Agenda 10/22/2013 Item #16B2 Proposed Agenda Changes
Board of County Commissioners Meeting
October 22,2013
Add-On Item 14A5: Recommendation to authorize the Chairman to execute the attached
Resolution authorizing signature of Joint Participation Agreement No.AR734 with the
Florida Department of Transportation to accept a grant offer in the amount of$14,296 for
the Design and Construction of the South Taxiway at Everglades Airpark,and to authorize
associated budget amendments. (Staffs request)
Withdraw Item 16B2: Recommendation that the Collier
County Board of County Commissioners (BCC) acting in its
capacity as the Collier County Community Redevelopment
Agency (CRA) approve the attached amendment #01 to the
previously approved funding agreement between the CRA and
the South Florida Water Management District (SFWMD) which
extends the performance period outlined in Exhibit B1:
Payment and Deliverable Schedule. (Staffs request)
Continue Item 16F2 to the November 12, 2013 BCC Meeting: This item continued from
the October 8,2013 BCC Meeting. Recommendation to approve an amendment to the
Tourism Travel Expense Resolution 2006-40 related to County Purchasing Card limits
consistent with the County Purchasing Policy and make a finding that this item promotes
tourism. (Commissioner Nance's request)
Move Item 16K4 to Item 12A: Recommendation that the Board adjust its Public
Speaker practice by(1) Public Comment should be relocated back to the end of the Regular
Agenda; (2) Whenever practicable,agenda items that are expected to generate substantial
public comment shall be staggered over multiple meetings; and (3) Should there be large
groups or factions at the meeting,the chair may allow a representative of each group or
faction to address the Board on a proposition before the Board,rather than all members of
such group or faction,but shall give such representative a minimum of 15 minutes to
address the Board. (Commissioner Nance, Commissioner Coyle and Commissioner Fiala's
separate requests)
Note:
Item 14A3: The FAA Funding amount in the table should read: $6,754,362 NOT
$6,754,262. (Staffs request)
Item 16D13: A scrivener's error is noted as this is Amendment No.21; and the companion
item reference should read 16D44 12. (Staffs request)
10/22/2013 8:52 AM
10/22/2013 16.B.2.
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners (BCC) acting in its
capacity as the Collier County Community Redevelopment Agency (CRA) approve the attached
amendment #01 to the previously approved funding agreement between the CRA and the South
Florida Water Management District (SFWMD) which extends the performance period outlined in
Exhibit Bl: Payment and Deliverable Schedule.
OBJECTIVE: To authorize the CRA Chair to sign the attached amendment to an existing Local
Governmental Agreement between the SFWMD and the CRA extending the CRA's performance period
within said agreement.
CONSIDERATION: On June 9, 2009, BCC agenda item #16(B)(7), the BCC voted to accept the
Immokalee Storm Water Master Plan (ISWMP) as commissioned by the Big Cypress Basin of the South
Florida Water Management District. The ISWMP consists of six distinct geographic regions, or projects,
throughout the Immokalee Urban Designates Area that have historically witnessed frequent flooding
problems and high levels of contaminants in the stormwaters. These areas are identified as:
1. Downtown Immokalee
2. Immokalee Drive
3.Madison Creek Ditch Improvements
4. Fish Creek Re-Shaping
5. Slough Cross Drain Additions
6. Lake Trafford Ditch Culvert upgrades
On May 22, 2012, agenda item #16(D)(3), the BCC awarded the CRA, through its Housing, Human and
Veteran Services (HHVS) Department, a Disaster Recovery Enhancement Funds (DREF) grant in the
amount of$2,011,955.46 to design and construct the project known as Immokalee Drive.
On February 26, 2013, agenda item #14B2,the CRA approved entering into an Agreement with SFWMD
that would provide the CRA with $200,000 of funding assistance for Engineering Services related to the
Immokalee Drive project within the ISWMP. The specific engineering tasks and required dates of
completion are identified in the Agreement's Exhibit B: "Payment and Deliverable Schedule" which is
attached for reference.
The original deliverable schedule dictated a deadline of October, 2013 for the CRA to request the
$200,000 in reimbursement from SFWMD under the original agreement. Unfortunately, heavy flooding
throughout the project area has prolonged the completion of the surveying & design components
contained within the $200,000 schedule of tasks. Therefore, the subject amendment is extending that due
date from "Oct-2013" to "January 31, 2014". Per the amendment, "by August 31, 2014, the CRA will
submit to the Big Cypress Basin a request for reimbursement with applicable back-up documentation for
items identified in the above scope of work".
FISCAL IMPACT: The agreement under discussion provides up to $200,000 in funding for engineering
services related to the Immokalee Drive Drainage Improvement Project. Per the agreement,
reimbursement for services will be accomplished at the time all tasks are complete (estimated to be
January 2014). A project expenditure budget (number 33266-01) along with offsetting reimbursement
revenue in the amount of$200,000 was established by budget amendment in CRA Grant Fund (715)
when the original agreement was approved by the CRA on February 26, 2013, agenda item#14B2.
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10/22/2013 16.B.2.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: This Agreement furthers the programs and projects within the
budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of
County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth
Management Plan which reads as follows:
"The Immokalee Area Master Plan addresses conservation, future land use, population,
recreation, transportation, housing, and the local economy. Major purposes of the Master
Plan are coordination of land uses and transportation planning, redevelopment or renewal
of blighted areas, and the promotion of economic development."
Also, the Agreement is consistent with the goals and objectives of the Drainage Sub-element of the
Growth Management Plan for Collier County Stormwater Management.
Furthermore, the 2008 Annual Conference publication from the Florida Redevelopment Association
(FRA)provided the following guidance:
"One of the primary tenants of a Community Redevelopment Agency is to provide clean and
safe environments through the redevelopment of stormwater management systems. CRA's
should promote clean environments through stormwater system improvements including
watershed planning, land conservation, erosion and sediment control, stream restoration,
and pollution prevention. Stormwater management reduces the amount of pollutants in
runoff to reduce the threat to drinking water supplies, recreation and wildlife.
Redevelopment implements stormwater safety by improving site designs, preserving natural
drainage systems, enhancing water quality and preventing future flood damages. CRA's
should support clean water goals that allow residents to be proud of their communities."
RECOMMENDATION: That the CRA Chair signs the attached amendment to an existing Local
Governmental Agreement between the SFWMD and the CRA extending the CRA's performance period
within said agreement.
Prepared By:
Bradley Muckel,Interim Director
Collier County CRA—Immokalee
Attachments:
1) SFWMD Agreement
2) Amendment#01
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10/22/2013 16.B.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.2.
Item Summary: Recommendation that the Collier County Board of County Commissioners
(BCC) acting in its capacity as the Collier County Community Redevelopment Agency(CRA)
approve the attached amendment#01 to the previously approved funding agreement between
the CRA and the South Florida Water Management District (SFWMD)which extends the
performance period outlined in Exhibit B1: Payment and Deliverable Schedule.
Meeting Date: 10/22/2013
Prepared By
Name: MuckelBradley
Title: Project Manager,
10/9/2013 5:04:27 PM
Submitted by
Title:Project Manager,
Name: MuckelBradley
10/9/2013 5:04:29 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 10/10/2013 2:59:04 PM
Name: RobinsonErica
Date: 10/10/2013 3:53:57 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/11/2013 9:51:09 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/11/2013 12:16:18 PM
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10/22/2013 16.B.2.
Name: OchsLeo
Title: County Manager
Date: 10/14/2013 11:09:13 AM
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10/22/2013 16.B.2.
� `_ MANAGEMENT DISTRICT
a � SOUTH FLORIDA WATER MANAGE
eiv-
os.,, ,..00 Ground Delivery
Fedex: 4176562 15070107
March 6, 2013
Mr. Bradley Muckley
Collier County Community Redevelopment Agency
1320 North 15th Street
Immokalee, FL 34142
Dear Mr. Muckley:
Subject: Contract#4600002788
Immokalee Drive Drainage Improvements
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
(District). Should there be any questions, or if you require any additional information,
please contact me.
Sincerely,
Sharman Rose
Sr. Contract Specialist
Procurement Bureau
shrose @sfwmd.gov
(561) 682-2167
FAX: (561) 682-5624
/SR
Enclosure
c: Max Guerra - MSC 8322
3301 Gun Club Road,West Palm Beac' `""' ".86-8800 • FL WATS 1-800-432-2045
Mailing Address: P.O.Box 246F Packet Page-636-3416-4680 • www.sfwind.gov
10/22/2013 16.B.2.
ORIGINAL
INVOICE REFERENCE NO.9 5000 -as
�Pt`�N4CF
y
�yo SOUTH FLORIDA WATER MANAGEMENT DISTRICT
rlo • 1°`a� LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600002788
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA)
THIS AGREEMENT is entered into as of MAR 0 J 2013 by and between the South
Florida Water Management District (DISTRICT) and Collier County Community
Redevelopment Agency (AGENCY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS,the DISTRICT desires to provide financial assistance to the AGENCY to
conduct Stormwater Master Plan Implementation; and
WHEREAS, the AGENCY 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 15, 2012
meeting, approved entering into this AGREEMENT with the AGENCY.
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 AGENCY 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 Immokalee
Drive Drainage Improvement Project.
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10/22/2013 16.B.2.
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 year.
3. The total DISTRICT contribution shall not exceed the amount of Two Hundred
Thousand Dollars and No Cents ($200,000.00). 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 contribution is subject to adequate
documentation to support actual expenditures within the not-to-exceed AGREEMENT
funding limitation of $200,000.00. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. In the event the AGENCY is providing
a cost sharing contribution as provided for in paragraph 5 below, the AGENCY shall
provide evidence that its minimum cost share has been met for each invoice submitted.
The subject cost share documentation shall be included with each invoice. If the total
consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to
Governing Board budgetary appropriation. In the event the DISTRICT does not approve
funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the AGENCY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The AGENCY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The AGENCY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The AGENCY shall cost share in the total amount of the project in conformity with the
laws and regulations governing the AGENCY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The AGENCY 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
AGENCY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date of the
AGREEMENT unless authorized through execution of an amendment to cover
succeeding periods.
7. The AGENCY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
AGENCY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
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10/22/2013 16.B.2.
. i
The AGENCY 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 AGENCY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
8. Both the DISTRICT and the AGENCY 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 AGENCY under this AGREEMENT shall be deemed to be the property of the
AGENCY upon completion of this AGREEMENT. The AGENCY shall retain all
ownership to tangible property.
9. The AGENCY, 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 AGENCY and the officers, employees, servants and agents thereof. The AGENCY
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 AGENCY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the AGENCY subcontracts any part or all of the work hereunder to any third party, the
AGENCY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the AGENCY. Any contract
awarded by the AGENCY shall include a provision whereby the AGENCY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the AGENCY's subcontract.
10. The AGENCY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida or
its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the AGENCY,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
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AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race,color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
13. The AGENCY, 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 AGENCY, upon request, as to any such laws of which it has
present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the AGENCY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The AGENCY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the AGENCY
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 AGENCY.
16. The AGENCY shall maintain records and the DISTRICT shall have inspection and audit .
rights below. The AGENCY shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes:
A. Maintenance of Records: The AGENCY 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 AGENCY shall extend the period of
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maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds,the
AGENCY shall, in addition to the inspection and audit rights set forth in paragraph 16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act,as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the AGENCY as set forth in Exhibit "C". The AGENCY shall maintain all
financial/non-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA)or the Catalog of Federal Financial Assistance(CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial
Officer and rules of the Auditor General and the State Projects Compliance
Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
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 AGENCY's financial and non-
financial records to the extent necessary to monitor the AGENCY's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which may
include onsite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District Collier County Community
Redevelopment Agency -Immokalee
Attn:Max Guerra,Project Manager Attn:Bradley Muckley
Attn: Sharman Rose,Contract Specialist Principal Project Manager
3301 Gun Club Road 1320 North 15`11 Street
West Palm Beach,FL 33406 Immokalee,FL 34142
Telephone No.(561)682-2167 Telephone No.(239)867-4121 X204
Fax No. (561)682-5624
Email: shrose @sfwmd.gov
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19. Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts
Payable at the DISTRICT's address specified below. All invoices shall reference the
AGREEMENT and SAP Reference Numbers specified on page one of this
AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the
DISTRICT's Project Manager either at the address specified in paragraph 18 above or
via Facsimile(FAX)using the FAX number also specified above.
South Florida Water Management District
Attention: Accounts Payable
P.O. Box 24682
West Palm Beach,Florida 33416-4682
20. AGENCY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties,their respective assigns,and successors in interest.
21. This AGREEMENT may be 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.
22. 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.
23. 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.
24. 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.
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25. 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.
26. 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.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1—26
(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
iI
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d representatives WITNESS WHEREOF, the parties or their duly authorized p resentatives hereb y execute
this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
ilk
By: `// 'ar 0 a_ _ ,,r .„ ,f
Dorot y A .dshaw,Procurement Bureau Chief
SFWMD PROCUREMENT APPROVE
By: . .L
Date: S\c•51.1�
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
By: 1\))04144-, J;(4/12,H
Name of Authorized Individual DONNA FIALA
I
Title: CHAIRMAN
A A.T,TEST
t; r�
IWIOfIT E:BROCK,Clerk 1
4
t) AitOt`as to Chairman's
g nature only.
Approved as to form and legal sufficiency:
i
IV 1i
Tmy Attorney's Office
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EXHIBIT"A"
•
STATEMENT OF WORK
Immokalee Community Redevelopment Agency(CRA)
Immokalee Drive Drainage Improvements
Collier County
A.INTRODUCTION
In 2004 the Big Cypress Basin commissioned H.W. Lochner, Inc. to undertake the Immokalee
Stormwater Master Plan (ISWMP) Study. This effort came as a result of historical concerns over
stormwater contaminants and reoccurring flood conditions in the area. Lochner separated the
Immokalee Urban Designated Area into six geographical "project areas" in order to analyze the
existing water-flow characteristics and water contamination conditions within each of the areas.
These project areas were identified as:
1. Downtown Immokalee(near completion)
2. Immokalee Drive
3. Madison Creek Ditch
4. Fish Creek Re-Shaping
5. SIough Cross Drain Additions
6. Lake Trafford Ditch Culvert upgrades
The County's estimated cost of the project is 2.4M. District has budgeted $200,000 in dedicated
Big Cypress Basin (BCB) funds in FY13 to assist the Immokalee CRA with the continued
implementation of the Immokalee Stormwater Master Plan(ISWMP).
B. OBJECTIVE
The objective of this project is to design, construct and perform construction engineering
inspection (CEI) services for the drainage improvement project known as Immokalee Drive, as
identified in the overarching ISWMP.
C. SCOPE OF WORK
•
The Downtown Immokalee project is currently nearing completion. The next of the six projects
to be constructed will be "Immokalee Drive". The project will include survey, secure permits,
locate properties and establish ROW, prepare constructions plans, bidding and RFI, and CEI
services during construction.
D. WORK BREAKDOWN STRUCTURE
The funding covered under this agreement will be used to perform the following tasks for the
Immokalee Drive project:
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• 10/22/2013 16.B.2.
Task I: Complete site survey depicting existing utilities, driveways, property lines, etc.
The consultant will locate property and section corners to establish and verify the
ROW or existing easement lines (Horizontal control will be based on NAD 83
State Plan Florida East Zone and vertical control in NAVD 88).
Task 2: Prepare 30%design documents.
Task 3: Prepare an engineer's opinion of probable cost(30%) and provide project
schedule.
Task 4: Consult with the Big Cypress Basin Board of the SFWMD and provide grant
compliance.
Task 5: Attend 60% and 90% design progress meetings with client to review complete
plans and incorporate comments provided by all reviewers.
Task 6: Prepare complete construction documents incorporating all utility information
provided by the utility owners, and identify and resolve conflicts with stormwater
facilities.
Task 7: Professional engineering services necessary to prepare, submit, and secure all
applicable permit applications related to the proposed drainage improvements.
Task 8: Provide revised/updated cost estimates at 60%,90%and 100% design phases.
. 4
Task 9: Update and prioritize the remaining improvements identified in the underlying
ISWMP using the following parameters as a ranking matrix:
a. Priority needs identified by the Immokalee Community Redevelopment Agency
Advisory Board
b. Improvement in Level of Drainage Service
c. Improvement in Environmental Quality
d. Incentive for Redevelopment Activities
e. Budget/Cost
f. Land Acquisition Need and Feasibility
g. Permitting Complexity
h. Adequacy of existing and proposed stormwater outfalls
i. Time to Project Completion
j. Benefit to residential land uses(units)
k. Benefit to commercial land uses (acres)
1. Benefit to agricultural land uses(acres)
m. Benefit to conservation/natural land uses(acres)
n. Project completion from a downstream to upstream (normal stormwater flow
direction)progression.
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Task 10: Assist with the bid exercise and answer requests for information (BFI's) as
needed
Task 11: Perform shop drawing reviews
Task 12: Perform CEI services during construction(as remaining funds allow)
E.APPLICABLE STANDARDS
• Florida Department of Transportation (FDOT) Booklet "Design Standards" Dated
January,2010
• Collier County Utility Department Specifications
• CoIlier County General Terms and Conditions
• Collier County Stormwater Management Department Supplemental Terms and
Conditions
• State of Florida Manual of Traffic Control and Safe practices for Street and highway
Construction,Maintenance,and Utility Operations
• Florida Land Development Manual; A Guide to Sound Land and Water Management
(Department of Environmental Regulation, 1988)
• All other standards to be identified in the General and Special Conditions Sections of the
SFWMD Surface Water Management Permit
F.LOCATION OF WORK
As depicted in the attached conceptual design, the Immokalee Drive project consists of drainage
improvements to:
• Immokalee Drive from SR 29 to South Carson Road,
• North 16th Street from 8th Avenue to Immokalee Drive,and
• Wells Street from Immokalee Drive to end.
G. PERFORMANCE PERIOD
The bid solicitation will be released by the Collier County Purchasing Department in mid to late
February, 2013.Following the normal sequence of events,a contract will most likely be issued to
a consultancy firm in order to accomplish tasks 1-8 identified in the scope of work above in
April, 2013. The performance period related to those tasks (design component) within the scope
will be from April, 2013 through October,2013.
The performance period for tasks 9-11 will occur between September,2013 and May,2014.
Page 3 of 3,Exhibit"A"to Agreement No.4600002788
Packet Page-647-
10/22/2013 16.B.2.
EXHIBIT"B"
PAYMENT AND DELIVERABLE SCHEDULE
A summary deliverable and payment schedule associated with this project is set forth below
including specific deliverables associated with each task and due dates for all deliverables. All
deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate. Payment shall be made following receipt and acceptance by
the District of project invoices in accordance with the schedule set forth below. All invoices
shall be accompanied by adequate documentation to demonstrate completion of each task in
accordance with this Statement of Work document.
Districts Not-
, °`Deliverables
`Task • • ' • Due Date to-Exceed• - . . inierit�.
1 Prepare site survey June-2013
2 Produce 30%design documents June-2013
3 30%Opinion of probable cost(OPC) and tentative June-2013
project schedule
4 Coordinate with Big Cypress Basin Board as needed Mar 2013-
Oct-2013
5 Attend 60%and 90%design meetings Ju12013-
Sept-2013
6 Produce 100%construction documents Oct-2013
7 Acquire Permits Nov-2013
8 Produce updated opinion of probable cost(OPC) and Oct-2013
schedule at 60%, 90%and 100%design
9 Update and prioritize remaining scope of the ISWMP Oct-2013
10 Procure Construction Firm,respond to RFI's and issue pct-2013 $200,000
notice to proceed(NTP)
11 Perform shop drawing reviews Dec-2013
12 Perform CEI Services(construction period) Magi 2014-
May-2014
Total-Not-Exceed Payment $200,000
Page 1 of 2,Exhibit`B"to Agreement No.4600002788
Packet Page-648-
10/22/2013 16.B.2.
The funding assistance provided by the BCB to the Immokalee CRA will be based on a cost
share situation with a one-to-one match requirement. A payment shall be issued to the
Immokalee CRA upon proof of project expenditure by the CRA in an amount not to exceed
$200,000.
By September 30,2013,the CRA will submit to the BCB a request for reimbursement with
applicable back-up documentation for items identified in the above Scope of Work.
Page 2 of 2,Exhibit`B"to Agreement No.4600002788
Packet Page-649-
10/22/2013 16.B.2.
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Packet Page -650- ill
10/22/2013 16.B.2.
tvs,Mq�1
•■ z SOUTH FLORIDA WATER MANAGEMENT DISTRICT
YYQo s�j
AMENDMENT
4600002788-A01
AMENDMENT NO. 01
TO AGREEMENT NO. 4600002788
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA)
This AMENDMENT NO. 01,is entered into on , to
that AGREEMENT dated March 5, 2013, between "the Parties," the South Florida Water
Management District (DISTRICT), and Collier County Community Redevelopment Agency
(AGENCY).
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period
of performance, revise the Statement of Work, and revise the Payment and Deliverable Schedule
of the AGREEMENT;
NOW THEREFORE, the DISTRICT and the AGENCY/COUNTY/CITY/ENTITY, in
consideration of the mutual benefits flowing from each to the other, do hereby agree as follows:
1. The term of the AGREEMENT is hereby extended by six (6) months and the expiration
date, as amended, is September 4, 2014. This AMENDMENT NO. 01 shall be effective upon
the date of execution by the Parties.
2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT.
3. The Statement of Work, attached as Exhibit "A" to the AGREEMENT, is hereby deleted
in its entirety and replaced by Exhibit "Al", attached hereto and made a part of this
AMENDMENT NO. 01.
Page 1 of 2,Amendment No.01 to Agreement No.4600002788
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10/22/2013 16.B.2.
110; SOUTH FLORIDA WATER MANAGEMENT DISTRICT
.. y' AMENDMENT
4. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit
"B 1", attached hereto and made a part of this AMENDMENT NO. 01.
5. All other terms and conditions of the AGREEMENT remain unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Dorothy A.Bradshaw,Procurement Bureau Chief
SFWMD PROCUREMENT APPROVED
BY:
DATE:
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
By:
Title:
Page 2 of 2,Amendment No.01 to Agreement No.4600002788
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10/22/2013 16.B.2.
EXHIBIT "A"
STATEMENT OF WORK
Immolcalee Community Redevelopment Agency (CRA)
Immolcalee Drive Drainage Improvements
Collier County
A. INTRODUCTION
In 2004 the Big Cypress Basin commissioned H.W. Lochner, Inc. to undertake the Immokalee
Stormwater Master Plan (ISWMP) Study. This effort came as a result of historical concerns over
stormwater contaminants and reoccurring flood conditions in the area. Lochner separated the
Immokalee Urban Designated Area into six geographical "project areas" in order to analyze the
existing water-flow characteristics and water contamination conditions within each of the areas.
These project areas were identified as:
1. Downtown Immolcalee (near completion)
2. Immokalee Drive
3. Madison Creek Ditch
4. Fish Creek Re-Shaping
5. Slough Cross Drain Additions
6. Lake Trafford Ditch Culvert upgrades
The County's estimated cost of the project is 2.4M. District has budgeted $200,000 in dedicated
Big Cypress Basin (BCB) funds in FY13 to assist the Immokalee CRA with the continued
implementation of the Immokalee Stormwater Master Plan(ISWMP).
B. OBJECTIVE
The objective of this project is to design, construct and perform construction engineering
inspection (CEI) services for the drainage improvement project known as Immokalee Drive, as
identified in the overarching ISWMP.
C. SCOPE OF WORK
The Downtown Immolcalee project is currently nearing completion. The next of the six projects
to be constructed will be "Immolcalee Drive". The project will include survey, secure permits,
locate properties and establish ROW, prepare constructions plans, bidding and RFI, and CEI
services during construction.
D.WORK BREAKDOWN STRUCTURE
The funding covered under this agreement will be used to perform the following tasks for the
Immokalee Drive project:
Packet Page-653-
10/22/2013 16.B.2.
Task 1: Complete site survey depicting existing utilities, driveways, property lines, etc.
The consultant will locate property and section corners to establish and verify the
ROW or existing easement lines (Horizontal control will be based on NAD 83
State Plan Florida East Zone and vertical control in NAVD 88).
Task 2: Prepare 30% design documents.
Task 3: Prepare an engineer's opinion of probable cost (30%) and provide project
schedule.
Task 4: Consult with the Big Cypress Basin Board of the SFWMD and provide grant
compliance.
Task 5: Attend 60% and 90% design progress meetings with client to review complete
plans and incorporate comments provided by all reviewers.
Task 6: Prepare complete construction documents incorporating all utility information
provided by the utility owners, and identify and resolve conflicts with stormwater
facilities.
Task 7: Professional engineering services necessary to prepare, submit, and secure all
applicable permit applications related to the proposed drainage improvements.
Task 8: Provide revised/updated cost estimates at 60%, 90% and 100% design phases.
Task 9: Update and prioritize the remaining improvements identified in the underlying
ISWMP using the following parameters as a ranking matrix:
a. Priority needs identified by the Immokalee Community Redevelopment Agency
Advisory Board
b. Improvement in Level of Drainage Service
c. Improvement in Environmental Quality
d. Incentive for Redevelopment Activities
e. Budget/Cost
f Land Acquisition Need and Feasibility
g. Permitting Complexity
h. Adequacy of existing and proposed stormwater outfalls
i. Time to Project Completion
j. Benefit to residential land uses (units)
k. Benefit to commercial land uses (acres)
1. Benefit to agricultural land uses (acres)
m. Benefit to conservation/natural land uses (acres)
n. Project completion from a downstream to upstream (normal stormwater flow
direction) progression.
Page 2 of 3,Exhibit"Al"to Agreement No.4600002788
Packet Page -654-
10/22/2013 16.B.2.
Task 10: Assist with the bid exercise and answer requests for information (BFI's) as
needed
Task 11: Perform shop drawing reviews
Task 12: Perform CEI services during construction(as remaining funds allow)
E. APPLICABLE STANDARDS
• Florida Department of Transportation (FDOT) Booklet "Design Standards" Dated
January,2010
• Collier County Utility Department Specifications
• Collier County General Terms and Conditions
• Collier County Stormwater Management Department Supplemental Terms and
Conditions
• State of Florida Manual of Traffic Control and Safe practices for Street and highway
Construction,Maintenance, and Utility Operations
• Florida Land Development Manual; A Guide to Sound Land and Water Management
(Department of Environmental Regulation, 1988)
• All other standards to be identified in the General and Special Conditions Sections of the
SFWMD Surface Water Management Permit
F. LOCATION OF WORK
depicted in the attached conceptual design, the Immokalee Drive project consists of drainage
improvements to:
• Immokalee Drive from SR 29 to South Carson Road,
• North 16th Street from 8th Avenue to Immokalee Drive, and
• Wells Street from Immokalee Drive to end.
G. PERFORMANCE PERIOD
The bid solicitation will be released by the Collier County Purchasing Department in mid to late
February, 2013. Following the normal sequence of events, a contract will most likely be issued to
a consultancy firm in order to accomplish tasks 1-8 identified in the scope of work above in
April, 2013. The performance period related to those tasks (design component) within the scope
will be from April,2013 through October,2013.
The performance period for tasks 9-11 will occur between October 2013 and August 2014.
Page 3 of 3,Exhibit"Al"to Agreement No.4600002788
Packet Page -655-
10/22/2013 16.B.2.
EXHIBIT"B1"
PAYMENT AND DELIVERABLE SCHEDULE
A summary deliverable and payment schedule associated with this project is set forth below
including specific deliverables associated with each task and due dates for all deliverables. All
deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate. Payment shall be made following receipt and acceptance by
the District of project invoices in accordance with the schedule set forth below. All invoices
shall be accompanied by adequate documentation to demonstrate completion of each task in
accordance with this Statement of Work document.
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7 r 4.: 5 1 y t rl_ �I 4 R$�s. 5F i ( !. r 5 r '`!lilt i !!r in'1.41 �1 A r 9 r�
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'tl Y ty ! '�1
1 Prepare site survey June-2013
2 Produce 30% design documents June-2013
3 30%Opinion of probable cost(OPC) and tentative
project schedule June-2013
4 Coordinate with Big Cypress Basin Board as needed Mar 2013-
Oct-2013
5 Attend 60% and 90% design meetings Jul 2013-
Sept-2013
6 Produce 100%construction documents Oct-2013
7 Acquire Permits Nov-2013
8 Produce updated opinion of probable cost(OPC) and Oct-2013
schedule at 60%, 90%and 100%design
9 Update and prioritize remaining scope of the ISWMP Oct-2013
Procure Construction Firm,respond to RFI's and issue January 31,
10 notice to proceed(NTP) 2014 $200,000
11 Perform shop drawing reviews Mar-2014
12 Perform CEI Services(construction period) Apr 2014—
Aug 2014
Total-Not-Exceed Payment $200,000
Page I of 2,Exhibit"B I"to Agreement No.4600002788
Packet Page -656-
10/22/2013 16.B.2.
The funding assistance provided by the BCB to the Immokalee CRA will be based on a cost
share situation with a one-to-one match requirement. A payment shall be issued to the
Immokalee CRA upon proof of project expenditure by the CRA in an amount not to exceed
$200,000.
By August 31, 2014,the CRA will submit to the BCB a request for reimbursement with
applicable back-up documentation for items identified in the above Scope of Work.
Page 2 of 2,Exhibit`B1"to Agreement No.4600002788
Packet Page-657-