Backup Documents 11/14/2017 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING RAI b A
I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
•
3. County Attorney Office County Attorney Office JAK 11/14/17
4. BCC Office Board of County
Commissioners 11- '1
5. Minutes and Records Clerk of Court's Office u I t u( r 3'
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 Amy Patterson,Capital Project Planning Phone Number 252-5721
Contact/Department
Agenda Date Item was 11/14/17 Agenda Item Number 16-A-13
Approved by the BCC
Type of Document Agreements 4600003760,4600003761, Number of Original One of each
Attached 4600003762 Documents Attached 3 'TO k J
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 S -etc'(W3 16r4 44K-
2. Does the document need to be sent to another agency for additional signatures? If yes,a.. JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached shee . do
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
MinuteTraq. 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 11/14/17 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the (1 /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the J 1, option for
Chairman's signature. aWP this line.
Ckk\rr\ � \\-ham-- •
[04-COA-01081/1344830/1]l:Forms/�ty Forms/BCC Forms/Original Documents Routing Still, WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
16A13
NeetVirginia
From: PattersonAmy
Sent: Wednesday, November 15, 2017 4:11 PM
To: NeetVirginia
Subject: FW: Agreements
Hi Dinny,
Please see below. Looks like we only need 1 copy of each. Let me know what you think.
Thanks for your help!
Amy
From: Rose, Sharman [mailto:shrose@sfwmd.gov]
Sent: Wednesday, November 15, 2017 3:56 PM
To: PattersonAmy
Cc: Taylor, Roxanne
Subject: RE: Agreements
Hi Amy: In response to your questions below,the agreement(s) need to be signed by an individual with signatory
authority on behalf of your organization with the signed agreement(s) returned to me via email, preferably in color. A
date will be stamped on the agreement(s)after all parties involved have signed. Please do not date the agreement(s)
prior to sending to me. Fully executed document(s)will be sent to you via email for your files.
.Slat Rat
Senior Contract Specialist
Procurement Bureau- MSC 6612
South Florida Water Management District
shrose(&,sfwmd.gov
Tel. No: (561) 682-2167
Fax No: (561) 682-5624
From:Taylor, Roxanne
Sent:Wednesday, November 15,2017 1:31 PM
To: Rose, Sharman<shrose@sfwmd.gov>
Subject: FW:Agreements
Importance: High
Hi Sharman,
Can you provide insight to the questions below?
Sincerely,
Roxanne
From: PattersonAmy[mailto:AmyPatterson@colliergov.net]
Sent:Wednesday, November 15, 2017 8:58 AM
1
To: Koehler, Lisa<lkoehler@sfwmd.gov>;Taylor, Roxanne<rltaylor@sfwmd.gov> 16 A 13
Cc: NeetVirginia <VirginiaNeet@colliergov.net>
Subject:Agreements
Importance: High
Hi Roxanne and Lisa,
The grant agreements were approved by the BCC yesterday and we have a couple of questions that we need
help with so that we can get them routed for signature:
1) Do you need original signatures?
2) How many copies do you need?
3) Do you want the Agreement dated by us or will your Board do that at execution?
Please let me know at your earliest convenience and we will get theses moving.
Thank you,
Amy
Amy Patterson
Director, Capital Project Planning, Impact Fees and Program Management
2685 South Horseshoe Drive, Unit 103
Naples, FL 34104
239-252-5721
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
2
1 6 x 1 3
MEMORANDUM
Date: November 27, 2017
To: Amy Patterson, Division Director
Capital Project Planning, Impact Fees and Program Management
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: SFWMD Agreement Nos. 4600003760, 4600003761 and
4600003762: Construction of the Lely Branch New Weir;
Golden Gate City Stormwater Improvements (NW Quadrant)
and West Goodlette-Frank Road Stormwater Improvements
Attached for further processing are original copies of the agreements referenced
above approved by the Collier County Board of County Commissioners (Item #16A13)
on Tuesday, November 14, 2017.
After the agreement(s) have been signed by the appropriate party, please return
copies of the fully executed agreements to the Minutes and Records Department that
serves as Clerk to the Board, for the Board's Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachments (3)
16A13
PO NO. 950000
eNp�EP
O
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
,,, ____j GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600003761
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District(DISTRICT)and Board of County Commissioners of Collier County
(COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for
Golden Gate City Northwest Quadrant Stormwater Improvements; 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 December 14, 2017 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 Golden Gate City Northwest
Quadrant Stormwater Improvements.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of seventeen(17)months.
1 6 A 1 3
3. The total DISTRICT contribution shall not exceed the amount of $238,860. The
DISTRICT shall make payment upon completion and acceptance of the deliverables as
described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is
attached hereto and made a part of this AGREEMENT. The DISTRICT's payment is a
reimbursement of actual expenditures and therefore is subject to adequate documentation
to support actual expenditures in accordance with Attachment 1 to Exhibit "B". Absence
of proper 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$238,860.
In the event the COUNTY is providing a cost sharing contribution as provided for in
paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has
been met for each invoice submitted. The subject cost share documentation shall be
included with each invoice.
4. 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.
5. 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.
6. The total DISTRICT contribution for all work completed herein shall not exceed the
amount of$238,860 or 50%of eligible expenditures for the project, whichever is less.
7. All work to be performed under this AGREEMENT is set forth in Exhibit"A", Statement
of Work,which is attached hereto and made a part of this AGREEMENT. The COUNTY
shall submit quarterly progress reports detailing the status of work to date for each task.
The work specified in Exhibit"A" shall be under the direction of the COUNTY but shall
be open to periodic review and inspection by either party.No work set forth in Exhibit"A"
shall be performed beyond May 31, 2019 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
8. 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).
Page 2 of 7,Agreement No.4600003761
4/27/17
1 6 A 1 3
9. 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.
10. 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 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.
11. 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.
12. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties.Nothing in this AGREEMENT shall be interpreted to establish
any relationship other than that of independent entities, between the DISTRICT, the
COUNTY, their employees, agents, subcontractors or assigns, during or after the term of
this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or
otherwise transfer their rights and obligations as set forth in this AGREEMENT without
the prior written consent of the other parties. Any attempted assignment in violation of
this provision shall be void.
13. The parties to this AGREEMENT will not discriminate against any person on legally
protected basis in any activity under this AGREEMENT.
14. 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.
Page 3 of 7,Agreement No.4600003761
4/27/17 0�
1 6 A 1 3
15. 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.
16. 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.
17. The COUNTY shall maintain records and the DISTRICT shall have the 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.
18. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 17
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all
financialnon-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFFA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the
Chief Financial Officer and rules of the Auditor General and the State Projects
Compliance Supplement
Page 4 of 7, Agreement No.4600003761
4/27/17 co
16A13
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or federal
financial assistance and to determine whether timely and appropriate corrective actions
have been taken with respect to audit findings and recommendations which may include
onsite visits and limited scope audits.
19. 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: Roxanne Taylor, Project Manager Attn:_Amy Patterson,Project Manager
Attn: Sharman Rose,Contract Specialist Capital Project Planning, Impact Fees and Program
3301 Gun Club Road Management
West Palm Beach, FL 33406 2685 South Horseshoe Drive, Suite 103
Telephone No.(561)682-2167 _ Naples, FL 34104
Email: shrose@sfwmd.gov Telephone No.(252)252-5721
Email: AmyPatterson@colliergov.net
20. COUNTY shall send its invoices and any attachments to :1PInvoice(a)sfwrnd.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, Florida Statutes. 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.
Page 5 of 7,Agreement No.4600003761
4/27/17 p_,3
1 6 A 1 3
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —28
Page 6 of 7, Agreement No.4600003761
4/27/17 '0'4)
16A13
(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
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:
Ernest Marks, Executive Director
By:
Dorothy A. Bradshaw, Director
Administrative Services Division
SFWMD PROCUREMENT APPROVED
By:
Date:
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,
FLORIDA
I
4
By: '1
r�:
PENNY TA ' F
Title: CHAIRMAN
! /
i
Approve aso!, orm and legality
Jeffrey A. Kla F•( ,County Attorney
I ATTEST:
DWIGHT E.W OCK Ci.ERK_,
e
Attest i ' ` ,,.� '
}
signature only ri
Page 7 of 7,Agreement No. 4600003761 ti
4/27/17
c3::4)
1 6 A 13.
EXHIBIT "A"
STATEMENT OF WORK
GOLDEN GATE CITY NORTHWEST QUADRANT STORMWATER IMPROVEMENTS
1.0 INTRODUCTION AND BACKGROUND
The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017-
2018 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 stormwater management system for Golden Gate City is more than 50 years old and needs
broad scale improvements. The current infrastructure contains corroded and collapsed pipes and
deteriorated components, contributing to increased sediment loading and neighborhood-level flooding.
Phase one of the multi-phase project will begin in the northwest quadrant of Golden Gate City.
The project will increase the level of service of flood protection, enhance sediment removal efficiencies
and improve water quality in the Golden Gate Main canal and Naples Bay. The stormwater improvements
include swale regrading and re-sodding, additional catch basin construction and pipe installation. The
improved swales and additional catch basins will improve water quality through the reduction of total
suspended solids (TSS).
2.0 OBJECTIVE
General project objectives, which align with the mission of the DISTRICT, include managing and
protecting water resources of the region by balancing and improving flood control, water quality, and
natural systems. The project specific objectives are to improve flood protection and water quality by
reconstructing and upgrading a stormwater management system and associated appurtenances within the
northwest quadrant of Golden Gate City.
3.0 SCOPE OF WORK
Collier County (RECIPIENT) shall install a new stormwater system comprised of a series of
approximately 60 catch basins/sediment traps, grated inlets and junction boxes, along with approximately
4,000 feet of concrete culvert pipe and approximately 6,200 linear feet of grassed roadside swales in
accordance with design plans, project specifications, and applicable permits.
The RECIPIENT will be responsible for satisfactory completion of the scope of work and may retain
consultants, contractors, and/or vendors to provide the professional and construction services required.
The RECIPIENT 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.
Agreement No.4600003761, Exhibit"A" Page 1 of 2 04)
1 6 A 1 3
4.1 Task 1
Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to
the DISTRICT Project Manager via email.
Initiate construction activities per design plans, project specifications, and applicable permits.
4.2 Task 2
Continue construction activities per design plans, project specifications, and applicable permits.
Submit quarterly status reports (Exhibit"C") to the DISTRICT Project Manager via email which provide
a narrative of construction activities completed to date; a discussion of project status; an explanation of
conflicts or issues, if any, which may affect construction progress or project performance; and a
description of other pertinent information attached to the quarterly status report 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
Complete construction activities (100%) per design plans,project specifications, and applicable permits.
Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a
discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which
may affect project performance; the calculated benefits of the project and a description of other pertinent
information attached to the quarterly status report such as before and after photos, project
oversight/management documentation, results from applicable inspections or field tests, addendums or
revisions to design plans or project specifications, and relevant project correspondence.
Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a
RECIPIENT invoice and supporting documentation such as consultant,contractor,and/or vendor invoices
and proof of payment(s).
Agreement No.4600003761, Exhibit"A" Page 2 of 2
1 6 A 1 3
EXHIBIT "B"
DELIVERABLES AND PAYMENT SCHEDULE
GOLDEN GATE CITY NORTHWEST QUADRANT STORMWATER IMPROVEMENTS
The schedule set forth below is from the date of execution to May 31, 2019.
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 RECIPIENT 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 RECIPIENT'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. Actual eligible expenditures less than the estimated project cost will
result in a reduced final payment per the funding limitation percentage specified below. The RECIPIENT
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$238,860
or 50%of eligible expenditures for the project, whichever is less.
Agreement No.4600003761 Exhibit"B" Page 1 of 2
16A13
DISTRICT Estimated
COUNTY Not-To-
Project
Task Deliverable(s) Due Date Share Exceed
(50%) Share Cost
(50%) (100%)
Design Plans, Project
1 Specifications, Bid Amount March 31, 2018 N/A N/A N/A
Documentation, and NTP
March 31, 2018 N/A N/A N/A
June 30, 2018 N/A N/A N/A
2 Exhibit "C" - Quarterly
Status Report September 30, N/A N/A N/A
2018
December 29, N/A N/A N/A
2018
Exhibit "C" - Quarterly
Status Report
Complete 100%of
construction activities per
3 design plans, project May 31, 2019 $1,761,140 $238,860 $2,000,000
specifications, and
applicable permits.
Reimbursement Request
Package
Total $1,761,140 $238,860 $2,000,000
Agreement No.4600003761 Exhibit"B" Page 2 of 2
1 6 A 13
EXHIBIT "C"
QUARTERLY STATUS REPORT
GOLDEN GATE CITY NORTHWEST QUADRANT STORMWATER IMPROVEMENTS
1.0 DATE OF REPORT
Click here to enter a date.
2.0 NAME AND TITLE OF PERSON COMPLETING REPORT
Click here to enter text.
3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE
LAST REPORT
Click here to enter text.
4.0 DISCUSSION OF OVERALL PROJECT STATUS
Click here to enter text.
5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION
PROGRESS OR PROJECT PERFORMANCE
(lick here to enter text.
6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED TO THIS
REPORT FOR FURTHER CLARIFICATION OF DETAILS CONTAINED IN
CONSTRUCTION ACTIVITIES NARRATIVE, OVERALL PROJECT STATUS
DISCUSSION, AND/OR CONFLICTS EXPLANATION
Click here to enter text.
Agreement No.4600003761,Exhibit"C" Page 1 of 1
16A13
PO NO. 950000
.?':1.":4",,,,\
'&,r07 4,;\
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ii
'�sem ,,/ GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600003760
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District(DISTRICT)and Board of County Commissioners of Collier County
(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
construct the Lely Branch 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 December 14, 2017 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 to construct the Lely Branch Weir.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of one (1) year.
3. The total DISTRICT contribution shall not exceed the amount of $200,000. The
DISTRICT shall make payment upon completion and acceptance of the deliverables as
1 6 A 1 3
described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is
attached hereto and made a part of this AGREEMENT. The DISTRICT's payment is a
reimbursement of actual expenditures and therefore is subject to adequate documentation
to support actual expenditures in accordance with Attachment 1 to Exhibit "B". Absence
of proper 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$200,000.
In the event the COUNTY is providing a cost sharing contribution as provided for in
paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has
been met for each invoice submitted. The subject cost share documentation shall be
included with each invoice.
4. 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.
5. 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.
6. The total DISTRICT contribution for all work completed herein shall not exceed the
amount of$200,000 or 40% of eligible expenditures for the project, whichever is less.
7. All work to be performed under this AGREEMENT is set forth in Exhibit"A", Statement
of Work,which is attached hereto and made a part of this AGREEMENT. The COUNTY
shall submit quarterly progress reports detailing the status of work to date for each task.
The work specified in Exhibit"A" shall be under the direction of the COUNTY but shall
be open to periodic review and inspection by either party.No work set forth in Exhibit"A"
shall be performed beyond September 30, 2018 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
8. 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).
9. 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
Page 2 of 7, Agreement No.4600003760
4/27/17 0�
1 6 A 1 3
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.
10. 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 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.
11. 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.
12. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish
any relationship other than that of independent entities, between the DISTRICT, the
COUNTY, their employees, agents, subcontractors or assigns, during or after the term of
this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or
otherwise transfer their rights and obligations as set forth in this AGREEMENT without
the prior written consent of the other parties. Any attempted assignment in violation of
this provision shall be void.
13. The parties to this AGREEMENT will not discriminate against any person on legally
protected basis in any activity under this AGREEMENT.
14. 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.
15. 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
Page 3 of 7,Agreement No.4600003760
4/27/17 Oma"
1 6 A 1 3
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.
16. 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.
17. The COUNTY shall maintain records and the DISTRICT shall have the 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.
18. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 17
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all
financial/non-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance(CSFA) or the Catalog of Federal Financial Assistance (CFFA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the
Chief Financial Officer and rules of the Auditor General and the State Projects
Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
Page 4 of 7,Agreement No.4600003760
4/27/17
(A))
1 6 A 13
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or federal
financial assistance and to determine whether timely and appropriate corrective actions
have been taken with respect to audit findings and recommendations which may include
onsite visits and limited scope audits.
19. 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: Roxanne Taylor, Project Manager Attn:_Ananta Nath, Project Manager
Attn: Sharman Rose,Contract Specialist Collier County Government Stormwater Planning
3301 Gun Club Road 2685 South Horseshoe Drive,Suite 103
West Palm Beach, FL 33406 Naples,FL 34104
Telephone No.(561)682-2167 Telephone No.(239)252-6048
Email: shrose(a),sfwmd.gov Email: AnantaNath@colliergov.net
20. COUNTY shall send its invoices and any attachments to API nvoice44sfwrnd.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, Florida Statutes. 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.
21. 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.
Page 5 of 7,Agreement No.4600003760
4/27/17 �a7
1 6 A 13
This AGREEMENT shall inure to the benefit of and shall be binding upon the parties,their
respective assigns,and successors in interest.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —28
(b) Exhibit"A" Statement of Work
(c) Exhibit"B" Payment and Deliverable Schedule
Page 6 of 7,Agreement No.4600003760
4/27/17 a�
0
1 6 A 13
(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
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:
Ernest Marks, Executive Director
By:
Dorothy A. Bradshaw, Director
Administrative Services Division
SFWMD PROCUREMENT APPROVED
By:
Date:
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,
FLORIDA
ale
By_—
PENNY Ti v•R f
Title: CHAIRMAN
Approve. es. +tfo tr and legality
i
tem_
Jeffrey A. Kla 7o ,County Attorney
ATTEST:
DWIGHT EIIR9C4 CLERK
. 9 t
Attestas Cha nnafl
signature.ortly
Page 7 of 7, Agreement No.4600003760
4/27/17 0�
16A13
EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY LELY BRANCH WEIR
1.0 INTRODUCTION AND BACKGROUND
The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017-
2018 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 Lely Branch Canal is a component of the Lely Area Stormwater Improvement Project (LASIP) and
provides drainage for the developed areas between Davis Boulevard and Rattlesnake Hammock Road.
The conveyance capacity of the Lely Branch Canal has resulted in dry season water levels that are lower
than desired. Collier County (COUNTY) has determined that constructing a new straight-weir type water
control structure at the north end of the Rattlesnake Hammock Road culvert crossing will achieve water
management safeguards against the lowering of seasonal surface and groundwater levels. Specifically,
the weir is intended to improve upstream water levels by providing regulated release of floodwaters during
the wet season, enhance surface water levels in lakes and shallow aquifers to provide protection from
saltwater intrusion and reduce over-drainage from wetlands and native habitats.
The water control structure will be fitted with an approximate 30-foot long gated weir with one dual leaf
gate and two single-leaf gates at a control elevation of 4.0 feet NGVD(National Geodetic Vertical Datum)
with related appurtenances to provide seasonal storage, treatment and regulated release of stormwater
runoff from the west central LASIP basin to the Lely Main Canal. The dual leaf gates can be raised from
the bottom or the top leaf can be lowered to create a weir crest at a lower elevation. The top of the gates
will normally be closed and will be operated by the seasonal permitted criteria.
2.0 OBJECTIVE
General project objectives, which align with the Big Cypress Basin Strategic Plan, include improving the
local stormwater management system by constructing a new control structure that meets current design
conditions while considering potential impacts of sea level rise. The project specific objectives are to
provide regulated release of floodwater during the wet season, enhance surface waters and elevate
groundwater levels in the shallow aquifers to provide protection from saltwater intrusion and reduce over-
drainage from wetlands and native habitats.
3.0 SCOPE OF WORK
The COUNTY shall construct a new approximate 30-foot long straight weir type water control structure
with one dual leaf gate and two single-leaf gates at a control elevation of 4.0 feet NGVD and related
appurtenances 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
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.
EXHIBIT"A"Page 1 of 2
16A13
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 quarterly status reports (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
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.
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 final report to the DISTRICT Project Manager which provides a narrative of the project; a
discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which
may affect project performance; the calculated benefits of the project and a description of other pertinent
information attached to the quarterly status report such as before and after photos, project
oversight/management documentation, results from applicable inspections or field tests, addendums or
revisions to design plans or project specifications, and relevant project correspondence.
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).
EXHIBIT"A"Page 2 of 2
16A13
EXHIBIT "B"
PAYMENT AND DELIVERABLES SCHEDULE
COLLIER COUNTY LELY BRANCH WEIR
The schedule set forth below is from the date of execution to September 30, 2018.
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 Package 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 Package shall adequately
demonstrate completion of each Task in accordance with Exhibit"A"and shall include,but not be limited
to, a copy of the 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 towards 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$200,000
or 40% of eligible expenditures for the project,whichever is less.
EXHIBIT"B" Page 1 of 2
0
1 6 A 1 3
DISTRICT Estimated
COUNTY Not-To-
Task Deliverable(s) Due Date Share Exceed Project
(60%) Share Cost
(100'%)
%)
Design Plans, Project
1 Specifications, Bid Amount December 31, 2017 N/A N/A N/A
Documentation, and NTP
December 31, 2017 N/A N/A N/A
2 Exhibit "C" - Quarterly March 31, 2018 N/A N/A N/A
Status Report
June 30, 2018 N/A N/A N/A
Complete 100%of
construction activities for
the new water control
structure per design plans,
project specifications, and
applicable permits.
Documentation for
3 Applicable Equipment and September 30, 2018 $297,000 $200,000 $497,000
Component Testing
Certification of Completion
O&M Manual
Final Report
Reimbursement Request
Package
Total $297,000 $200,000 $497,000
EXHIBIT"B"Page 2 of 2
0
1 6 A13
EXHIBIT "C"
QUARTERLY STATUS REPORT
COLLIER COUNTY LELY BRANCH WEIR
1.0 DATE OF THIS REPORT
2.0 NAME AND TITLE OF PERSON COMPLETING THIS REPORT
3.0 NARRATIVE OF CONSTURCTION 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 PERFORMANCE
6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED TO THIS
REPORT FOR FURTHER CLARIFICATION
EXHIBIT"C"Page 1 of I r-1
3
1
6 A 1 3
PO NO. 950000
111\-. P•E M4,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
A. GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600003762
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District(DISTRICT)and Board of County Commissioners of Collier County
(COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for
West Goodlette-Frank Road area joint Stormwater and Septic Tank Replacement; 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 December 14, 2017 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 West Goodlette-Frank Road
area joint Stormwater and Septic Tank Replacement.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of nineteen(19) months.
1 6 A 1 3
3. The total DISTRICT contribution shall not exceed the amount of $800,000. The
DISTRICT shall make payment upon completion and acceptance of the deliverables as
described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is
attached hereto and made a part of this AGREEMENT. The DISTRICT's payment is a
reimbursement of actual expenditures and therefore is subject to adequate documentation
to support actual expenditures in accordance with Attachment 1 to Exhibit "B". Absence
of proper 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.
In the event the COUNTY is providing a cost sharing contribution as provided for in
paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has
been met for each invoice submitted. The subject cost share documentation shall be
included with each invoice.
4. 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.
5. 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.
6. 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.
7. All work to be performed under this AGREEMENT is set forth in Exhibit"A", Statement
of Work,which is attached hereto and made a part of this AGREEMENT. The COUNTY
shall submit quarterly progress reports detailing the status of work to date for each task.
The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall
be open to periodic review and inspection by either party.No work set forth in Exhibit"A"
shall be performed beyond July 31, 2019 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
8. 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).
Page 2 of 7,Agreement No.4600003762
4/27/17
16A13
9. 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.
10. 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 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.
11. 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.
12. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties.Nothing in this AGREEMENT shall be interpreted to establish
any relationship other than that of independent entities, between the DISTRICT, the
COUNTY, their employees, agents, subcontractors or assigns, during or after the term of
this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or
otherwise transfer their rights and obligations as set forth in this AGREEMENT without
the prior written consent of the other parties. Any attempted assignment in violation of
this provision shall be void.
13. The parties to this AGREEMENT will not discriminate against any person on legally
protected basis in any activity under this AGREEMENT.
14. 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.
Page 3 of 7, Agreement No. 4600003762
4/27/17
1 6 A 1 3
15. 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.
16. 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.
17. The COUNTY shall maintain records and the DISTRICT shall have the 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.
18. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 17
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all
financial/non-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFFA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the
Chief Financial Officer and rules of the Auditor General and the State Projects
Compliance Supplement
Page 4 of 7, Agreement No.4600003762
4/27/17
1 6 A 1 3
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or federal
financial assistance and to determine whether timely and appropriate corrective actions
have been taken with respect to audit findings and recommendations which may include
onsite visits and limited scope audits.
19. 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: Roxanne Taylor, Project Manager Attn:_Amy Patterson,Project Manager
Attn: Sharman Rose,Contract Specialist Collier County Capital Project Planning,Impact
3301 Gun Club Road Fees and Program Management
West Palm Beach, FL 33406 2685 South Horseshoe Drive,Suite 103
Telephone No.(561)682-2167 Naples, FL 34104
Email: shrose@sfwmd.gov Telephone No. (239)252-5721
Email: AmyPattersongacolliergov.net
20. COUNTY shall send its invoices and any attachments to API nvoicert 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, Florida Statutes. 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.
0
Page 5 of 7,Agreement No.4600003762
4/27/17
1 6 A 1 3
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —28 O
Page 6 of 7, Agreement No.4600003762
4/27/17
16A13
(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
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: —Ernest Marks, Executive Director
By:
Dorothy A. Bradshaw, Director
Administrative Services Division
SFWMD PROCUREMENT APPROVED
By:
Date:
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,
FLORIDA
By: _'..2./eA/1
PENNY TA`rR
Title:
CHAIRMAN
i r
/ ? 1 _ _--,
Approv fs tform and legality
Jeffrey A. I( atzlf w,County Attorney M I EST. ,';` 13 • toy,
i DWIGHT E.I CK,, l,ERK�,,
. . i-4..
Attest a$tg Chairnnafl'e , ' r
h.
signature oPlY.;j, ti + ,,.
Ods
Page 7 of 7, Agreement No.4600003762
4/27/17
1 6 A 1 3
EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK
REPLACEMENT
1.0 INTRODUCTION AND BACKGROUND
The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017-
2018 to local governments for construction and implementation of stormwater management, alternative
water supply, and water conservation projects which meet objectives of the Big Cypress Basin Strategic
Plan.
This is a joint project with Collier County and the City of Naples for stormwater improvements and
conversion of residential properties from septic to a sanitary sewer system. The project is located within
unincorporated Collier County and within the City of Naples Sewer Service Area. It includes residential
properties on individual septic tanks that experience seasonal flooding.The project area is located between
Goodlette-Frank Road and US 41, north of Creech Road and south of Cypress Woods Drive. Collier
County (RECIPIENT) has identified streets within this area that need stormwater improvements in
conjunction with the City's replacement of the septic tanks with a sanitary sewer system improving the
overall water quality of stormwater prior to discharge into the Gordon River with eventual outfall to
Naples Bay, an Impaired Water Body.
Collier County has determined that a treatment train BMP (Best Management Practice) approach will
improve flooding and stormwater quality. This approach includes roadside swales overlaying a storm
sewer system within Areas 4 and 5 of the City of Naples' Unsewered Master Plan and identified on the
attached map (Exhibit 1). These stormwater improvements will provide improved flood protection for
properties within Areas 4 & 5 and provide a treatment train combination of stormwater facilities that can
include but not be limited to grassed swales, underground piping and storage, filters and inlet devices to
improve the receiving waters in the Gordon River.
This agreement is for Collier County's stormwater improvement component of the project. The City of
Naples' component of septic-to-sewer conversion is addressed under a separate agreement.
2.0 OBJECTIVE
General project objectives, which align with the mission of the DISTRICT, include managing and
protecting water resources of the region by balancing and improving flood control, water quality, and
natural systems. The project specific objective is to improve flood protection and water quality by
installing a stormwater management system within Areas 4 and 5 of the project identified above,including
swales overlaying a storm sewer system with associated appurtenances.
3.0 SCOPE OF WORK
The RECIPIENT shall install a stormwater management system serving approximately 99 acres along
[17-1MP-00204/1376104/1]AgreementNo.4600003762,Exhibit"A", Page 1 of 4
•
1 6 A 1 3
streets within Areas 4 and 5 identified in the City's 2006 Unsewered Master Plan in accordance with
design plans, project specifications, and applicable permits. The stormwater management system will
consist of, but not be limited to a combination of grassed swales, stormwater pipes, catch basins, inlets
and other associated appurtenances. The DISTRICT shall reimburse the RECIPIENT $800,000 or 40%
of eligible expenses, whichever is less, based on the final plans. The plans shall clearly indicate existing
and proposed stormwater appurtenances. An amendment to the Agreement may be necessary depending
on the final plans. Eligible expenses consist of new components of the stormwater management system
that improve flood protection and water quality for the area. Ineligible costs include, but are not limited
to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc.
The RECIPIENT will be responsible for satisfactory completion of the scope of work and may retain
consultants, contractors, and/or vendors to provide the professional and construction services required.
The RECIPIENT 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 via email.
Initiate construction activities per design plans, project specifications, and applicable permits.
4.2 Task 2
Continue construction activities per design plans, project specifications, and applicable permits.
Submit quarterly status reports (Exhibit"C") to the DISTRICT Project Manager via email which provide
a narrative of construction activities completed to date; a discussion of project status; an explanation of
conflicts or issues, if any, which may affect construction progress or project performance; and a
description of other pertinent information attached to the quarterly status report 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
Complete thirty percent (30%) of the construction activities per design plans, project specifications, and
applicable permits.
Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a
RECIPIENT invoice and supporting documentation such as consultant,contractor,and/or vendor invoices
and proof of payment(s).
[17-IMP-00204/1376104/1]Agreement No.4600003762, Exhibit"A", Page 2 of 4
16A13
4.4 Task 4
Complete construction activities (100%)per design plans, project specifications, and applicable permits.
Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a
discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which
may affect project performance; the calculated benefits of the project and a description of other pertinent
information attached to the quarterly status report such as before and after photos, project
oversight/management documentation, results from applicable inspections or field tests, addendums or
revisions to design plans or project specifications, and relevant project correspondence.
Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a
RECIPIENT invoice and supporting documentation such as consultant,contractor,and/or vendor invoices
and proof of payment(s).
[17-IMP-00204/1376104/1]Agreement No.4600003762,Exhibit"A", Page 3 of 4 Car))
1 6 A 1 3
__________ ___
, ,..
I West Goodlette-Frank Road Area Joint
, Cottle,- County
Stormwater and Sewer Improvements Project , t,;,, , , ,
it, ,, ..i, 2. *".41,°,. 've., ,,A, op vi.cw it;....:7-4 1„,,:34 i r;tdw,i 14 iiii3L6.:1.4 EL........! .s.......hi ..,..a,..jlit ? '''' /
11''.11 f °St itiiii. 4 4--ipive- "a a * 100140111,,f-10,- if ,,s, -N\1
, ,, . i . 4* S *'.
1108*()de 1 * *ir,,- !'4 #it'141i"?4,111 414 2r1mt-011.1:"—rA r , ! :
Alls A
oi
kb
A*, ,...... ,
tr
" , . i . r , ,,7i:iyb i ,w- . a, V,
iiii,v‘ i _ , . ormiti..„ so t,i,R,ose, ,,,i;loys ic17.1 ,, .4_, :,... .: s, ....%4 ,ZQ i: 11
Exhibit 1: General Location of Stormwater Improvements
[|7-|MP'00204/\376|04/|'Agreement No.4hO0003762, Exhibit'`A~. Page 4n[4
16A13
EXHIBIT "B"
DELIVERABLES AND PAYMENT SCHEDULE
COLLIER COUNTY
WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK
REPLACEMENT
The schedule set forth below is from the date of execution to July 31, 2019.
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 RECIPIENT 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 RECIPIENT'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. Actual eligible expenditures less than the estimated project cost will
result in a reduced final payment per the funding limitation percentage specified below. The RECIPIENT
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.
[17-IMP-00204/1376104/1]Agreement No.4600003762, Exhibit"B" Page 1 of 2
CS;( 1
1 6 A 1 3
DISTRICT Estimated
COUNTY Not-To-
Project
Task Deliverable(s) Due Date Share Exceed Cost
(60%) Share (100%)
(40%)
Design Plans, Project
1 Specifications, Bid Amount April 30, 2018 N/A N/A N/A
Documentation, and NTP
July 31, 2018 N/A N/A N/A
2 Exhibit "C" - Quarterly October 31, 2018 N/A N/A N/A
Status Report January 31, 2019 N/A N/A N/A
April 30, 2019 N/A N/A N/A
Complete 30%of
construction activities per
design plans, project
3 specifications, and September 30, $360,000 $240,000 $600,000
applicable permits. 2018
Reimbursement Request
Package
Final Report
Complete 100%of
construction activities per
4 design plans, project July 31, 2019 $840,000 $560,000 $1,400,000
specifications, and
applicable permits.
Reimbursement Request
Package
Total $1,200,000 $800,000 $2,000,000
[17-IMP-00204/1376104/1]Agreement No.4600003762,Exhibit"B" Page 2 oft
0
1 6 A 1 3
EXHIBIT "C"
COLLIER COUNTY
QUARTERLY STATUS REPORT
WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK
REPLACEMENT
1.0 DATE OF REPORT
Click here to enter a date.
2.0 NAME AND TITLE OF PERSON COMPLETING REPORT
('lick here to enter text.
3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE
LAST REPORT
Click here to enter text.
4.0 DISCUSSION OF OVERALL PROJECT STATUS
Click here to enter text.
5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION
PROGRESS OR PROJECT PERFORMANCE
('lick here to enter text.
6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT
FOR FURTHER CLARIFICATION OF DETAILS CONTAINED IN CONSTRUCTION
ACTIVITIES NARRATIVE, OVERALL PROJECT STATUS DISCUSSION, AND/OR
CONFLICTS EXPLANATION
Click here to enter text.
[17-IMP-00204/1376104/1)Agreement No.4600003762, Exhibit"C"Page 1 of 1
S