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Agenda 10/26/2010 Item #16C 1Agenda Item No. 16C1 October 26, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to accept a South Florida Water Management District Alternative Water Supply Grant in the amount of $500,000 for partial funding of the construction of the Irrigation Quality Water Pond Liner, Project 73950. OBJECTIVE: To receive approval to accept a grant from the South Florida Water Management District (SFWMD) to provide partial funding of the Irrigation Quality (IQ) Water Pond Liner, Project 73950, up to the amount of $500,000. The pond liner will increase IQ water storage to improve availability for distribution. CONSIDERATIONS: The Public Utilities Division has been awarded a grant from the SFWMD under Senate Bill 444 "Alternative Water Supply Grant Program." In its 2011 budget, rather than requiring a formal grant application, the Big Cypress Basin allocated $500,000 to Collier County for an alternative water supply project. The Big Cypress Basin selected the following project: Title: IQ Water Pond Liner — Project Number 73950. Grant amount of $500,000. Description: The IQ Water Pond Liner project will install an impermeable fused rubberized liner in Pond 4 at the North County Water Reclamation Facility ( NCWRF). The pond liner will allow the County to increase IQ water storage to improve availability for distribution to the customer and therefore reduce potable water usage. Staff is now in receipt of the Agreement for this project. The agreement is required to be executed and returned to SFWMD for signature and final processing. FISCAL IMPACT: Revenue of $500,000 will be realized upon completion of the work associated with the agreement. It is anticipated that this will occur during FY 11. The source of matching funds is Fund 414, Wastewater User Fees. The IQ Water Pond Liner budget of $1,000,000 is part of the NCWRF Expansion Project budget of $8,110,000 included in the FYI I budget approved by the BCC on September 23, 2010. Two budget amendments are required from Fund 414, Wastewater User Fees. They are from Project Number 73950, in the amount of $500,000 for Fund 416, Public Utilities Grants, and $500,000 to Fund 417, Public Utilities Matching. LEGAL CONSIDERATIONS: Although the Agreement has not yet been executed by the SFWMD, it has been approved for legal sufficiency because SFWMD requires County execution first. The Resolution has been approved for form and legal sufficiency. - JBW GROWTH MANAGEMENT IMPACT: This project is consistent with the 2008 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on June 24, 2008, under Item 10(G). This project can be found listed in Table 8 -2, line 90, of the 2008 Wastewater Master Plan Update. This grant will support the user fee project that is consistent with and will Agenda Item No. 16C1 October 26, 2010 Page 2 of 17 further the Goals, Objectives, and Policies of the Sanitary Sewer Sub - Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District: 1. Accept a South Florida Water Management District Alternative Water Supply Grant in the amount of $500,000 for partial funding of the construction of the IQ Water Pond Liner, Project 73950. 2. Approve and authorize the Chair to execute Agreement No. 4600002212 between the South Florida Water Management District and Collier County. 3. Approve and authorize the Chair to execute the Resolution. 4. Authorize the necessary budget amendments. PREPARED BY: Nathan Beals, Associate Project Manager, Public Utilities Planning and Project Management Department Agenda Item No. 16C1 October 26, 2010 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Recommendation to accept a South Florida Water Management District Alternative Water Supply Grant in the amount of $500,000 for partial funding of the construction of the Irrigation Quality Water Pond Liner, Project 73950. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Nathan Beals Project Manager, Associate Date Public Utilities Division Public Utilities Engineering 9/29/2010 1:06:37 PM Approved By Nathan Beals Project Manager, Associate Date Public Utilities Division Public Utilities Engineering 9129/2010 1:02 PM Approved By Peter Schalt, PMP Senior Project Manager Date Public Utilities Planning & Project Mgmt Public Utilities Planning & Project Mgmt 9/29/2010 2:04 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/29/2010 2:17 PM Approved By Tom Chmeiik Project Manager, Senior Date Public Utilities Division Public Utilities Engineering 9/29/2010 2:31 PM Approved By Margie Hapke Operations Analyst Date Public Utilities Division Public Utilities Division 9/30/2010 12:26 PM Approved By Aaron Cromer Project Manager, Principal Date Public Utilities Engineering 9/3012010 12:59 PM Approved By Jeff Klatzkow County Attorney Date 10/4/2010 10:28 AM Approved By Thomas Wides Director - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 1014/2010 12:37 PM Agenda Item No. 16C1 October 26, 2010 Page 4 of 17 Approved By Beth Johnssen IQ Water Manager Date Public Utilities WasteWater 10/6/2010 9:22 AM Approved By G. George Yilmaz Director - Wastewater Date Public Utilities Division Wastewater 101612010 9:52 AM Approved By Marlene J. Foord Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 1018/2010 4:53 PM Approved By James W. DeLony Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division 10111/2010 9:25 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2010 12:12 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/18/2010 11:05 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 10/1812010 1:42 PM Agenda Item No. 16C1 October 26, 2010 Page 5 of 17 ry. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Fedex Ground Delivery 417656215006977 September 9, 2010 Mr. Nathan Beals, Project Manager Collier County Public Utilities Planning & Project Management Division 3301 East Tamiami Trail, Bldg. H, 3rd FL Naples, FL 34112 Dear Mr. Beals: Subject: Contract # 4600002212 North County Water reclamation Facility Irrigation Quality Water Pond Liner Collier County Water -Sewer District Enclosed please find two (2) copies of the above referenced document stamped "Original'. Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverages(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding.. A fully executed original will be returned to you for your files upon execution by the South Florida Water Management District (District). Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, r Ruper# Giroux Contract Specialist Procurement Department rgiroux @sfwmd.gov (561) 682 -2532 FAX: (561) 681 -6275 RG /cdl Enclosure c: Max Guerra, MSC 2351 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WATS 1- 800 - 432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 - www.sfwmd.gov Agenda Item No. 16C1 October 26, 2010 Page 6 of 17 ORIGINAL SAP REFERENCE NO. SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002212 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT r• BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and the Board of County _ Commissioners of Collier County, Florida, as the Governing Board of Collier County and Ex- Officio the Governing Board of the Collier County Water Sewer District (COUNTY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial. assistance to the COUNTY to conduct Alternative Water Supply projects; 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 October 14, 2010 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: The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the COUNTY Agreement No. 4600002212 - Page 1 of 7 Agenda Item No. 16C1 October 26, 2010 Page 7 of 17 to line pond 4 of the North County Water Reclamation Facility with an impermeable fused rubberized liner. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of Five Hundred Thousand Dollars and No Cents ($500,000.00). 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 $500,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the COUNTY is providing a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting. period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of Five Hundred Thousand Dollars and No Cents ($500,000) in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMENT, unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. Agreement No. 4600002212 - Page 2 of 7 Agenda Item No. 16C1 October 26, 2010 Page 8 of 17 in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", 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. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either parry any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, Agreement No. 4600002212 - Page 3 of 7 Agenda Item No. 16C1 October 26, 2010 Page 9 of 17 denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: Agreement No. 4600002212 - Page 4 of 7 Agenda Item No. 16C1 October 26, 2010 Page 10 of 17 A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C ". The COUNTY shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit /accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and /or federal awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Max Guerra, Project Manager Attn: Rupert Giroux, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No. (561) 682 -2532 FAX No. (561) 681 -6275 Collier County Public Utilities Planning & Project Mgmt. Div. Attn: Nathan Beals, Project Manager 3301 East Tamiami Trail, Bldg. H, 3`d Floor Naples FL 34112 Telephone No. (239) 252 -2583 Fax No. 239 - 252 -5378 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 Agreement No. 4600002212 - Page 5 of 7 Agenda Item No. 16C1 October 26, 2010 Page 11 of 17 20. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 21. This AGREEMENT may be 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, county 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. 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 Agreement No. 4600002212 - Page 6 of 7 Agenda Item No. 16C1 October 26, 2010 Page 12 of 17 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROC W�FEME APPROVED By: Date: (a\ QA V� SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Jessica J. Flathmann, Director of Procurement BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LIM Name of Authorized Individual Approved as to form & legal Sufficiency Assistant County Attorney Agreement No. 4600002212 - Page 7 of 7 ATTEST. DWIGHT E. BROCK, Clerk By: Agenda Item No. 16C1 October 26, 2010 Page 13 of 17 EXHIBIT "A" STATEMENT OF WORK NORTH COUNTY WATER RECLAMATION FACILITY IRRIGATION QUALITY WATER POND LINER COLLIER COUNTY WATER -SEWER DISTRICT A. INTRODUCTION The North County Water Reclamation Facility (NCWRF) has a constructed capacity to treat 24.1 million gallons per day (MGD) of wastewater. The NCWRF converts approximately 95% of the wastewater flow to irrigation quality (IQ) water for distribution. IQ water is water other than potable water which meets all of the state and local regulatory requirements as mandated by the Florida Department of Environmental Protection (FDEP) permits and the Florida Administrative Code (FAC) 62 -610. At the NCWRF, ponds two and four are currently used to dispose of non - compliant IQ water by permeation into the soil. The County now wants to use the ponds for storage of compliant IQ water. The berms and access roads around the ponds will need to be enhanced and an interconnection system will be added to improve the flexibility of the storage ponds. The project is being done in phases. The first phase, currently under way, will line pond two with an impermeable fused rubberized liner. The second phase will line pond four with an impermeable fused rubberized liner. This phased project will allow the County to use ponds two and four for storage of compliant IQ water, improve availability for distribution, and reduce potable water usage. B. OBJECTIVES The objectives of this project are to increase storage capacity of compliant IQwater and improve availability for distribution. C. SCOPE OF WORK The work includes lining pond four with an impermeable fused rubberized liner. Agreement 4600002212, Page 1 of 3 Agenda Item No. 16C1 October 26, 2010 Page 14 of 17 D. WORK BREAKDOWN STRUCTURE The major tasks and task descriptions that will be necessary for the completion of the scope of work are as follows. TASK 1: INSTALL IMPERMEABLE FUSED RUBBERIZED LINER IN POND FOUR AT THE NCWRF. The NCWRF is located at 10500 Goodlette -Frank Road. Pond four is located in the south half of the property. Agreement 4600002222, Page 2 of 3 Agenda Item No. 16C1 October 26, 2010 Page 15 of 17 EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE 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. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with the Statement of Work requirements. 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. • 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 Task Deliverables Cost Due Date District Not -to- exceed Payment 1 Install Impermeable Fused Rubberized $1,000,000 08/30/2011 $500,000 Liner in Pond four at the NCWRF TOTAL $1,000,000 $500,000 Agreement 4600002212, Page 3 of 3 U M� W W d' 0 H Agenda Item No. 16C1 October 26, 2010 Page 16 of 17 w „ U c � q d Co N �C 'b A Co U w Ly ai U tzs u U n� w y H U cd W N � � o o w 0 aY �ww ap Fi Id y 0 u -� 4 b 0 0 0� a U ed cd b b W ti N � b M � H 00 N 'C7 av N N O � w�3 aw N N 0 0 0 0 a a� r: w 0 o�p cC a ° ;; • w o � aU aU v� ¢a L i ¢ F. r-1 N ho � C O w CD `" 0 w 6. o ,° rr� y a� ¢ A u o o 0 y H .y U z C ° N a A .fl Q U bi [ � o z o � � O y � •F+ ¢ ° H V 0 U U Az �z E a a, o U ° � d •u U GJ U 0 o ¢w c d � y •b L N .b 0 d w a. u L c O � •u d a 0 � 0yl w a°d iy .a aLi y O � �wa,z d' 0 H Agenda Item No. 16C1 October 26, 2010 Page 16 of 17 w „ U c � q d Co N �C 'b A Co U w Ly ai U tzs u U n� w y H U cd W N � � o o w 0 aY �ww ap Fi Id y 0 u -� 4 b 0 0 0� a U ed cd b b W ti N � b M � H 00 N 'C7 av N N O � w�3 aw N N 0 0 0 0 a a� r: w 0 o�p cC a O pr •� o � aU v� d L i o F. r-1 N QQQCy,,, � C O CD `" 0 w 6. u d ,° w y a� o u d 0 U y N a A .fl Q bi [ � o z o � � O y � w ¢ ° H 0 0 U U w �z E w o U ° � d RS U L w 0 c A w y �z 0 u .Oj y U o a. 0� c O � •u d a � a � w a°d iy Q w L W N y d U 0 aZ L rA y � O z d' 0 H Agenda Item No. 16C1 October 26, 2010 Page 16 of 17 w „ U c � q d Co N �C 'b A Co U w Ly ai U tzs u U n� w y H U cd W N � � o o w 0 aY �ww ap Fi Id y 0 u -� 4 b 0 0 0� a U ed cd b b W ti N � b M � H 00 N 'C7 av N N O � w�3 aw N N 0 0 0 0 a a� r: w 0 o�p cC a 0 O a aU d v� Q� i o r-1 N QQQCy,,, ° CD `" 0 w u d o d U y N a A .fl � z O y 0 U w �z w o U ° � RS U L w 0 a y c u .Oj y U o 0� O � d � w � Q H u L W N 0 aZ d' 0 H Agenda Item No. 16C1 October 26, 2010 Page 16 of 17 w „ U c � q d Co N �C 'b A Co U w Ly ai U tzs u U n� w y H U cd W N � � o o w 0 aY �ww ap Fi Id y 0 u -� 4 b 0 0 0� a U ed cd b b W ti N � b M � H 00 N 'C7 av N N O � w�3 aw N N 0 0 0 0 a a� r: w 0 o�p cC a Agenda Item No. 16C1 October 26, 2010 Page 17 of 17 RESOLUTION NO. 2011- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE, A SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY GRANT AGREEMENT UP TO A TOTAL AMOUNT OF $500,000 FOR PARTIAL FUNDING OF THE CONSTRUCTION OF THE IRRIGATION QUALITY WATER POND LINER, PROJECT 73950. WHEREAS, at the October 26, 2010, meeting of the Board of County Commissioners the Board ( "Board ") approved a South Florida Water Management District (the "District ") Alternative Water Supply Grant up to a total amount of $500,000 for partial funding of the construction of the Irrigation Quality Water Pond Liner, and authorized the Board, through its Chair, to enter into an agreement accepting the grant with the District; and WHEREAS, the District requires that the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the agreement and its authorization for the Chair to execute the agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: On October 26, 2010, the Board of County Commissioners approved by majority vote the aforementioned Agreement and authorized its Chairman to execute same. A certified copy of this Resolution will be forwarded by the Collier County Clerk to the District. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 26h day of October, 2010. ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval as to form and legal Sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN