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Backup Documents 10/28/2014 Item #16A19 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6 A 1 .0/ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT . 10/28/14 4. BCC Office Board of Countyrb Commissioners \� Vl/ 5. Minutes and Records Clerk of Court's Office T(Y\ 03004 3�3KpM PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Shane Cox, Rod Maintenance Phone Number 252-5792 Contact/ Department Agenda Date Item was 10/28/14 Agenda Item Number 16-A-19 Approved by the BCC Type of Document Agreement#4600003145 Number of Original Two Attached Documents Attached PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. - c--> c),k, 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 10/28/14 and all changes made during SRT the meeting have been incorporated in the attached document. The County sa- Attorney's Office has reviewed the changes,if applicable. J. 9. Initials of attorney verifying that the attached document is the version approved by t SR BCC,all changes directed by the BCC have been made, and the document is ready f• th = Chairman's signature. V 'Z "17:iii:,:.: ,..:In;...—,-`\ \ }� I:Forms/County Forms/BCC Forms/Original Documents Rbuting Slip WWS Original 9.03.04,Revised 1.26.15,Revised 2.24.05;Revised 11/30/1 `S-1\-Nn` 16 A 1 NeetVirginia From: CoxShane Sent: Wednesday, October 29, 2014 12:29 PM To: NeetVirginia Subject: SFWMD 4600003145 hi Denny RE: SFWMD Agreement -* 1-use the two originals I sent Scott 2-send to Atten: Sharman Rose, Contract Specialist South Florida Water Management District 3301 Gun Club Rd West Palm Beach, FL 33406 Phone 561-682-2167 (she will send fully executed back to me) 3-yes pls date at top you have sent these to WPB for me a few times in the past and it works well for me so I appreciate if you can do it this time too. However if you cant, no problem just send back and let me know Shane Cox,P.E. Sr Project Manager Roadway Stormwater and Bridge Section Transportation Engineering Department Growth Management Division Collier County Government (239)252-5792 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1 6A 1 9 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY:COURTHOUSE 3315 TAMIAMI i STE 102 Dwight E. Brock-C'erk of'Circuit Court P.O.BOX 413044 NAPLES, FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito*ustodian of County Funds November 3, 2014 Sharman Rose, Contract Specialist South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406 Re: Agreement #4600003145 between SFWMD and the Board of County Commissioners of Collier County, Florida for assistance in funding Lely Area Stormwater Improvement/County Barn Road Project #33384 Ms. Rose, Attached for further processing are two (2) original copies of the agreement referenced above, approved by the Collier County Board of County Commissioners on Tuesday, October 28, 2014. After the agreement(s) have been signed, please return one of the original agreements to the Collier County Minutes and Records Department, that serves as Clerk to the Board, for the Board's Official Record. Thank you. DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachments (2) Phone- (239) 252-2646 Fax- (239) 252-2755 Website- \v\v\k„Collicr(rierk.com Email- ColiierCierka;coiliercierk,cont ,, 16A19 1 i ..4" e ";,,,r- lirrm., Tr i ii-, , ,T171111 4 ' ,off, _ 6 3v Express 39 Si oS TF6, Nq 7p?M/q[ij/ T 32g i ivt� ;k ::,. FSF� M/tk oda F 4 .. 3q SM.l�j 2430 j'6 O = o o c o 6'p1�f 7 rr�s3 f— � - Cn'V cri S. _=—.cp 0 a c= 14079030 p��, NCO co) n R W C O m o r O47?5 IO - �-ac_ - d Q eta cr O'er w 656 0i - _ -nD Q = N T a c y �7bi3. �z� -�_ W�• • oN, w -I m .. CD .co,, �� •i-, r, 0, g 70 _ t �� O rn -rti r-r -fes m y m 7 . C C m +ft N0 OD • T gi o=G m b D -6.7-1- *5.47 O a at O* m m a m 0 ommemilimmilimini 0 V () 'A W 0 o co a o m < ) M111111 •1111 tD o w A (44 N C.0 „.....")4 T`� N o CDp • Oo0 • GO N p CO ;1 0 / miiiiiminommlown -...1 elownion C71 PO Ab Mililli CM ;L / iIIIIIMMIMIIN O `O' V V IIIMMINIIIIMMEM V CO ,`J . V `�.i W t 1 6 A 19 a Z 4,, SOUTH FLORIFIRAMATER MANAGEMENT DISTRICT ^" t ITY, FLORIDA 00 ,,, „ats,� Ground Delivery se „,. . � 2014 NOV 25 PM 3: 18 Fedex: 7719 7336 8279 November 24, 2014 CLERK OF COURTS Collier County Minutes and Records Depaft en+ -_..0 C 3315 Tamiami Trail E., Suite 102 Naples, FL 34112-5324 To Whom It May Concern: Subject: Contract# 4600003145 — Lely Area Stormwater Improvement Area (LASIIP) County Barn Road Please find enclosed one (1) fully executed copy of the above referenced document. Thank you for your efforts on behalf of the South Florida Water Management District (District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, Sharman Rose Senior Contract Specialist Procurement Bureau shrose@sfwmd.gov (561) 682-2167 FAX: (561) 682-5624 /SR Enclosure c: Joe Schmidt— MSC BCB Service Center 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsfwmd.gov 1 6A 19 MEMORANDUM Date: November 25, 2014 To: Shane Cox, Senior Project Manager Transportation Engineering and Construction Management From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Agreement #4600003145 w/SFWMD to recognize grant funding in the amount of$1,250,000 and a grant match of$3,750,000 for construction of LASIP/County Barn Road Project No. 33384 Attached for your records is a copy of the agreement referenced above, (Item #16A19) approved by the Board of County Commissioners on Tuesday, October 28, 2014. The original document will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 16A19 s PO NO.SODO[D(0Z2h14I y'aS`�1 NaG. - SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600003145 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER ,; •i'� Y, FLORIDA THIS AGREEMENT is entered into as of "d between the South Florida Water Management District (DISTRICT) and the Board of County Commissioners of Collier County, Florida(COUNTY). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for Lely Area Stormwater Improvement Area(LASIP) County Barn Road; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT, at its November 13, 2014 meeting, approved entering into this AGREEMENT with the COUNTY. NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for Lely Area Stormwater Improvement Areas (LASIP) County Barn Road. 2. The period of performance of this AGREEMENT shall commence on December 1, 2014 and shall continue for a period of Eighteen(18) months terminating on May 31, 2016. 3. The total DISTRICT contribution shall not exceed the amount of $1,250,000.00. The DISTRICT shall make payment upon completion and acceptance of the deliverables as 1 6A 19 described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's payment is a reimbursement of actual expenditures and therefore is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $1,250,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the COUNTY is providing a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY'S contribution shall be 75% of the total cost of the project in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond April 30, 2016 unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Page 2 of 7,Agreement No.4600003145 C`� 16A19 Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2)the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. Page 3 of 7,Agreement No.4600003145 CS 16A19 15: The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes,the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year Page 4 of 7,Agreement No.4600003145 16A B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Attn:Joseph Schmidt,Project Manager Attn: Shane Cox,Project Manager Attn: Sharman Rose,Contract Specialist Growth Management Division 3301 Gun Club Road 2885 South Horseshoe Drive West Palm Beach,FL 33406 Naples,FL 34104 Telephone No: (561)682-2167 Telephone No.(239)252-8192 Email: shrose@sfwmd.gov Email: shanecox@colliergov.net 19. COUNTY shall send its invoices and any attachments to APInvoice(a,sfwmd.gov and a copy to the DISTRICT Project Manager. All invoices must reference the COUNTY's legal name as authorized to do business with the State of Florida; DISTRICT'S AGREEMENT Number and Purchase Order (PO) Number as specified on the cover/signature page of the AGREEMENT; a unique invoice number not previously used; date; a description of the services performed, and the amount to be invoiced. COUNTY shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi; 2) name the pdf file with the COUNTY's name and the PO number, and 3) provide all required attachments with the invoice file. If email or pdf filing is not possible,the COUNTY must provide the above to the following address: South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach,FL 33416-4682 COUNTY must submit its invoices in compliance with the requirements of this subsection and all other terms and conditions of this AGREEMENT in order to receive prompt payment by the DISTRICT as described in Section 218.70, F.S. COUNTY's failure to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. 20. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties,their respective assigns, and successors in interest. 21. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same a7 Page 5 of 7,Agreement No.4600003145 } Alk, . instrument. A photocopy, electronic or facsimile copy of this AGREEMEN and any • signatory hereon shall be considered for all purposes as original. 22. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 23. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 24. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person,entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 25. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 26. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 27. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 28. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 —27 (b) Exhibit"A"Statement of Work (c)Exhibit"B"Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference a^ Page 6 of 7,Agreement No.4600003145 16A19 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: IIS a .. i e -, / / Doro A.Br34 shaw,Procurement Bureau Chief , SFWMD PROCUREMENT APPROVED By: - Af2 Date: © Off. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA •By: /”."--- J Name of at i orized Individual TOM HENNI Title: CIIAI RMAN ATT ,S`T A r as t o d legality DWIGHTtE. BR6CK9 CLERK G:OC , R.Teach, Deputy County Attorney Attest esp.: a 'S signature only. Page 7 of 7,Agreement No.4600003145 16A19 EXHIBIT "A" STATEMENT OF WORK Collier County Lely Area Stormwater Improvement Area(LASIP) County Barn Road A. INTRODUCTION/BACKGROUND The South Florida Water Management District (District) has allocated funding in Fiscal Year 2015 for flood control, natural system restoration, water quality improvement, and alternative water supply projects which meet the objectives of the Big Cypress Basin's Strategic Plan. Collier County (County) developed the Lely Area Stormwater Improvement Project (LASIP), which as a whole when complete will provide a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6. This part of Collier County has experienced an increasing level of flooding and poor water quality as a result of continued development within the 11,135-acre LASIP basin. Over three-fourths of the proposed LASIP facilities have been constructed to date, and the County Barn Road portion is integral to the rest of the system. B. OBJECTIVES Further development within the LASIP drainage area is expected. The LASIP drainage area consists of two sub-basins known as the Lely Canal Basin and the Lely Manor Basin which drain to the Lely Main Canal and the Lely Manor Canal, respectively. The Lely Main Canal discharges into an estuarine coastal zone near Dollar Bay, and the Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay. The objectives of this project include: providing additional flood control for the LASIP drainage area by increasing the capacity of the stormwater conveyance system, and improving the quality of stormwater within the LASIP system that eventually enters the Rookery Bay National Estuarine Research Reserve through utilization of natural swales for stormwater conveyance and installation of a weir. C. SCOPE OF WORK The County shall complete stormwater conveyance system improvements on the east side of County Barn Road from Davis Boulevard south to Rattlesnake Hammock Road. The configuration of which will consist of 7,000 linear feet of natural swale improvements, 2,300 linear feet of 8-ft by 4-ft box culvert, and 450 linear feet of both single and dual 36-inch reinforced concrete pipe (RCP). The County shall also construct a weir with a crest elevation of 8.0 NGVD within the enlarged natural swale conveyance section north of the County Fleet Management Facility and Eden School. The County will be responsible for satisfactory completion of this scope of work and may retain consultants, contractors, and/or vendors to provide the professional and construction services required. The County will be responsible for project management, budget management, quality Page 1 of 2,Exhibit"A"to Contract No.4600003145 16A19 control, and public outreach. The County will also be responsible for reviewing and approving deliverables from its consultant(s), contractor(s), and/or vendor(s) to ensure that project objectives are met. D. WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below: Task 1: Pre-construction • Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP)to the District. Task 2 - 6: Construction • Complete stormwater conveyance system improvements (7,000 linear feet of natural swale improvements; 2,300 linear feet of 8-ft by 4-ft box culvert; and 450 linear feet of both single and dual 36-inch RCP; and installation of a weir) per design plans, project specifications, and applicable permits. • Submit quarterly status reports (Exhibit"D")which provide a narrative of construction activities completed to date, a discussion of project status, an explanation of conflicts or issues, if any, which may affect construction progress or project performance, and a description of other pertinent information attached to the quarterly status reports such as project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence to the District. Task 7: Post-construction • Submit a Reimbursement Request and Certification of Completion which includes supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s) to the District. Page 2 of 2,Exhibit"A"to Contract No.4600003145 16A19 EXHIBIT "B" DELIVERABLES AND PAYMENT SCHEDULE Collier County Lely Area Stormwater Improvement Project(LASIP) County Barn Road • The schedule set forth below is December 1, 2014 to April 30, 2016. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager(s). Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The County shall submit a reimbursement request upon completion of each Task noted below. If applicable, the County shall submit a final reimbursement request package for payment and Exhibit "D" on or before April 30, 2016. All reimbursement request packages shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit"A", the Statement of Work(SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the County's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices (pay applications), and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit"A", the SOW. • The District shall only be obligated to pay for documented actual FY2015-2016 construction) costs within the not-to-exceed amounts specified below. In the event actual construction costs by the County are less than the not-to-exceed amount for a particular Task, the County shall have the right to apply the unexpended balance toward another Task, unless the total current fiscal year construction cost has decreased. The County shall provide prior written notice of its decision to exercise this right to the District Project Manager(s). If the County does not exercise this right, the County agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $1,250,000. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Agreement 4600003145,Exhibit"B",Page 1 of 2 16A19 District Invoice Report Due County Not-To- Project Task Deliverable(s) Date2 Date Share Exceed Cost (75%) Share (100%) (25%) Design Plans, Project 1 Specifications, Bid N/A Upon Contract N/A N/A N/A Amount Documentation, Execution 3 and NTP 2 Exhibit "D" - Quarterly N/A March 31, 2015 N/A N/A N/A Status Report 4 3 Exhibit "D" - Quarterly N/A June 30, 2015 N/A N/A N/A Status Report 4 4 Exhibit "D" - Quarterly N/A September 30, N/A N/A N/A Status Report2015 5 Exhibit "D" - Quarterly N/A December 31, N/A N/A N/A Status Report4 2015 6 Exhibit "D" - Quarterly N/A March 31, 2016 N/A N/A N/A Status Report 4 Reimbursement Request Upon and Certification of Completion for Conclusion 7 stormwater conveyance of April 30, 2016 $3,750,000 $1,250,000 $5,000,000 system improvements per Construction Exhibit "A" Task(s) 1 Ineligible costs include, but not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. 2 If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before April 30, 2016 for reimbursement. 3 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager(s). 4 Exhibit"D" Quarterly Status Reports are due within ten(10) business days of the due date. S Agreement 4600003145,Exhibit"B",Page 2 of 2 16A19 EXHIBIT "D" QUARTERLY STATUS REPORT Collier County Lely Area Stormwater Improvement Project (LASIP) County Barn Road Date of Report: Name/Title of Person Completing Report: 1.) Narrative of construction activities completed to date: 2.) Discussion of overall Project status: 3.) Explanation of conflicts or issues, if any, which may affect construction progress or Project performance: 4.) Description of other pertinent information attached to this Report: cq Agreement 4600003145,Exhibit"D",Page 1 of 1