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Backup Documents 11/15/2016 Item #16A29 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 9 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office 6 Aat 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 JAK ‘1 %-i\ 11/15/16 ! �` 4. BCC Office Board of County F Commissioners >c; kA ` � � l ‘., 5. Minutes and Records Clerk of Court's Office 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 Elly McKuen, apital Project Planning Phone Number 252-5890 Contact/Department Agenda Date Item was 11/15/16 Agenda Item Number 16-A-2 Approved by the BCC Type of Document SFWMD Agreement Number of Original One Attached Documents Attached PO number or account n/a number if document is 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 JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK See note provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. below 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK 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 JAK 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 JAK 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 JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK 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 11/15/16 and all changes made during JAK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the - 1 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. `N PLEASE CONTACT ELLY MCKUEN WHEN READY (252-5890) I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Coyof Collier 16 A 2 9 CLERK OF THE CIRC IT COURT COLLIER COUNTY�eOUR OUSE � 5 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-dkerk of dircuit Court P.O.BOX 413044 NAPLES,FL 34112-5324NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditoust Tian of County Funds November 21, 2016 Ms. Sharman Rose, Contract Specialist South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406 Re: Agreement No. 4600003476 between South Florida Water Management District and the Board of County Commissioners of Collier County Florida to recognize funding assistance for construction of the Haldeman Creek Weir Replacement Project #60103 Dear Ms. Rose, Attached for further processing is an original copy of the agreement referenced above, approved by the Collier County Board of County Commissioners on Tuesday, November 15, 2016. Thank you. DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com _. ..., _. _ _. ..‘ _tigi .. _ _ 1 fedex.com 1.800.GofedEx 1800 463 3339 t W Na n a gD �gm 19 EF 31 i< 1 n i o D 4 �g ill: - 2 ' n b � m ' �� GIS X m f m tl. ffi i 1 la is) a9k a1 g•_ �+ • . S 4 • Dm f: ". "' Im CT• 6 et I 0 et 1 • g ' - • ,P C • .. i rg "84 • v I °�, - m Ca -- tiet = ,� Er c — _ — -J N • U1 O ••• C Y rri • • 0 1 ... , , ,,,,. , ., 1 1 -UUJ I i Er trt5 u,�3;in2 'I I1 t . [ kä!!' vx:, J Y. m � �Cti I-$ ilaa El I fir= g a ��� a ii' m . g; ❑ g4;1 .., E s sr g 5@kg }y� g o tt1IIf , x +,* 1ggQa� w IPI I 3 Q �$ j$ am� � sew sap F LE 6 J C ro sir I it, is 2" El a j .8 � gift!w �� i� d S 8 . a 1111 I s 1 rit lg ~P j 7' -' r 741 SQNb93Sl Y{l0A HG3 Adit3 S1H1 N1GJ3a 1 V 16A29 PO NO.950000 44110 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Tilt" LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.4600003476 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA THIS AGREEMENT is entered into as of '- '!: -LL' ' by and between the South Florida Water Management District(DISTRICT)and 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 to replace the Haldeman Creek Weir;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 10,2016 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 the Haldeman Creek Weir Replacement Project. 2. The period of performance of this AGREEMENT shall commence on December 1, 2016 and shall terminate on November 30,2017. 0 1 6 A 2 9 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. 4. The COUNTY shall submit Reimbursement Request Packages as described in the Payment and Deliverables Schedule set forth in Exhibit"B"attached hereto and made a part hereof. Payments shall be made following receipt and acceptance of the Reimbursement Request Packages by the DISTRICT's 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. 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 expenditures are less than expected for a particular Task, the COUNTY may apply the unexpended balance towards another Task consistent with the AGREEMENT funding limitation. The COUNTY should provide prior written notice to the DISTRICT's Project 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 additional funds either through local revenues, grants, other appropriations, and/or other funding sources. 6. The COUNTY shall provide evidence that its minimum cost-share of 60% has been met for each submitted invoice. Absence of proper supporting documentation may result in non-payment or audit and return of prior payments. In no event shall the DISTRICT be liable for any contribution hereunder in excess of$800,000. 7. 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. 8. 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. 9. The COUNTY's contribution shall be 60%of the total amount of the project in conformity with the laws and regulations governing the COUNTY. 10. 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 Page 2 of 7,Agreement No.4600003476 1 6 A 2 9 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. 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. 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). 12. 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",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 hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 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 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. 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 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 Page 3 of 7,Agreement No.4600003476 1 6 A 2 9 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 protected bases in any activity under this in any activity under this AGREEMENT. 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 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. 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. 19. 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. 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: 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. 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. Page 4 of 7,Agreement No.4600003476 1 6 A 2 9 22. 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:Joe Schmidt,Project Manager Attn: Shane Cox,Project Manager 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 Telephone No: (239)252-5792 Email: shanecox@colliergov.net 23. 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; 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 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. 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 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. Page 5 of 7,Agreement No.4600003476 16A29 9 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. 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. 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. 29. 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. 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 signatories,or their designees, shall be the disposition of such dispute. 31. 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. 32. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (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 reference Page 6 of 7,Agreement No.4600003476 1 6 A 2 9 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: Lennart J. Lindahl,P.E. Assistant Executive Director By: Dorothy A. Bradshaw,Director Administrative Services Division SFWMD COUNSEL APPROVED By: al 111. .� i Print N: e: ( _ � ��� t Date: /O© \ SFWMD PROCUREMENT APPRO ED Date: Q I'3plip BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1242 By: , Name of Authorized Individual Title: c- 'ct eo,;\qI no.\tr t,-,„s,h Approv .` Iity A l 1 EST: . 4, DWIGHT E.BROCK,CLERK ' Jeffrey A.Kl*tzk' , `ounty Attorney a . � �` Attest as o Cha i signature only. . Page 7 of 7,Agreement No.460000347645I 1 6 A 2 9 EXHIBIT "A" STATEMENT OF WORK Collier County Haldeman Creek Weir Replacement 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District(DISTRICT) has allocated funding in Fiscal Year 2017 for flood protection, water quality improvement,natural system restoration, and alternative water supply projects which meet objectives of the Big Cypress Basin Strategic Plan.The existing 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 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 straight-weir type water control structure approximately 350 feet upstream of the existing structure and incorporating modern features will improve operability and functionality of the associated stormwater conveyance system,will prevent backflows that reduce storage within the system,will perform more effectively as a salinity barrier,and will maintain dry season headwater stages more effectively. The optimal headwater stage is 1.2 feet NAVD (2.5 feet NGVD). According to a former District station circa January 2001 through October 2014, the highest recorded tailwater stage is 3.3 feet NAVD. The new control structure will be automated so the gates can be raised to 4.0 feet NAVD, which should also account for a 50-year sea level rise of 0.5 feet. The COUNTY expects that 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 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 potential impacts of sea level rise. The project specific objectives are to increase operability and 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 saline groundwater and maintain headwater stages during the dry season. 3.0 SCOPE OF WORK The COUNTY shall construct a new straight weir type water control structure with automated gates and related appurtenances approximately 350 feet upstream of the existing structure in accordance with design plans,project specifications,and applicable permits. 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 1 6 A 2 9 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. 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP)to the DISTRICT Project Manager. 4.2 Task 2 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 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. 4.3 Task 3 Submit a quarterly status report(Exhibit"C") to the DISTRICT Project Manager which provides 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. Complete 80% of construction activities for the new water control structure per design plans, project specifications, and applicable permits. 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). 4.4 Task 4 Complete 100% of construction activities for the new water control structure per design plans, project specifications,and applicable permits. Complete applicable equipment and component testing for the new water control structure and provide a record of such activities to the DISTRICT Project Manager. Submit a Certification of Completion to the DISTRICT Project Manager. Agreement No.4600003476,Exhibit"A",Page 2 of 3 16A29 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 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). Agreement No.4600003476,Exhibit"A",Page 3 of 3 0 1 6 A 2 9 EXHIBIT"B" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY HALDEMAN CREEK WEIR REPLACEMENT The schedule set forth below is from December 1,2016 through September 29,2017. 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. 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 toward another Task consistent with the funding limitation percentage specified below. The COUNTY should provide prior written notice to the DISTRICT Project Manager of its decision 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 revenues,grants,other appropriations,and/or other funding sources. 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. Agreement No.4600003476,Exhibit"B"Page 1 of 2 1 6 A 2 9 DISTRICT Estimated Task COUNTY Not-To- Project Deliverable(s) Due Date Share Exceed Cost (60%) Share (100%) (40%) Design Plans,Project December 30, 1 Specifications,Bid Amount 2016 N/A N/A N/A Documentation, and NTP 2 Exhibit "C" - Quarterly March 31, 2017 N/A N/A N/A Status Report Exhibit "C" - Quarterly Status Report Complete 80%of construction activities for 3 the new water control June 30, 2017 $960,000 $640,000 $1,600,000 structure per design plans, project specifications,and applicable permits. Reimbursement Request Package Complete 100%of construction activities for the new water control structure per design plans, project specifications, and applicable permits. 4 Documentation for September 29, $240,000 $160,000 $400,000 Applicable Equipment and 2017 Component Testing Certification of Completion O&M Manual Reimbursement Request Package Total $1,200,000 $800,000 $2,000,000 *Partial billing may be submitted by the COUNTY as long as adequate supporting documentation provides evidence for the amount/percentage of work completed. Agreement No.4600003476,Exhibit"B"Page 2 of 2 0 16A29 EXHIBIT"C" QUARTERLY STATUS REPORT COLLIER COUNTY HALDEMAN CREEK WEIR REPLACEMENT 1.0 DATE OF THIS REPORT 2.0 NAME AND TITLE OF PERSON COMPLETING THIS REPORT 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE 4.0 DISCUSSION OF OVERALL PROJECT STATUS 5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION PROGRESS OR PROJECT PERFORMANC 6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT FOR FURTHER CLARIFICATION Agreement No.4600003476,Exhibit"C"Page 1 of 1 Teresa L. Cannon From: Suzanne M. Boothby Sent: Wednesday, April 26, 2017 9:58 AM To: Minutes and Records Subject: Backup Documents 11/15/2016 Item #16A29/SFWMD agrmt#4600003476 Attachments: AGRMT 2016 11-15 SFWMD FY17 46-3476.pdf Please find attached the executed agreement from SFWMD #4600003476 that was not in Laserfische. I believe it goes with Backup Documents 11/15/2016 Item #16A29. Thank you, Suzanne Boothby Accounting Supervisor—Grants County of Collier Clerk of the Circuit Court Finance Department 3299 Tamiami Trail East Suite 403 Naples, FL 34112-5746 Phone:239.252.7825 Fax:239.252.2074 Suzanne.Boothby@collierclerk.com Grants@collierclerk.com (Please use for Monitoring Reports,JE, Drawdown, GMS&Audit Requests) 1 I 6 A 2 9 ORIGINAL PO NO.950000 V1-2 o SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.4600003476 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA THIS AGREEMENT is entered into as of 1.\,Sk tk, by and between the South Florida Water Management District(DISTRICT)and 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 to replace the Haldeman Creek Weir;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 10,2016 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 the Haldeman Creek Weir Replacement Project. 2. The period of performance of this AGREEMENT shall commence on December 1, 2016 and shall terminate on November 30,2017. 0 I 6 A 2 9 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. 4. The COUNTY shall submit Reimbursement Request Packages as described in the Payment and Deliverables Schedule set forth in Exhibit"B"attached hereto and made a part hereof. Payments shall be made following receipt and acceptance of the Reimbursement Request Packages by the DISTRICT's 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. 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 expenditures are less than expected for a particular Task, the COUNTY may apply the unexpended balance towards another Task consistent with the AGREEMENT funding limitation. The COUNTY should provide prior written notice to the DISTRICT's Project 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 additional funds either through local revenues, grants, other appropriations, and/or other funding sources. 6. The COUNTY shall provide evidence that its minimum cost-share of 60% has been met for each submitted invoice. Absence of proper supporting documentation may result in non-payment or audit and return of prior payments. In no event shall the DISTRICT be liable for any contribution hereunder in excess of$800,000. • 7. 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. 8. 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. 9. The COUNTY's contribution shall be 60%of the total amount of the project in conformity with the laws and regulations governing the COUNTY. 10. 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 Page 2 of 7,Agreement No.4600003476 1 0 A 9 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. 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. 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). 12. 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",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 hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 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 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. 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 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 Page 3 of 7,Agreement No.4600003476 • 6 A , ,4 4 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 protected bases in any activity under this in any activity under this AGREEMENT. 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 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. 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. 19. 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. 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: 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. 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. Page 4 of 7,Agreement No.4600003476 yr u A n+sx 22. 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:Joe Schmidt,Project Manager Attn:Shane Cox,Project Manager 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 Telephone No: (239)252-5792 Email: shanecox®colliergov.net 23. 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; 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 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. 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 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. Page 5 of 7,Agreement No.4600003476 111 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. 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. 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. 29. 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. 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 signatories,or their designees, shall be the disposition of such dispute. 31. 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. 32. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (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 reference Page 6 of 7,Agreement No.4600003476 � ;)f Li 1 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 :Y ITS GOVE' ;WARD /I. <Lv By: 1 . // L / Lenn. J. ' •:hl,P.E. JAN 1 1 2011 Assistant •tive Director 1 � n.r By: LIAOISSAIW 41/41' (� Doro y A.Bradshaw,Director Q A Adm gstrative Services Division SFWMD • ;,�,�F COUNSEL APPROVED By: i Print Nir e: (F. ..._-411$1!1 ., L Date: 1 SFWMD PROCUREMENT APPRO ED )By: "40. -�--'' Date: c�h3p1L BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4240,40 By: Name of Authorized Individual Title:-1)o5,--ori.a F\c".,\co, ..1\i-No.k.r t-,,v,v„, ill Approv_��:_I, ,, • .-. ,lay ATTEST: te , _ DWIGHT E.BROCK CIA*. ' i#u . 0.c. Jeffrey A.K tzk. , ounty Attorney Attest�� nes ': : signature only. Page 7 of 7,Agreement No.4600003476161 bA ? 9 EXHIBIT"A" STATEMENT OF WORK Collier County Haldeman Creek Weir Replacement 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District(DISTRICT)has allocated funding in Fiscal Year 2017 for flood protection, water quality improvement, natural system restoration, and alternative water supply projects which meet objectives of the Big Cypress Basin Strategic Plan.The existing 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 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 straight-weir type water control structure approximately 350 feet upstream of the existing structure and incorporating modern features will improve operability and functionality of the associated stormwater conveyance system,will prevent backflows that reduce storage within the system,will perform more effectively as a salinity barrier,and will maintain dry season headwater stages more effectively. The optimal headwater stage is 1.2 feet NAVD (2.5 feet NGVD). According to a former District station circa January 2001 through October 2014, the highest recorded tailwater stage is 3.3 feet NAVD.The new control structure will be automated so the gates can be raised to 4.0 feet NAVD, which should also account for a 50-year sea level rise of 0.5 feet. The COUNTY expects that 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 OBJECTIVE 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 potential impacts of sea level rise. The project specific objectives are to increase operability and 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 saline groundwater and maintain headwater stages during the dry season. 3.0 SCOPE OF WORK The COUNTY shall construct a new straight weir type water control structure with automated gates and related appurtenances approximately 350 feet upstream of the existing structure in accordance with design plans,project specifications,and applicable permits. 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 0 6 A 2 9 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. 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP)to the DISTRICT Project Manager. 4.2 Task 2 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 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. 4.3 Task 3 Submit a quarterly status report(Exhibit"C") to the DISTRICT Project Manager which provides 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. Complete 80% of construction activities for the new water control structure per design plans, project specifications, and applicable permits. 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). 4.4 Task 4 Complete 100% of construction activities for the new water control structure per design plans, project specifications, and applicable permits. Complete applicable equipment and component testing for the new water control structure and provide a record of such activities to the DISTRICT Project Manager. Submit a Certification of Completion to the DISTRICT Project Manager. Agreement No.4600003476,Exhibit"A",Page 2 of 3 0 VI pi 9 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 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). Agreement No.4600003476,Exhibit"A",Page 3 of 3 0 �* # j EXHIBIT"B" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY HALDEMAN CREEK WEIR REPLACEMENT The schedule set forth below is from December 1,2016 through September 29,2017. 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. 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 toward another Task consistent with the funding limitation percentage specified below. The COUNTY should provide prior written notice to the DISTRICT Project Manager of its decision 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 revenues,grants,other appropriations,and/or other funding sources. 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. Agreement No.4600003476,Exhibit"B"Page 1 of 2 16A29 DISTRICT Estimated Task COUNTY Not-To- Project Deliverable(s) Due Date Share Exceed (60%) Share Cost (40%) (100%) Design Plans,Project 1 Specifications,Bid Amount December 30, N/A N/A N/A Documentation,and NTP 2016 2 Exhibit"C" -Quarterly March 31,2017 N/A N/A N/A Status Report Exhibit "C" - Quarterly Status Report Complete 80%of construction activities for 3 the new water control June 30,2017 $960,000 $640,000 $1,600,000 structure per design plans, project specifications,and applicable permits. Reimbursement Request Package Complete 100%of construction activities for the new water control structure per design plans, project specifications, and applicable permits. 4 Documentation for September 29, $240,000 $160,000 $400,000 Applicable Equipment and 2017 Component Testing Certification of Completion O&M Manual Reimbursement Request Package Total $1,200,000 - $800,000 $2,000,000 *Partial billing may be submitted by the COUNTY as long as adequate supporting documentation provides evidence for the amount/percentage of work completed. Agreement No.4600003476,Exhibit"B"Page 2 of 2 0 e% A,w EXHIBIT"C" QUARTERLY STATUS REPORT COLLIER COUNTY HALDEMAN CREEK WEIR REPLACEMENT 1.0 DATE OF THIS REPORT 2.0 NAME AND TITLE OF PERSON COMPLETING THIS REPORT 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE 4.0 DISCUSSION OF OVERALL PROJECT STATUS 5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION PROGRESS OR PROJECT PERFORMANC 6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT FOR FURTHER CLARIFICATION Agreement No.4600003476,Exhibit"C"Page 1 of 1