The URL can be used to link to this page

Agenda 12/14/2010 Item #16A16 Agenda Item No. 16A16 December 14, 2010 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve Funding Agreement No. 4600002213 with the South Florida Water Management District in the amount of $775,000.00 providing funding assistance with two (2) Stormwater projects and to approve an agreement with the Collier Soil and Water Conservation District necessary to facilitate funding assistance with the second project and approve the necessary budget amendments"-~ ___.._ ,____ ______. _ __ CONSIDERATIONS: On August 27, 20] 0, the Board of the Big Cypress Basin (BCB) of the South Florida Water Management District (SFWMD) approved entering into a cooperative agreement (Attachment I - Agreement #4600(02213) with Collier County providing matching funds in the amount of $700,000.00 for the next segment of LASIP (Project No. 51101) - the Northwest Royal Wood culvert and Whitaker Road improvements, and $75,000.00 tor completion of phase 2 of the Northern Go]den Gate Estates Flowway Restoration Plan (Project No. 33] 34). That agreement, along with an agreement necessary to facilitate funding assistance tix the Northern Golden Gate Estates Flowway Plan with the Collier Soil and Water Conservation District (Attachment 2), are now being brought to this Board for approval. The LASIP Northwest Royal Wood culvert and Whitaker Road improvements are construction ready, Bids have been received. A construction contract award and project commencement is anticipated within the first quarter of 2011. The purpose of the LASIP project is to provide a comprehensive stormwater outfall system ti)r the area of East Naples, which has experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about] 1,135 acres and consists of two sub-basins known as tbe Lely Canal Basin system and the Lely Manor Basin system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Le]y Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. The purpose of the Northern Golden Gate Estates Flowway Restoration Plan is to develop an assessment of the hydrology and vegetation characteristics of a 34 square-mile area of the Northern Golden Gate Estates and nOlihern Belle Mead area. Long tenn plan goals are to restore strategic areas of drained wetlands within certain areas of the study area allowing for storage, treatment and conveyance of stormwater runoff: The project will provide wetland delineation and assessment and develop a hydro]ogiclhydraulic model to assess the feasibility of t10wway connections of Northern Go]den Gate Estates to North Belle Meade. Conveyance across the existing 1-75 drainage features to the South Belle Meade area will be evaluated and alternative tlowway concepts will be developed and recommended. Preliminary work on this plan, referred to as the Horsepen Strand Conservation Area Phase] Study, was sponsored by the Collier Soil and Water Conservation District (CSWCD) and was completed in July 2008, At that time a second phase of the study was anticipated but rto funding was available. Funding is now avai]able tor the project. Matching grants are being provided by the Florida Department of Envirorunental Protection and the South Florida Water Management District. Work on the plan, now known as phase 2 of the Northern Golden Gate Estates Flowway Restoration Plan project, is ready to begin. Agenda Item No. 16A 16 December 14, 2010 Page 2 of 23 The CSWCD will again coordinate execution of the effort. CSWCD is a partner and stakeholder with Collier County in development of the Watershed Management Plans. Completion of phase 2 of the study will be jointly managed by staff from Collier County, the Big Cypress Basin of the South Florida Water Management District, and CSWCD. Projcct management team tasks include development of the phase 2 scope of work, schedulc of completion, consultant work progress oversight, deliverable review and evaluation for acceptance. Upon evaluation and acceptance of the project deliverables, funds received by Collier County from the SFWMD will be remitted to the CSWCD per the attached agreement (Attachment 2) f(lr payment to the consultant. Advancement of the Northern Golden Gate Estates Flowway Restoration Plan is part of the Watershed Management Plans and a significant step forward in development of the County Long Rangc Surface Water Management Plan. FISCAL IMPACT: Budget amendments arc needed to recognize $700,000 in revenue to provide a matching contribution of $700,000 from the LASIP project (Project no. 51 JOI). Budget amendments are needed in the amount of$75,000 to recognize revenue received for Phase 2 of the Northern Golden Gate Estates Flowway Restoration plan (Project no. 33] 34). Matching funds are available in the Stontlwater Capital Fund. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action.---SRT. GROWTH MANAGEMENT IMPACT: The LASIP construction of the Northwest Royal Wood culvert and Whitaker Road improvements and the Northern Golden Gate Estates Flowway Restoration Planning effort are both in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: Approve: (I) The attached South Florida Water Management District (SFWMD) Funding Agreement No. 4600002213 in the amount of $775,000.00, (2) the attached agreement with the Collier Soil and Water Conservation District necessary to facilitate the Golden Gate Estates Flowway project; (3) the budget amcndments recognizing revenue for the two projects; and (4) direct the Board Chainnan to execute both agreements. Prepared By: Margaret A. Bishop, Sr. Project Manager, Growth Management Division, Transportation Engineering Department Attachments: (I) Agreement #460000] 684 (2) Agrcement with CSWCD (3) Budget Amendments Agenda /tem No, 16A16 December 14, 2010 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16AI6 RecommendoCllion to approve f:unding Agl-eemen! No 4600002213 with the South Florida Water Management District in the amount of $775,000 providing funding assistance with two (2) Stmmwater pmjf~cts ~llld to approve an agreement with the Collier Soil and Water Conservatioll Di2.trict necessary to facilitate funding assistance with the second of the two projects and iluthorize the necessary budget amendments. Meeting Date: 12/14/2010 fiO[J()() AM Approved By Margaret A. Bishop Project Matl<:luer, Senior Date Transportation Division TransportaticlIl Hoad Milintenance 11/19/20104:53 PM Approved By Gary Putaansuu Project Manager, Principal Date Transportation Division Transportation Engineering & Construction Management 11/22/20107:15 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation llivision Transport;:tlion l\rJlllini~trC'ljion 11122/201011:08 AM Approved By Gerald Kurtz Project Manager, Principal Date Transportation Division Transportation Road Maintenance 1'1/22120104:51 PM Approved By Lisa Taylor ManagEHllent/Budget Arlalyst Date Transportation Division Transportation Administration 11/23/20108:58 AM Approved By Nick Casalangulda Director - Transportation Planning Date Transpoltation Division Transportatiol1 Planlling 11/23/201010:24 AM Al'proved By Scott R. Teach Deputy County Attorney Date County Attorney County Atlorney 11/23/201012:17 PM Al,proved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 11/23/20103:19 PM Approved By Marlene J. Foard Grant Development & M9mt Coordinator Date Administrative Services Division Agenda Item No. 16A16 December 14, 2010 Page 4 of 23 Administrative Services Division 11/23/2010 5:30 PM Approved By Najeh Ahmad Transportation Division Director ~ Transportation Engineering Date Transportation Engineering & Construction Management 11/24/20106:52 PM Approved By Natali Belancur Transportation Division Administrative Assistant Date Transportation Road M<:lintenance 11/29/201011:09 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 11/29/20103:18 PM Approved By ~Ieff Klatzkow County Attorney Date Approved By 12/11201010:26 AM Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 12/3/20101:51 PM Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 12/3/2010 4:49 PM 0_-, /""': ..-'-~\ /. _\,:,-. _ ":l ~ ., ",',", ',.I<,~','~,', II I, - ',' ",. 9r ,. OR\G\~1AL Agenda Item No. 16A16 December 14, 2010 Page 5 of 23 SAP REFERENCE NO. SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002213 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND 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 Goveming Board of Collier County and Ex- OffIcio the Goveming Board of the Collier County Water Sewer District (COUNTY). WHEREAS. the I>ISTRICT is a public corporation of the State of Florida. created by the Florida Legislature and givcn 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 for the Northwest Royal Wood Culvert and Whitaker Road Improvements; and the Northern Golden Gate Estates Flow-way Restoration Master Plan; and WHEREAS. the COllNTY wan-ants 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 Goveming Board of the DISTRICT, at its October 14.2010 meeting, approved entering into this AGI{EEMENT with the COUNTY; NOW, THERE.FORE, in consideration of the covcnants 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 Agreement No, 4600002213 . Page I of7 Agenda Item No. 16A16 December 14, 2010 '1 b'I' fed d . d . h' . h" ~ Piille.6 of 23 aVaJ a I Ity 0 ,un s an In accor ance WIt their respective aut ontles lor the COUNTY to (I) construct drainage improvements in Northwest Royal Wood and W11itaker Road; and (2) develop a Master Plan to reconnect the historic flow-way in the North BeHe Meade Restoration Area. 2. The period of performance of this AGREEMENT shaH commence on the date of execution of this AGREEMENT and shall continue for a period on~ (I) year. 3. The total DISTRICT contribution shall not exceed the amount of Seven Hundred Seventy Five Thousand Dollars and No Cents ($775,000.00). 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 $775,000.00. 111 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 wiH 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 Seven Hundred Seventy Five Thousand Dollars and No Cents ($775,000) 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" shaH be perfOlmed 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 (subcontraets) for services awarded through a competitive process required by Florida Statutes. The Agreement No. 4600002213. Page 2 of7 Agenda Item No. 16A16 December 14,2010 Page 7 of 23 COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without thc prior written consent of the DISTRICT's Project Manager, The COUNTY agrees to be rcsponsible 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). 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", Statemcnt 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 perfonnance 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 requirc 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 (I) 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. I J. 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. Agreement No. 4600002213 - Page 3 of 7 Agenda Item No. 16A16 December 14, 2010 . . Pag(j 8 of 23 12. The partIes to tlus 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 AGREEl\mNT. 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) calcndar days prior written notice to the other party. ln the event of termination, all funds not expended by the COUNTY for authorized work perfonned 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 asscrt any exemptions to the requirements of Chapter l 19 and related Statutes, the burden of establishing such exemption, by way of ir\junctive 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 Recorgs: 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 oLB.ecords; The DISTIUCT 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 perfonnancc under this AGREEMENT, the COUNTY shall cxtend the period of maintenance fDr all rccords relating to thc 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 thc inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such rccords in compliance with the requircmcnts of the Florida State Single Audit Act and the Fcderal Single Audit Act, as follows: Agreement No. 4600002213 . Page 4 of7 Agenda Item No. 16A16 December 14, 2010 Page 9 of 23 A. Ma!n!enan~oLRe~o[ds: The DISTRICT shall provide the necessary infonnation to the COUNTY as set forth in Exhibit "('''. The COUNTY shall maintain all financiaJ/non-Jinancial recllfds through: (I) Identification of the state or federal awarding agency, as applicable (2) Project identification infol111ation included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements je)r state projects as stated in the Single Audit Act and applicable rules of the Executive OtTice of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements jor federal projects as imposed by federal laws and regulations (5) Submission ofthc applicable single audit repOlt to the DISTRICT, as completed per fiscal year B. ExarW!l<ition oLRecords: The DISTRICT llf designated agent, the state awarding agency, the state's Chief financial Offlcer 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 fhe extent nccessary to monitor the COUNTY's use of state or federal financial assistance and to deternline whether timely and appropriate corrective actions have been taken with respcct 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 Ciiroux, Contract Specialist Collier County Growth Mgmt. Div. Attn: Margaret A. Bishop, Project Mgr. (Project I) Ph No, (139) 252-5857; Fax No. (239) 252.6050 3301 Gun Club RoaJ West Palm Beach, FI. 33406 Telephone No. (561) 682-2532 FAX No. (561) 681.6275 Attn: Jerry Kurtz, Project Mgr. (Project 2) Ph No, (239) 252.5860; Fax No. (239) 252-6201 2885 Horseshoe Drive South Naples, ]-'1. 34 t 04 19. Invoices, clearly marked "ORIGINAL", shaIl bc sent to the attention of Accounts Payable at the DISTRlCT's address specified below. AIl invoices shaIl reference the AGREEMENT and SAP Reference Numbers specified on page one of this AGREEMENT. In addition, a copy of the invoice shaIl be sent to the attention of the DISTRICT's Project Manager either at the address specified in paragraph 18 above or via Facsimile (l'AX) using the FAX number also speciJied above. South Florida Water Management ~istrict Attention: Accounts Payablc P.O. Box 24682 West Palm Beach, Florida 33416-4682 Agleelllcnt No. 4600002213. Page 5 or7 20. 21. 22 23. 24 Agenda Item No. 16A16 December 14, 2010 Page 10 of 23 COUNTY recognizes that any representations, statcments or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have bcen reduced to writing and signcd by an authOlized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsiole for initiating any amendmcnts to this AGREEMENT, if required. 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 rcspectivc authority, nor docs this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. Should any tenn or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, county or circumstance during the teml hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other tel111 or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent pemlitted by law. Failures or waivers to insist on strict perfornlance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or rcmedies, nor shall it relieve the other pwiy fi-om perfonning any subsequent obligations strictly in accordance with the tcnns of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against who111 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 rcsolved shall be submitted jointly to the signatories of this AGREEMENT with each paliy 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 p31iies. Ajoint 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 I - 26 (b) Exhibit "A" Statement ofWark (c) Exhibit "B" Payment wld Deliverable Schedule (d) All other exhibits, attachments and docwnents specifically incorporated herein by reference Agreement No, 46001102213 . Page 6 of? Agenda Item No. 16A16 December 14, 2010 IN WITNESS WHEREOF, the p3J1ies or theu- duly authorized representatives hereby exeE'Jl~ettlil of 23 AGREEMENT on the date first written above, SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Jessica 1. Flathmann, Director of Procurement SFWMD PR(}( -\ .1<1\11'\) APPROVED By: Date: -~:\_l,",,-_:jl_ \ i I (. JJr, '- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATl'BST DWIGHT E. BROOK, OLIR.K By: FRED W. COYLE, CHAIRllAN BY: Approved as to form & legal sufficiency "....------).-.7.--) / (~ I /" / ~. nty Attorney Agreement No, 46000022 J 3 - Page 7 of? Agenda Item No. 16A16 December 14, 2010 Page 12 of 23 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY STORMW A TER IMPROVEMENT PROJECTS FYII A. INTRODUCTION The District's Big Cypress Basin Board budget has earmarked funding for FYII for implementation of watershed restoration projects that benefit the Naples Bay Initiative. The goals of the Initiative are to: . Construct stonnwater treatment structures/facilities that improve polluted runoff . Improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries . Restore sea grasses, oyster reefs, and mangroves in the Naples Bay. This agreement includes two projects: Project I is a construction project of the Lely Area Stormwatcr Improvements Project known as LASIP that is part of the Naples Bay Initiative with projects addressing important water restoration and management issues in Collier County and Project 2 is the development of a Drainage Master Plan for the Northern Golden Gate Estates area. The LASIP will provide a comprehensive stormwater outfall system for the East Naples area, which has experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and two sub-basins known as Lely Canal Basin and Lely Manor Basin systems. Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. Available data indicates that water quality is deteriorating and an improved water management system for the area is urgently needed, The improvements scheduled for FYII include the following projects: · Construction of Drainage Improvements in Northwest Royal Wood Culvert and Whitaker Road, The construction costs are estimated at $2,300,000. . Northern Golden Gate Estates Flowway Restoration Master Plan. The costs are estimated at $ I 50,000. This is a cost-share project with funding provided from the District and Collier County. The total estimated cost for the project is $2,450,000. The total payment by the District shall not exceed the amount of $775,000 for this cooperative agreement. Agreement 4600002213, Page 1 of 6 Agenda /tern No. 16A 16 December 14, 2010 Page 13 of 23 PROJECT #1: NORTHWEST ROYAL WOOD CULVERT ANn WHITAKER ROAD IMPROVEMENTS PROJECT #2: NORTHERN GOLDEN GA TE ESTATES FLOWW A Y RESTORATION-MASTER PLAN B. OBJECTIVES The purpose of this agreement is to provide funding to accomplish in FYII following projects: · Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road The project will drain into the Lely Main Canal whieh will alleviate drainage problems within this portion of East Naples. The estimated start of the construction is schedulcd for December 2010. · Devclop a Master Plan I'lr Surlilce/Storm Water Management to reCOI1I1ect the historic flowway in the North Belle l'vleade Restoration Area, an area defined as approximately 34 square miles encompassing all or part of Sections 29-31, Township 47 South, Range 28 East; Sections 4.9, 17. 19, 20, 29-32, Township 48 South, Range 28 East; Section 36, Township 48 South, Range 27 East: Scctions 6, 7. 18, Township 49 South, Range 28 East; Scctions 1. 11.14. 22-27. 33-36, Township 49 South, Range 27 East, Collier County. Florida. C. SCOI'E OF WORK PROJECT #1: NO\UHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS This project is a continuation of the design and construction completed in FY I 0 for the North Portion of the Lely Main Canal. The Whitaker Road improvements will drain into the Lely Main Canal which will alleviate drainage problems within this portion of East Naples. The land use within the basin consisfs of modern developments with improved water management systems consistent with current design requirements. and older neighborhoods that,were developed before water management systems were required. This segment of the project wi I! provide installation of reinforced concrete pipe where an open ditch system exists. The first culvert runs north and south under Whitaker Road and is approximately 65 LF. The second culvel1 runs north and south approximately 1,800 LF along the western border of Royal Wood Country Club. PROJECT #2: NORTHERN GOLDEN GATE ~~STATES FLOWWAY RESTORATION-MASTER PLAN This project includes the following components: Wetland Delineation and Assessment, Develop a Hydrologic/llydraulic Model to assess the feasibility of flow way cOI1I1ections of Northern Agreement 4600002213, Page 2 of 6 Agenda Item No. 16A 16 December 14,2010 Page 14 of 23 Golden Gate Estates to North Belle Meade and convey across the existing 1-75 drainage features to the South Belle Meade area (detailed model scope to be developed), and evaluate alternative flow way concepts as modeled and develop a recommended plan. D. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed to assist the County during construction. The County shall be responsible for project management, budget management and quality control tUld public outreach. The County shall be responsible for reviewing and approving deliverables from its construction cOlltraetor(s) and consultant(s) to ensure that the project objectives are met. PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMI'ROVEMENTS A. Construction Bidding This includes completion of the construction bidding process needed through issuance of the Notice-to-Proceed with construction: . Advertising/Distribution of Bid Specifications, Bid Specification Addendums, as required . Bid Opening, Bid Technical/Commercial Review . Selection ofContractor(s) . Insurance Requirements . Issuance of Notice-to-Proceed with Construction Deliverable: Notice-to-Proceed with Construction n. Mobilization and Clearing . Obtain schedule from Contractor . Obtain Work Plan from Contractor . Complete vegetative clearing along bank Deliverables: Copies of Contractor's schedule and Work Plan C. Construction This includes construction, engineering oversight, and project management of the construction activities as identified below, as required. . Construction of the stonnwater improvements in accordance with approved plans, specifications and pennit requirements . Other construction activities that are directly and appropriately associated with achieving the project objectives or completing the project scope . Engineering Oversight and Project Management . Addendullls or revisions to design plans and specifications . Site Visits, Inspection and Testing Agreement 46000022t3, Page 3 of6 Agenda Item No, 16A16 December 14,2010 Page 15 of 23 · Construction Observation · Certification of 50% Completion DeliverabIes: Certification of 50% Completion of Construction PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWW A Y RESTORA nON-MASTER PLAN · Wetland Assessment · Hydrologic/Hydraulic Model · Alternative Evaluation & Reconmlended Plan Agreement 4600002213, Page 4 of 6 Agenda Item No. 16A16 December 14, 2010 Page 16 of 23 EXHIBIT "8" PAYMENT AND DELIVERABLE 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 tenninate 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 sct forth below. . All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with this Statement of Work document. ,F, '<",F: Task and Description Deliverables Due Date ..District"".:, ' ~,:.:<';'. i' "'-,: .. -.""':i",,<,:,!;;r Not-to-Exci:ed Task 1: Northwest Royal Wood Pa~"i,' Culvert and Whitaker Road .... " ".. "",','!". ..:~Lj"',::"',>,' ><j;-:Xti;',~' lmDl'Ovements ->>:."i;";, (A) Construction Bidding Notice to Proceed (B) Mobilization and Clearing Contractor's schedule and Work Plan (C) Construction of Northwest Certification of 50% September S71iIiJ)()(). Royal Wood Culvert and Whitaker Construction Completion 201 I Road Improvements Task J Total District/lit 'Il Share S700,I)oO. A one lump sum amount 01'$ 700,000 will be paid to Collier County upon completion of Task J. Agreement 46000022] 3, Page 5 of 6 Agenda Item No, 16A16 December 14, 2010 Page 17 of 23 Task and Description Deliverables Due Date District NoHo~Exceed " .. : .. '.,' .,:...~,:,~::,~.. ;"ott.. ":.' , Task 2: Northem Golden Gate Paynie~t:~ Estate Flowway restoration Master Plan (A) Wetland Assessment Draft Report January 2011 (B) Hydrologic/I-Iydraulic Model Draft Report April 20 II (C) Altemative Evaluation and Draft Report August 2011 Recommended Plan (D) Final Master Plan Final Report (5 hard September caples, I electronic copy 2011 I including all data) THS'\ 2 TolaJ P,;'ilrh'uHeJj; ~'h;,tlT S75,l1l1lL A one lump sum amount of $ 75,000 will be paid to Collier County upon completion of Task 2. * The District shall only be obligated to pay for documented actual expenditures within the not- to-exceed amounts specified above. Agreement 4600002213, Page 6 of 6 U f- Cii ~ cw Q ti ~ a ...J ...J a 0.. w :r: f- 0.. a f- Vl Vl z a u f- Z cw ~ w ~ Q <f. Vl i! f- a f- -r~---'~--1lI1 ~~ , - :::: ~ r1 L '" 19 if.; I , 1 , , -- E III II II ~l ! I Ii I .g Iii I, I "" 'g I ! c: ; I I ' I .2:;j i i-c++ H Ir. I .,1 1 I I, "I ; I i ~ i ~I I Oi: ;:;1 I il ~ Jl ~ jl ~! ~C:I d ~ ~! b ~I ~! b ~'I .ji iZI, .il II ;:, ! I I ,31 I" ~I 1 'I i ~I I I i I ~I II I 1;;1 IJ I I ~ I LJ~ j1-1~- ill d ~ I :1]' I il ~I ~ f 'III i :::l ~::3 I ~I' U z ~ U Z , ';; . I I ~~--- __I 1-:- ~r~-illl- .~ 1 ~ >, I II ~ ~ I ~l ~ ! Hili '~' i I' II ;] "E~ill ~ 0.., I Ii:: I i~' L_I_ lill ~~-!~~,-l' ~ ~ ., i l,,-;:; ~ ~II I "I c;j E (l) I: I:::::: I ~ !:,,,.g ",~If fzg"I_ ,_,11._J' I '" -, h 2/ .: ,_ l31cE ~~I~.__._l f- Z <f. ;:J Vl "" ::J "" ;:.. f- i:: z w w :r: f- a f- CI cw i2 <f. :s <f. V) CI ~ >-' ... ~ ~ ::0 1.1 c :, E C;...:J '.F.g? 5:'-' <" I.; 'J: "" .-: E '" ~ lr: 0 12 " <f. .~ en .S 0 '" 0 ~ I~ ~ ... 0 ~ ~I ;~' '" ~ - ,,~ :'<f. a ,.=10.. , ~ IV) i":IU ~I .., -31 ~l L 01~! ~ ~ I ' s::: -< 15 ! ! E Eii g 'II ~ u z .. il- ~ ~I' - ~- ; lfj ~ ~ O'l ~ ... .. ~- "" - ~ .~ 'u I~ I~ I~ ~ '" .. " ~ <t' ~I I ~'I--t ~ 12 ~1 Q) II.) ("j,.D " ..... 1-0 S I ~l~ 2' ? r:IIll p...;z. IV; __ "I t i , I I i I i i i ~ I , 1 q-- -- sll' I '~I I :11 i~ I v ,~ I c '.S:: .. G : I ~ r.l: " I ,~ z '" 51 0..1 1 I i I i ' --1 , I o ~ ~ o Vl bl) ~ 'i5 " ~ ... I I I'-r,-- , , I I I , -1- -1~ - Agenda Item No. 16A16 December 14, 2010 Page 18 of 23 ~.. <<2 CI ~ ... ~ ~~ v e- . '.J :::l u C 0.. ~ .:3 -in t: Vl !l) ::: -Vi _~ ~ ;'cu ""< !:..l ';..I .::l Vl-B - ';..I .- ~ ~ - v r- ;:::~~ " v c......:.. ; . ell,:! ";2""9 .... 1:'3 ... :.J ..... .- ~ ,fj 2:' !-t.. n ~ '- 1:'3 ~ o~u CJ) ~ ~ o -: -: "';;Cc; ';; U ~ G ';; 9- t;;",..l ~ ~-:::-: ~ ~ ~.5 "0;::";:.-, v ~.o -3<"d ~ 0.. " u (/).~ o U ::I "O'--'g" ~ " ~ Eg1j " ~ ~ !j~ E ~ ~ .... <I'l >-, g.<( ~ ,,_<t ~ " E'u ~ t'3 ~ 0 bb c a:: 8~Vi 0. (1) ~ ~ ;'E - V) " -. ~ ~o~ ~ ~I V :;",0 c.. 0..38 ;:: :"j VI C v u ~.gg ~ I... ..... ..!:: 0 0 "';-:-<u - - " 5 ~-5 0..-= c: 'E .?:; '-"';2.g ..... - - ,.CM..= - u ~ ~ ~ 'E= > - " E~;; M~---o ...::: !l) "3.:-: ~ ,- '" := ;j:: 15 c ....J ~ _____ 0 "'0""'-, ...... .- r--- 01) E ----: ;; '" '" ~ bb;::!; '"0 o . 3 s.~ ~ J .J:::r--i] u - _ 2~~ 2i~ " k '" .. . ~ ...: . ;; f- '" '" '" g o o '" -T C " E v 1; ", ...: ~ o " en '" "" Agenda Item No. 16A 16 December 14, 2010 Page 19 of 23 PROJECT: Northern Golden Gate Estates Flowway Restoration Plan Collier County PIN 33134 AGREEMENT TO FACILITATE FUNDING FOR THE NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION PLAN THIS Agreement to facilitate funding for the Northern Golden Gate Estates Flowway Restoration Plan (hereinafter referred to as the "Agreement") is made and entered into on this 14th day of December, 2010, by and between the COLLIER SOIL AND WATER CONSERVATION DISTRICT, whose mailing address is 14700 Immokalee Road, Naples, FL 34120, (hereinafter referred to as "CSWCD"), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, the CSWCD is managing the next phase of development of the Northern Golden Gate Estates Flowway Restoration Plan jointly with staff from Collier County and the Big Cypress Basin of the South Florida Water Management District (hereinafter referred to as the "Management Team"), agreed to in a jointly prepared scope of work as described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Plan"); and WHEREAS, County will act as an agent between the South Florida Water Management District (the "District") and CSWCD for disbursement of funds based on the terms and conditions set forth herein; and WHEREAS, the Management Team will oversee, review and evaluate Plan deliverables for compliance and final acceptance; and WHEREAS, joint management and advancement of the Plan furthers development of the County Watershed Management Plan and the County Long Range Surface Water Management Planning effort; and WHEREAS, the County has determined and CSWCD agrees that it is in the public's best interest to consummate this Agreement NOW THEREFORE, in consideration of these premises and the objectives set forth in Exhibit "A," the sum of ten dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. The County as a local government agency will disburse funds it receives from the District allocated to this project, not to exceed $75,000.00, which will ultimately be Agenda Item No. 16A 16 December 14, 2010 FP>a9slJ2of 23 remitted to CSWCD as payment for completion of the Plan. Funds that the County receives from the District will be disbursed to CSWCD upon receipt in accordance with the following procedures: a) This project is a cost share project with an anticipated total contribution between the Florida Department of Environmental Protection and the District in the amount of $150,000. The District's share shall not exceed $75,000.00; which amount will be remitted from the District to the County upon submission of invoices showing that a minimum 50% cost share has been met on invoices submitted by CSWCD forwarded to the District. b) The CSWCD will timely submit invoices documenting the work completed on the Project in a form acceptable to the County. CSWCD shall include cost share documentation with each invoice it supplies to the County. Upon receipt of its invoices, the Management Team will certify deliverables and concurrently process and forward invoices to the appropriate District project manager for payment. The District shall remit prompt payment to the County within thirty (30) days of its receipt of the invoices. Once funds from the District have been received by the County, the County will process and remit payment to CSWCD within thirty (30) days of receipt. c) The County shall only be obligated to reimburse the CSWCD in its role as recipient of funds actually received from the District for documented expenditures submitted by the CSWCD up to the $75,000.00 not-to- exceed amount specified above. d) CSWCD shall maintain all records required by the County. All invoices, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the consultant for the purpose of this Agreement shall be made available to the County by the CSWCD at any time upon request by the County and be subject to treatment under Chapter 119, Florida Statutes, also known as the Public Records Law. Upon completion of all work contemplated under this Agreement copies of. all documents and records relating to this Agreement shall be surrendered to County, if requested. 3. County and CSWCD agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 4. County agrees, represents and warrants the following: a. County has full right, power and authority to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake Agenda Item No. 16A16 December 14. 2010 fPaQ9 '(3of 23 all actions and to perform all tasks required of County hereunder and to consummate the transaction contemplated hereby. b. No party or person other than the CSWCD has any right or option to acquire the Plan or any portion thereof. 5. County agrees to act as an agent between the CSWCD and the South Florida Water Management district to dispense funds and participate as part of the Management Team and has no fiscal responsibility for completion of the Plan. 6. The CSWCD agrees, represents and warrants the following: a. CSWCD shall coordinate and confer with the County and other similarly situated parties as necessary throughout the completion of the Plan. b. CSWCD shall act as the leader of the Management Team to oversee Plan development. c. CSWCD shall provide a schedule and progress reports to the County upon commencement of the Plan through completion as described in Exhibit "A." CSWCD agrees to regularly communicate with the County and respond to inquiries regarding the project within a reasonable period of time during the Plan development period by telephone, e-mail, project meetings and reports, as appropriate. d. Upon completion of the Plan, including work authorized under any change orders and supplemental agreements, CSWCD will conduct a final review and approval of the work in conjunction with the Management Team, when funds from the District have been received by the County and prior to the County issuing final payment. ; e. All contracts entered into by CSWCD for completion of the Plan shall require the party contracting with CSWCD to save harmless, indemnify and defend County and its agents, officers and employees from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorney's fees, or any expense, damage or liability incurred by any of them, whether personal injury, property damage, direct or consequential damages or economic loss, arising directly or indirectly on account of or in connection with the work done by CSWCD's contractor pertaining to the completion of the Plan or by any person, firm or corporation to whom any portion of the Plan is subcontracted by CSWCD's contractor. f. CSWCD shall be solely responsible for all costs directly and indirectly associated with the design, permit and contract administration services to be performed in connection with completion of the Plan. Agenda Item No. 16A16 December 14, 2010 ~Q9J1.of 23 g. The CSWCD shall provide the County with all State directives and communications received during the completion of the Plan and provide copies of all project deliverables in connection with completion of the Plan. h. The CSWCD's contractors shall maintain insurance in the following amounts: (1) $1,000,000.00 in pollution liability coverage; (2) $1,000,000.00 in employer's liability insurance; (3) $1,000,000.00 in general liability coverage; (4) $500,000.00 in automobile liability coverage; and (5) Statutory minimum for workers compensation coverage. i. In addition, CSWCD's contractors shall add the County as an additional insured on its general liability insurance policy. j. CSWCD and the County mutually agree and represent that CSWCD shall match any grant funding for completion of the plan received from the District, in accordance with match amounts stipulated by the District, up to the amount of $75,000.00. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits and shall terminate no later than (30) days after completion of the Plan, unless the parties mutually agree to extend that period through a separate written document amending this Agreement. 8. Whenever necessary, the Management Team shall cooperate to fulfill their respective obligations under this agreement. 9. This Agreement shall only be amended or cancelled by mutual written consent of the Management Teach hereto or by their successors in interest. 10. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Agenda Item No. 16A16 December 14.2010 ~Q9:SOf 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ' ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Scott R. Teach, Deputy County Attorney AS TO THE, COLLIER SOIL AND WATER CONSERVATION DISTRICT: BY: Print Name: Witness (Signature) Name (Print or Type) Witness (Signature) Name (print or Type)