 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve a funding agreement between Collier County and the Pelican
Bay Foundation, Inc. for truck haul beach renourishment for Pelican Bay beach segment
R -35 and R -36. This renourishment is subject to Florida Department of Environmental
Protection's (FDEP) timely issuance of a Notice to Proceed (NTP) for this work as defined
in Permit Modification 0222355-013 -JN. Fiscal Impact: $374,227 from the Pelican Bay
Foundation.
OBJECTIVE: To approve an agreement between Collier County and the Pelican Bay
Foundation, Inc. allowing Collier County to renourish specified Pelican Bay beaches and
provides reimbursement to Collier County by the Foundation for this work.
CONSIDERATIONS: The Board of County Commissioners approved up to 35,000 Cubic
Yards (CY's) of renourishment to the Pelican Bay beaches on 9/10/2013 (Item 11A). Collier
County is currently conducting a truck haul beach renourishment and the Pelican Bay
Foundation is desirous to participate and have the beach segment between R -35 and R -36
renourished as a portion of this project. The Pelican Bay Foundation has agreed to pay for
approximately 10,000 CY's of material to partially renourish this segment of beach at a cost of
approximately $374,227. This reimbursement includes the cost of the sand, transportation and
placement on the beach as well as the fair share value of the fixed costs associated with the
renourishment. These associated costs include surveys, maintenance of traffic and turbidity
monitoring. The Foundation and County agree that should the cost increase or decrease through
no fault of either party, and then the reimbursement will be adjusted accordingly.
The total volume of beach renourishment for the Pelican Bay beaches is expected to be 25,000
CY's and extend from R -34.5 to R -37 or approximately 2,500 LF of beach. The Foundation has
agreed to pay for 10,000 CY's and the Pelican Bay Services Division has agreed to pay for the
remaining 15,000 CY's. Reimbursement for the remaining 15,000 CY's from the Pelican Bay
Services Division will occur through a budget transfer performed by the Collier County Office of
Management and Budget. The cost of the 15,000 CY's for the Pelican Bay Services Division
portion is expected to be approximately $561,342.
This renourishment is subject to Florida Department of Environmental Protection's (FDEP)
timely issuance of a Notice to Proceed (NTP) for this work as defined in Permit Modification
0222355- 013 -JN.
FISCAL IMPACT: Approval of this agreement is required as a condition prior to
renourishment of the Pelican Bay beaches. The Pelican Bay Foundation will pay approximately
$374,227 and the Pelican Bay Services Division will pay approximately $561,342 to complete
the Pelican Bay portion of the project. No TDC funds will be used to perform this work.
Additional mobilization expenses may be incurred if the contractor is required to re- mobilize if
the permit is issued after the contractor has finished the Vanderbilt portion of the work. Currently
the contractor is expected to complete all Vanderbilt Beach work and de- mobilize the week of
11/18/2013.
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11/12/2013 16.A.13.
GROWTH MANAGEMENT EUPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. CMG
RECOMMENDATION: To approve a funding agreement between Collier County and the
Pelican Bay Foundation, Inc. for truck haul beach renourishment for Pelican Bay beach segments
R -35 and R -36; and authorize the necessary budget amendments to complete the entire Pelican
Bay portion of the project.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department
Attachments:
Agreement; Collier County and the Pelican Bay Foundation, Inc. for Beach Renourishment
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11/12/2013 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve an agreement between Collier County and
the Pelican Bay Foundation, Inc. for truck haul beach renourishment for Pelican Bay beach
segment R -35 and R -36 along with providing reimbursement to the County for this work. This
renourishment is subject to Florida Department of Environmental Protection's (FDEP) timely
issuance of a Notice to Proceed (NTP) for this work as defined in Permit Modification 0222355-
013 -JN.
Meeting Date: 11/12/2013
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
11/1/2013 8:29:44 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/1/2013 1:01:41 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 11/4/2013 9:17:33 AM
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 11/4/2013 9:46:37 AM
Name: LaPierreBarbara
Title: Management/Budget Analyst,Transportation Administr
Date: 11/4/2013 9:46:46 AM
Name: KearnsAllison
Date: 11/4/2013 9:58:37 AM
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Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/4/2013 10:24:59 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 11/4/2013 10:27:23 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/4/2013 10:49:59 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/4/2013 12:04:08 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2013 12:59:06 PM
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11/12/2013 16.A.13.
11/12/2013 16.A.13.
n AGREEMENT BETWEEN
COLLIER COUNTY AND THE PELICAN BAY FOUNDATION, INC.
FOR BEACH RENOURISHMENT
This Beach Renourishment Agreement is entered into this day of November, 2013, by
and between the Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3299 Tamiami Trail East, Naples, FL 34112 ( "County "), and the Pelican Bay
Foundation, Inc., a Florida Non - Profit Corporation, whose mailing address is 6251 Pelican Bay
Blvd., Naples, FL 34108 ( "Foundation ").
RECITALS:
WHEREAS, Collier County is conducting its truck haul beach renourishment which is
scheduled to begin on or before October 14, 2013; and
WHEREAS, the Foundation would like to participate in the County's truck haul beach
1_� renourishment and receive construction services including sand placement in certain identified
areas of Pelican Bay, and the Foundation agrees to compensate the County in full and in advance
for the construction services and sand placement on the beaches identified herein; and
WHEREAS, the County hereby agrees to include the identified Pelican Bay beaches in
the truck haul renourishment project and accept the funds from the Foundation to cover these
expenses in full.
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1. The Foundation has engaged and compensated its own engineering services for this beach
renourishment, and Collier County will follow the engineering design provided by
Coastal Planning & Engineering, the Foundation's retained engineer for this project.
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Collier County has engaged construction services to conduct the truck haul beach
renourishment including placement of the sand on the eligible beaches and CEI services.
2. The beaches identified by the Foundation for funding include compensation for 10,000
(ten thousand) cubic yards of sand at markers R -35 and R -36.
3. The Foundation agrees to provide the funding in total to the County prior to the truck
haul renourishment as identified herein including the fair share value of fixed costs
associated with the renourishment at Markers R -35 and R -36.
4. The total amount of the funding due to the County is $374,227. Said funding shall be
provided within seven (7) days of execution of this Agreement.
5. The Foundation agrees that should costs increase at this location, through no fault of the
County, the Foundation agrees to pay the difference in cost within seven (7) days of
written notification by the County.
6. The County agrees that should the expected costs decrease, the County shall provide a
refund of the difference to the Foundation at Project close -out.
7. The Foundation agrees to provide the County, its contractors and representatives, the
required access to successfully complete the truck haul renourishment.
8. The Foundation shall indemnify and save harmless the County, including all employees
of the County, from any loss or damages the Foundation may suffer as a result of claims,
suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments,
including attorneys' fees and costs of litigation, against the Foundation arising out of the
County's truck haul beach renourishment, including the construction, sand placement and
related services.
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9. Unless terminated as set forth below, this Agreement shall remain in full force and effect
from the date first set forth above until the truck haul renourishment is complete and shall
be binding upon the parties and all their successors in interest. Prior to the
commencement of sand placement, the Agreement may be terminated with cause by the
Foundation with thirty (30) days written notice to the other. The County may terminate
this Agreement at any time and without prior written notice. Should the Agreement be
terminated, the County will refund any unexpended funds to the Foundation after final
accounting of the Project. The sole remedy against the County will be to recover the
unexpended project funds.
10. In the event either party hereto shall institute legal proceedings in connection with, or for
the enforcement of, this Agreement, the prevailing party shall be entitled to recover its
A,—IN costs of suit, including reasonable attorney's fees, at both trial and appellate levels.
11. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Foundation shall pay all costs of recording this Agreement
subsequent to the execution of this Agreement. A copy of the Recorded Agreement will
be provided to the Foundation.
1.2. This Agreement is the entire agreement between the parties, and supercedes all previous
oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be
altered or amended in any way, save by written agreement signed by both parties.
13. The rights and obligations of this Agreement shall bind and benefit any successors or
assigns of the parties.
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In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
_Approved as to form and legality:
Oolleen M. Greene, Assistant County Attorney
WITNESSES: Pelican Bay Foundation, Inc.
By:
Printed Name: Printed Name:
Title:
Printed Name:
STATE OF FLORIDA
COUNTY OF COLLIER
Signed and acknowledged on this day of , 2013, before me, the
undersigned notary public, by , President of
the Pelican Bay Foundation, a Florida corporation not- for - profit, on behalf of the corporation.
He [] is personally known to me or [ ] produced as
identification.
My Commission Expires:
Notary Public
Printed Name:
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