Loading...
Agenda 02/24/2009 Item #10E -~::1-C( y, _J \ D'-I 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 '-'l=" IlL -A~(I ,', '\ 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 OF PAGE INTENTIONALLY LEFT BLANK MEMORANDUM OF AGREEMENT PAGE 4 of5 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: .../l i i ,--;~{ I./~ _J~~_____.__ Oftice of County Attorney' . MEMORANDUM OF AGREEMENT PAGE50f5