Agenda 11/15/2016 Item #16A29 16.A.29
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve the South Florida Water Management District(SFWMD) Agreement
No. 4600003476 and to authorize any necessary budget amendments to recognize grant funding of,
up to an amount of $800,000 for the construction of the Haldeman Creek Weir Replacement
Project,Project#60103.
OBJECTIVE: For the Board of County Commissioners (Board) to approve Funding Agreement No.
4600003476 with the SFWMD; this agreement provides funding of up to an amount of$800,000 for the
construction of the Haldeman Creek Weir Replacement Project.
CONSIDERATIONS: The SFWMD annually ranks and chooses projects submitted by local
governments to receive funding for water quality and flood mitigation improvements. One of the FY
2017 projects chosen was the Haldeman Creek Weir Replacement Project. This project will provide a
replacement to the existing weir located along Haldeman Creek approximately 500 feet upstream of U.S.
41.
On October 13, 2016, the SFWMD Big Cypress Basin Board approved funding assistance up to an
amount of $800,000 to be used in FY2017 for construction tasks for the Haldeman Creek Weir
Replacement Project. The Engineer's opinion of probable cost for the construction at the time of the
grant application was $1,720,980. As set forth in the guidelines established in the Statement of Work and
Agreement documents, the County will submit reports and invoices throughout the construction at
specific milestones, and reimbursement for construction costs will be made upon receipt of these,the final
being in response to providing a Certification of Completion of Construction.
The Agreement will be going before the Governing Board of the SFWMD for approval at its December 8,
2016 meeting. The current construction schedule includes a construction start date of late December
2016,with a 270 day substantial completion time,plus 30 days to final completion.
FISCAL IMPACT: The project was approved by the Board in the FY 2017 budget. A budget
amendment is required to recognize grant revenue in the amount of$800,000 in the Growth Management
Department(GMD)Grant Fund 711,Project 60103. A budget amendment is also required to recognize
the required 60%match of$ 1,200,000 within the GMD Match Grant Fund 712,Project 60103. Local
funds are available within the Stormwater Capital Fund(325)projects via transfer to cover the entire
match and project contingencies. The source of funds are grant funds and ad valorem taxes.
The maintenance cost of the new weir will be minimal. The Road Maintenance Division currently
provides maintenance for the existing weir that is being replaced. There will be no additional maintenance
cost associated with the replacement facility. The improvements will be constructed within the existing
drainage and access easements currently owned by Collier County.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: To approve and authorize the Chairman to execute the attached SFWMD
Agreement No. 4600003476, in the amount of$800,000, to assist in funding the Haldeman Creek Weir
Replacement Project and authorize any necessary budget amendments for this grant.
Prepared By: Elly Soto McKuen, Project Manager, Capital Project Planning, Stormwater Improvement
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I6.A.29
11/15/2016
and Program Management Division,Growth Management Department �.
ATTACHMENT(S)
1.Agreement No 4600003476 with corrected pages and CAO Stamp (PDF)
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16.A.29
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.29
Item Summary: Recommendation to approve the South Florida Water Management District
(SFWMD) Agreement No. 4600003476 and to authorize any necessary budget amendments to recognize
grant funding in the amount of up to $800,000 for the construction of the Haldeman Creek Weir
Replacement Project,Project#60103.
Meeting Date: 11/15/2016
Prepared by:
Title: Project Manager,CRA—Capital Project Planning, Impact Fees,and Program Management
Name: Elly McKuen
10/18/2016 4:11 PM
Submitted by:
Title: Division Director-IF,CPP&PM—Capital Project Planning,Impact Fees,and Program
Management
Name: Amy Patterson
10/18/2016 4:11 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/19/2016 4:08 PM
Capital Project Planning,Impact Fees,and Program Management Shane Cox Additional Reviewer Completed
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/20/2016 11:03 AM
Grants Kimberly Lingar Level 2 Grants Review Completed 10/20/2016 3:26 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/25/2016 8:49 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/25/2016 11:49 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/26/2016 8:42 AM
Grants Therese Stanley Additional Reviewer Completed 11/07/2016 10:31 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/07/2016 3:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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A6A29.d
PO NO.950000 '—•\
4610
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
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AGREEMENT NO.4600003476
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA 0
THIS AGREEMENT is entered into as of by and between the South Florida N
Water Management District(DISTRICT)and Board of County Commissioners of Collier County,
Florida(COUNTY).
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WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida O^
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Statutes;andle
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WHEREAS,the DISTRICT desires to provide financial assistance to the COUNTY to
replace the Haldeman Creek Weir;and
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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 8
WHEREAS,the Governing Board of the DISTRICT,at its November 10,2016 meeting,
approved entering into this AGREEMENT with the COUNTY co
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NOW, THEREFORE, in consideration of the covenants and representations set forth o
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged,the parties agree as follows: °
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1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work E
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 the Haldeman Creek Weir
Replacement Project.
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2. The period of performance of this AGREEMENT shall commence on December 1,2016
and shall terminate on November 30,2017.
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16.A.29.d
3. The total DISTRICT contribution for all work completed herein shall not exceed the
amount of$800,000 or 40%of eligible expenditures for the project,whichever is less.
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4. The COUNTY shall submit Reimbursement Request Packages as described in the Payment g
and Deliverables Schedule set forth in Exhibit"B"attached hereto and made a part hereof. L
Payments shall be made following receipt and acceptance of the Reimbursement Request Q
Packages by the DISTRICT's Project Manager. Reimbursement Request Packages shall a
adequately demonstrate completion of each Task in accordance with Exhibit"A"and shall E
include,but not be limited to,a copy of the COUNTY's invoice and other documentation o
supporting payment. d
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5. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is
therefore contingent on adequate documentation to support actual eligible expenditures
within the not-to-exceed AGREEMENT funding limitation. In the event that actual d
expenditures are less than expected for a particular Task, the COUNTY may apply the 6
unexpended balance towards another Task consistent with the AGREEMENT funding c
limitation. The COUNTY should provide prior written notice to the DISTRICT's Project g
Manager of its decision to apply the unexpended balance toward a subsequent Task. Actual
eligible expenditures less than the estimated project cost will result in a reduced final =
payment per the AGREEMENT funding limitation. The COUNTY is responsible for any M
additional funds either through local revenues, grants, other appropriations, and/or other V
funding sources. a
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6. The COUNTY shall provide evidence that its minimum cost-share of 60% has been met i�a
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for each submitted invoice. Absence of proper supporting documentation may result in a
non-payment or audit and return of prior payments. In no event shall the DISTRICT be C)
liable for any contribution hereunder in excess of$800,000. c
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7. If the total consideration for this AGREEMENT is subject to multi-year funding a)
allocations,funding for each applicable fiscal year of this AGREEMENT will be subject a
to Governing Board budgetary appropriation. In the event the DISTRICT does not CD
approve funding for any subsequent fiscal year,this AGREEMENT shall terminate upon L
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 3
is not approved for this AGREEMENT. to
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8. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a c
detailed accounting of all expenditures incurred hereunder throughout the term of this c)
AGREEMENT. The COUNTY shall report and document the amount of funds expended o
per month during the quarterly reporting period and the AGREEMENT expenditures to z
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date within the maximum not-to-exceed AGREEMENT funding limitation. m
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9. The COUNTY's contribution shall be 60%of the total amount of the project in conformityth
with the laws and regulations governing the COUNTY. Q
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10. All work to be performed under this AGREEMENT is set forth in Exhibit"A",Statement E
of Work,which is attached hereto and made a part of this AGREEMENT. The COUNTY c
shall submit quarterly progress reports detailing the status of work to date for each task. Y
The work specified in Exhibit"A" shall be under the direction of the COUNTY but shall
Page 2 of 7,Agreement No.4600003476
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16.A.29.d,
be open to periodic review and inspection by either party.No work set forth in Exhibit"A"
shall be performed beyond September 29,2017 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
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11. 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. E
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 d
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).
12. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, ci
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",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. Notwithstanding the foregoing, ownership of all equipment and a
hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be
as
the property of the COUNTY upon completion of this AGREEMENT. The COUNTY
shall retain all ownership to tangible property. QO^
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13. 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 N
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 a
their employment during performance of under this AGREEMENT. In the event that the `o
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.
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14. 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 a)
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
15. 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
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16.A.29.d.'
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.
16. The parties to this AGREEMENT will not discriminate against any person on legally Q
protected bases in any activity under this in any activity under this AGREEMENT. c
17. 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 d
AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance,but will re
attempt to advise the COUNTY,upon request,as to any such laws of which it has present
knowledge.
18. 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. a
19. The COUNTY shall allow public access to all project documents and materials in accordance M
with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any v
exemptions to the requirements of Chapter 119 and related Statutes, the burden of a
establishing such exemption,by way of injunctive or other relief as provided by law, shall be
upon the COUNTY.
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20. 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: d
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A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial a
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 c
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 rn
such records shall be made readily available to the DISTRICT.
21. If the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall,in addition to the obligations set forth in paragraph 20 above,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.
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(74AIN.
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16.A.29.d'
22. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
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South Florida Water Management District Collier County
Attn: Joe Schmidt,Project Manager Attn: Shane Cox,Project Manager Q
Attn: Sharman Rose,Contract Specialist Collier County Government
3301 Gun Club Road Capital Project Planning,Impact Fees and Program
West Palm Beach,FL 33406 Management
Telephone No: (561)682-2167 2685 South Horseshoe Drive,Suite 103
Email: shrose@sfwmd.gov Naples,FL 34104 ca.
Telephone No: (239)252-5792 ce
Email: shanecox@colliergov.net
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23. COUNTY shall send its invoices and any attachments to APInvoiceAsfwmd.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 .a
AGREEMENT Number and Purchase Order (PO) Number as specified on the To
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 N
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; 3) provide all required
attachments with the invoice file(refer to Attachment 1 to Exhibit C),and 4) include the PO
number and Invoice number in the subject line of the email. 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 cr)
P.O.Box 24682
West Palm Beach,FL 33416-4682 -cs
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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.
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24. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless z°
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.
25. 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
instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any
signatory hereon shall be considered for all purposes as original.
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1 6.A.29.d
26. 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.
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27. 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. E
28. 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. c.3
29. Failures or waivers to insist on strict performance of any covenant,condition,or provision of E
this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or 0
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 a
not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver E
unless the writing states otherwise.
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30. 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 ers
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signatories,or their designees,shall be the disposition of such dispute. 0.
31. This AGREEMENT states the entire understanding and agreement between the parties and a
supersedes any and all written or oral representations,statements,negotiations,or agreements 8
previously existing between the parties with respect to the subject matter of this
AGREEMENT.
32. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the c
following order: g
(a) Terms and Conditions outlined in preceding paragraphs 1 —31
(b) Exhibit"A"Statement of Work
(c) Exhibit"B"Payment and Deliverable Schedule
(d) all other exhibits, attachments and documents specifically incorporated herein by E
reference
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IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Q
BY ITS GOVERNING BOARD c
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Lennart J.Lindahl,P.E. m
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Assistant Executive Director
By: ami
Dorothy A. Bradshaw,Director
> Administrative Services Division
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SFWMD ( f f "...) cotNSL.1 APPROVED a,
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Date: 91-SD l
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BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, d''1
FLORIDA U
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By: a)
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Jeffrey A.K, tzk , ounty Attorney �o
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Page 7 of 7,Agreement No.4600003476 C'
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EXHIBIT "A" c
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STATEMENT OF WORK
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Collier County Haldeman Creek Weir Replacement a
1.0 INTRODUCTION AND BACKGROUND
The South Florida Water Management District(DISTRICT)has allocated funding in Fiscal Year o.
2017 for flood protection,water quality improvement,natural system restoration,and alternative et
water supply projects which meet objectives of the Big Cypress Basin Strategic Plan.The existing E"
water control structure on Haldeman Creek has reached the end of its useful life.The Amil-gates
on this structure are poorly suited for variable and adverse tailwater conditions and have several
gaps between them. Seasonal high tides at this location result in backflows through the existing v
structure as well, which has limited operability and is not readily accessible for operations and
maintenance activities. Collier County (COUNTY) has determined that constructing a new
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straight-weir type water control structure approximately 350 feet upstream of the existing structure
and incorporating modem features will improve operability and functionality of the associated i
stormwater conveyance system,will prevent backflows that reduce storage within the system,will M
perform more effectively as a salinity barrier,and will maintain dry season headwater stages more
effectively. a
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The optimal headwater stage is 1.2 feet NAVD (2.5 feet NGVD). According to a former District y
station circa January 2001 through October 2014, the highest recorded tailwater stage is 3.3 feet p
NAVD.The new control structure will be automated so the gates can be raised to 4.0 feet NAVD, v
which should also account for a 50-year sea level rise of 0.5 feet. The COUNTY expects that c
upstream areas could see a reduction in the 100-year flood elevation of approximately 0.2 feet with
optimal gate operations. Peak flow through the new structure will be on par with the existing
control structure, 475 CFS compared to 460 CFS. A seepage cutoff wall set at elevation -6.0 �.
NAVD is also proposed with the new control structure.
2.0 OBJECTIVE
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General project objectives, which align with the Big Cypress Basin Strategic Plan, include
improving the local stormwater management system,replacing an inefficient control structure,and
constructing a new control structure that meets current design conditions while considering t,
potential impacts of sea level rise. The project specific objectives are to increase operability and c
functionality of the primary conveyance system for the Haldeman Creek watershed, prevent
backflows caused by seasonal high tides and sea level rise, as well as abate inland migration of v
saline groundwater and maintain headwater stages during the dry season. z°
3.0 SCOPE OF WORK
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The COUNTY shall construct a new straight weir type water control structure with automated a,
gates and related appurtenances approximately 350 feet upstream of the existing structure in `t
accordance with design plans,project specifications,and applicable permits.
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The COUNTY will be responsible for satisfactory completion of the scope of work and may retain
Agreement No.4600003476,Exhibit"A",Page 1 of 3
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16.A.29.4
consultants, contractors, and/or vendors to provide the professional and construction services
required. The COUNTY will also be responsible for project management, budget management,
quality control, and public outreach.
4.0 WORK BREAKDOWN STRUCTURE
The work breakdown structure is presented below.
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4.1 Task 1
Submit design plans, project specifications, bid amount documentation, and Notice to ProceedCD
(NTP)to the DISTRICT Project Manager.
4.2 Task 2 (13
Submit a quarterly status report in the form of the attached Exhibit"C"to the DISTRICT Project
Manager which provides a narrative of construction activities completed to date,a discussion of -0
project status,an explanation of conflicts or issues,if any,which may affect construction progress i
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 N
inspections or field tests, addendums or revisions to design plans or project specifications, and
relevant project correspondence. E
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4.3 Task 3 O^
Submit a quarterly status report(Exhibit"C") to the DISTRICT Project Manager which provides -0
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 CD
performance, and a description of other pertinent information attached to the quarterly status
reports such as project oversight/management documentation,results from applicable inspections 0
or field tests,addendums or revisions to design plans or project specifications,and relevant project
correspondence.
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Complete 80% of construction activities for the new water control structure per design plans,
project specifications,and applicable permits.
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Submit a Reimbursement Request to the DISTRICT Project Manager which includes supporting c
documentation such as consultant,contractor,and/or vendor invoices and proof of payment(s).
4.4 Task 4 0
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Complete 100% of construction activities for the new water control structure per design plans, d
project specifications,and applicable permits.
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Complete applicable equipment and component testing for the new water control structure and Q
provide a record of such activities to the DISTRICT Project Manager.
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Submit a Certification of Completion to the DISTRICT Project Manager.
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Agreement No.4600003476,Exhibit"A",Page 2 of 3
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Submit an Operations and Maintenance(O&M)Manual for the new water control structure to the
DISTRICT Project Manager which includes design criteria, optimal wet season and dry season E
elevations(actionable set points),as well as emergency storm procedures.
Submit a Reimbursement Request to the DISTRICT Project Manager which includes supporting
documentation such as consultant,contractor,and/or vendor invoices and proof of payment(s).
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Agreement No.4600003476,Exhibit"A",Page 3 of 3
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16.A.29.d
EXHIBIT"B"
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PAYMENT AND DELIVERABLES SCHEDULE E
COLLIER COUNTY HALDEMAN CREEK WEIR REPLACEMENT
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The schedule set forth below is from December 1,2016 through September 29,2017.
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All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project
Manager. Acceptability of all work will be based on the judgment of the DISTRICT Project
Manager that the work is technically complete and accurate.
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The COUNTY shall submit a Reimbursement Request Packages in accordance with the schedule
set forth below and payment shall be made following receipt and acceptance of the Reimbursement
Request Package by the DISTRICT Project Manager. Reimbursement Request Packages shall
adequately demonstrate completion of each Task in accordance with Exhibit"A"and shall include,
but not be limited to, a copy of the COUNTY's invoice and other documentation supporting
payment.
The DISTRICT's payment is a reimbursement of actual eligible expenditures and is therefore
subject to adequate documentation to support actual eligible expenditures within the not-to-exceed
AGREEMENT funding limitations specified below. In the event that actual eligible expenditures
are less than expected for a particular Task, the COUNTY may apply the unexpended balance Q
toward another Task consistent with the funding limitation percentage specified below. The c)
COUNTY should provide prior written notice to the DISTRICT Project Manager of its decision c
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to apply the unexpended balance toward another Task.Actual eligible expenditures less than the
estimated project cost will result in a reduced final payment per the funding limitation percentage
specified below. The COUNTY is responsible for any additional funds either through local Q
revenues,grants,other appropriations,and/or other funding sources.
The total DISTRICT contribution for all work completed herein shall not exceed the amount of 1
6.
$800,000 or 40%of eligible expenditures for the project,whichever is less.
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Agreement No.4600003476,Exhibit"B"Page 1 of 2
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DISTRICT Estimated w
COUNTY Not-To- E
Task Deliverable(s) Due Date Share Exceed Project
(60%) Share Cost a,
(40%) (100%) ctc
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Design Plans,Project d
1 Specifications,Bid Amount Dec 20 6r 30, N/A N/A N/A a
Documentation,and NTP w
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2 Exhibit"C" -Quarterly March 31,2017 N/A N/A N/A °'
Status Report
Exhibit "C" -Quarterly a,
Status Report U
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Complete 80%of
construction activities for
the new water control
3 structure per design plans, June 30,2017 $960,000 $640,000 $1,600,000 x
project specifications,and N
applicable permits.
Reimbursement Request 0.E
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construction activities for
the new water control -o
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structure per design plans, N
project specifications,and ocm
applicable permits. a
Documentation for September 29, d
4 $240,000 $160,000 $400,000 0
Applicable Equipment and 2017
Component Testing 8
Certification of Completion r
O&M Manual 3
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Total $1,200,000 $800,000 $2,000,000
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*Partial billing may be submitted by the COUNTY as long as adequate supporting documentation
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Agreement No.4600003476,Exhibit"B"Page 2 of 2
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EXHIBIT"C"
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QUARTERLY STATUS REPORT
DIECOLLIER COUNTY HALDEMAN CREEK WEIR REPLACEMENT a
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1.0 DATE OF THIS REPORT
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2.0 NAME AND TITLE OF PERSON COMPLETING THIS REPORT
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3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE
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4.0 DISCUSSION OF OVERALL PROJECT STATUS N
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5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT
CONSTRUCTION PROGRESS OR PROJECT PERFORMANC
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6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS
REPORT FOR FURTHER CLARIFICATION
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Agreement No.4600003476,Exhibit"C"Page 1 of 1
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