Backup Documents 09/24/2013 Item #16A12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 1 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
* *Ntw* * ROUTING $LIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist and forward to the Coun Attomev Office
Route to Addressee(s) (List in routing order)
Office
Initials
Date
1.
appropriate
(Initial)
Applicable)
2.
9/24/13 y
Agenda Item Number
16 -A -12
3. County Attorney Office
County Attorney Office
SRT
9/25/13
4. BCC Office
Board of County
Commissioners
��
Z
5. Minutes and Records
Clerk of Court's Office
Documents Attached
o
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Jerry Kurt , Natural Resources
Phone Number
252 -5860
Contact / Department
appropriate
(Initial)
Applicable)
Agenda Date Item was
9/24/13 y
Agenda Item Number
16 -A -12
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
SRT
Type of Document
Contract # 4600002932 SFWMD
Number of Original
Two
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
n/a
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike- through and revisions have been initialed by the County Attorney's
SRT
�1vY-'iC Z
INSTRUCTIONS & CHECKLIST„-
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
SRT
2.
Does the document need to be sent to another agency for additional signatures? If yes,
SRT
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
SRT
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike- through and revisions have been initialed by the County Attorney's
SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
i8l
mac,
document or the final ne otiated contract date whichever is applicable.
FW
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
SRT
si nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 9/24/13 and all changes made during the
SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
SRT
BCC, all changes directed by the BCC have been made, and the document is ready for th
Chairman's signature.
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V e
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
From: KurtzGerald [ mailto: Gera ldKurtz(acolliergov.net] 16 Al2
Sent: Thursday, October 03, 2013 5:01 PM
To: Guerra, Max
Cc: Ann P. Jennejohn
Subject: FW: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting)
Hi Max. The NGGE Flowway funding agreement has been executed by the Collier County Board of County
Commissioners. Please see below. Would you like the originals to be sent back to you or Sharman?
Jerry Kurtz, P.E.
_SA'Sh ,, l-1
Surface Water and Environmental Planning Manager
Natural Resources Department
Office Phone 239 - 252 -5860
Email: ierrvkurtz @colliergov.net
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn0collierclerk.com]
Sent: Thursday, October 03, 2013 9:04 AM
To: KurtzGerald
Subject: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting)
Hi Jerry,
Your agreements, Item #16Al2 approved by the Board Sept. 24, w /South Florida Water
Management District have been signed and I thought I'd see if you'd like me to send
them to the District's office in West Palm to finish processing?
We send most agreements to Sharman Rose: or would you prefer they're
sent to the attention of the project manager instead? We send agreements
to their office regularly, so I'd be more than happy to do it.
Please let me know if that's works for you, or if you'd
rather have them returned to you. Whatever you're
most comfortable with @
Thank you!
Ann Jenne john, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes dt Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose
for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this
communication in error, please notify the Clerk's Office by emailing helpdesk0collierclerk com quoting the sender and delete the message and any attached documents. The Collier County
Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Collieraerk.com domain.
Ann P. Jennejohn 16 Al 2
From: Guerra, Max <mguerra @sfwmd.gov>
Sent: Friday, October 04, 2013 9:37 AM
To: Kurtz, Gerald; Ann P. Jennejohn
Cc: Ann P. Jennejohn
Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting)
Jerry - Once the document is fully executed by the District a copy will be send to the project manager. Thank you both
and have a great weekend as well, Max
From: KurtzGerald [ mailto :GeraldKurtz @colliergov.net]
Sent: Friday, October 04, 2013 9:30 AM
To: Ann P. Jennejohn; Guerra, Max
Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting)
Thanks to both of you. I appreciate you assistance with these important documents.
Max at some point I'd like a copy of the fully executed agreement. Thanks again!
From: Ann P. Jennejohn [mailto: Ann .JennejohnCai)collierclerk.com]
Sent: Friday, October 04, 2013 8:42 AM
To: 'Guerra, Max'; KurtzGerald
Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting)
Sounds good, they'll be in the mail for Sharman, today.
Have a great weekend!
Ann
From: Guerra, Max [mailto:mguerra0sfwmd.gov]
Sent: Friday, October 04, 2013 8:40 AM
To: Kurtz, Gerald
Cc: Ann P. Jennejohn
Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting)
Hi Jerry,
Please send the signed agreement to Sharman Rose.
Regards,
1
County of Collier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUI TY COORTHOUSE
Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044
NAPLES, FLORIDA �'+
e.r NAPLES, FLORIDA
34112 -5324 34101 -3044
October 4, 2013
Ms. Sharman Rose
SFWMD
3301 Gun Club Road
West Palm Beach, FL 33406
16Al2
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Re: Agreement #4600002932 between SFWMD and the Board of County
Commissioners of Collier County, Florida for assistance in funding the
installation of 42 culverts as part of the North Golden Gate Estates
Flow -way Restoration Project in Collier County
Dear Ms. Rose,
Attached for further processing are two original copies of the above referenced
agreement, approved by the Collier County Board of County Commissioners on
September 24, 2013.
After the agreement(s) have been executed, please return an original copy to the
Collier County Minutes and Records Department that serves as Clerk to the Board,
for the Board's Official Record. I included a mailing label to facilitate processing.
Upon receipt of that original I will provide a copy to designated staff within the
County's Transportation Engineering Department.
Thank you.
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Attachments (2)
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website-.www.CollierClerk.com Email- CollierClerkacollierclerk.com
16 Al2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
October 28, 2013
To Whom It May Concern
Collier County
Board Minutes & Records Department
3299 Tamiami Trail East, Suite 401
Naples, FL 34112
To Whom It May Concern:
Ground Delivery
Fedex:
Subject: Contract # 4600002912, 4600002929, 4600002932
Collier County
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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 - BCB Service Center
Ananta Nath - MSC 3510
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 334164680 - www.sfwmd.gov
16 Al2
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, October 29, 2013 2:15 PM
To: Kurtz, Gerald
Subject: SFWMD Agmt No. 4600002932 (9 -24 -13 Item #16Al2)
Attachments: Agmt #4600002932 w_SFWMD.pdf
Hi Gerry,
Attached is an executed copy of Agreement No. 4600002932 w /SFWMD,
approved by the Board September 24, 2013 under Agenda Item #16Al2,
for North Golden Gate Estates Flowway Restoration Project No. 60127.
I wasn't sure if Mr. Guerra had sent you a copy, so if you already
have a copy of the signed agreement, please disregard my email.
Also, if you'd like a certified "paper" copy too, just let me know,
I'd be happy to send one via inter - office mail.
Thank you for your help!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 -252 -8406
239 - 252 -8408 (Fax)
' S
16 A 1
INVOICE REFERENCE NO. (I So S$ gl
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600002932
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
I_1a
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of the OCT 2 6 2013 by and
between the South Florida Water Management District (DISTRICT) and Collier County
(COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for
the Northern Golden Gate Estates flow way restoration; and
WHEREAS, the Governing Board of the DISTRICT, at its September 12, 2013
meeting, approved entering into this AGREEMENT with the COUNTY.
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
availability of funds and in accordance with their respective authorities for Northern
Golden Gate Estates flow way restoration.
2. The period of performance of this AGREEMENT shall commence on October 1, 2013
and shall continue for a period of One year (1) terminating on September 30, 2014.
3. The total DISTRICT contribution shall not exceed the amount of $290,500.00. 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 payment is a
reimbursement of actual expenditures and therefore is subject to adequate documentation
to support actual expenditures within the not -to- exceed AGREEMENT funding
16 Al2
limitation of $290,500.00. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. 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 the project 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 September 30, 2014 unless authorized
through execution of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to subcontract with third parties for services awarded
as required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer
any other work under this AGREEMENT without the prior written consent of the
DISTRICT's Project Manager. The COUNTY agrees to be responsible for the
fulfillment of all work elements included in any subcontract and agrees to be responsible
for the payment of all monies due under any subcontract. It is understood and agreed by
the COUNTY that the DISTRICT shall not be liable to any subcontractor for any
expenses or liabilities incurred under the subcontract(s).
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.
Page 2 of 7, Agreement No. 4600002932
16A1L'
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 party any remedy or defense available to
such parry 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,
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 parry. 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
Page 3 of 7, Agreement No. 4600002932
DO
16Al2
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:
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
D�so Page 4 of 7, Agreement No. 4600002932
16Al2'
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 Collier County
Attn: Max Guerra, Project Manager
Attn: Sharman Rose, Contract Specialist
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No. (561) 682 -2167
Fax No. (561) 682 -5624
Email: shrose @sfwmd.gov
Attn: Jerry Kurtz P.E., Manager
Natural Resources Department
2800 Horseshoe Drive North
Naples, FL 34104
Telephone No. (239) 252 -5860
Fax No.
Email: jerrykurtz @colliergov.net
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 Invoice 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. 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, 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
v
Page 5 of 7, Agreement No. 4600002932
16 A 12'
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
28. 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.
Page 6 of 7, Agreement No. 4600002932 ''
16 Al 2'a
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENT on the date first written above.
SFWMD PROCUREMENT APPROVED
By:
Date:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By: 114 � -
Dor y A. rhaw, Procurement Bureau Chief
BOARD OF
FLORIDA
By:
GEORG
Title: CHAIRWOtlAN
ized Individual
R, ESQ.
COUNTY,
ATTEST
W- 16 -H �' E. BftC 1 A LERK
A roved as to form nd legality
Bel•
Scott R. Teach, Deputy County Attorney
,Attest ; : hairman's.
signature only.
Page 7 of 7, Agreement No. 4600002932
16Al2
EXHIBIT "A"
STATEMENT OF WORK
Collier County
Northern Golden Gate Estates (NGGE) Flow Way Restoration
Stormwater Project FY14
A. INTRODUCTION
The Big Cypress Basin Board budget has earmarked funding for FYI 4 for implementation of
watershed restoration projects that benefit the Naples Bay Initiative. The goals of the Initiative
are: to construct stormwater treatment structures /facilities that improve polluted runoff, to
improve the hydrology (quantity, timing and distribution) associated with freshwater discharges
to the estuaries and to restore sea grasses, oyster reefs, and mangroves in the Naples Bay.
Collier County has recently completed a comprehensive plan for restoration of the historic flow
ways in a 34- square mile area of Northern Golden Gate Estates (NGGE). Another study was
also developed earlier by the Collier Soil & Water Conservation District for the Horsepen Strand
Conservation Area. Both of the studies were funded by DEP and BCB.
The plan aims at restoring the remnant sloughs of Winchester Head, Horsepen Strand and other
wetlands impaired by roads, canals and residential developments. It also laid out the preliminary
feasibility of diverting additional Golden Gate Main Canal flows by spreader channels in
Northern Belle Meade and eventual sheet flows to south Belle Meade through I -75 crossing
culverts.
This project is one component of the North Golden Gate Estates Flow way Restoration Project,
which is one of the highest rated structural initiatives recommended by the County Watershed
Management Plan. The Board of County Commissioners accepted the watershed management
plan in December 2011.
The main goal of this project is to facilitate surface water conveyance of stormwater to the low -
lying areas and to enhance connectivity of low -lying areas. Current overland flow patterns
efficiently direct stormwater runoff into the Basin's canal system. Redirection of surface water
flows to low lying areas could reduce the burden placed on the canal system, reduce flows to
Naples Bay, and provide aquifer recharge for public water supplies.
This is a cost -share project with funding provided from the District and Collier County. The
total estimated construction cost for the project in FY14 is $581,000. The total payment by the
District shall not exceed the amount of $290,500 in dedicated Big Cypress Basin funds for this
cooperative agreement.
Agreement 4600002932, Exhibit "A ", Page 1 of 4 i
ib Al2
B. OBJECTIVES
The purpose of this agreement is to provide funding to accomplish in FY14 the construction of
the first phase of this project that includes the installation of 42 equalizing culverts north and
south of Oil Well Road (CR -858) within the existing Right of Way (ROW) in order to reconnect
historic flow ways in the project area.
C. SCOPE OF WORK
The scope of this agreement includes the installation of 42 equalizing road crossing culverts
within the existing Right of Way (ROW) for the interconnection of the wetland systems between
the Golden Gate/Miller Canals and the Faka Union Canal.
The proposed cross -drain locations considered in this scope are described in Table 1.
Table 1: Proposed Crossing Culverts
S __ scripti $ -- Upstream Downstrea Diamete Len
Coordin Coordin m Invert r
1 RS-09 Culvert 476179 723603 15.08 15.06 18 40
2
RS -10
Culvert
476682
723603
15.08
15.06
18
40
3
RS -11
Culvert
477441
723608
15.22
15.20
18
40
4
RS -12
Culvert
477450
722289
15.21
15.19
18
40
5
RS -13
Culvert
477939
721639
14.64
14.62
18
40
6
RS -14
Culvert
479026
720327
14.66
14.64
18
40
7
RS -15
Culvert
480422
720333
15.00
14.98
24
40
8
RS -16
Culvert
476401
718981
14.73
14.71
18
40
9
RS -20
Culvert
477429
718078
14.53
14.51
18
40
10
RS -21
Culvert
479397
717690
12.75
12.73
24
40
11
RS -22
Culvert
480098
717694
12.75
12.73
24
40
12
RS -23
Culvert
475959
716346
13.51
13.49
24
40
13
RS -24
Culvert
478746
716363
11.31
11.29
24
40
14
RS -25
Culvert
475623
715020
13.21
13.19
18
40
15
RS -26
Culvert
476694
715034
13.21
13.19
18
40
16
RS -32
Culvert
478138
708447
11.64
11.62
24
40
17
RS -34
Culvert
478177
707129
10.53
10.51
24
40
18
RS -36
Culvert
477760
705762
11.08
11.06
24
40
19
RS -37
Culvert
473739
704412
11.05
11.03
24
40
20
RS -38
Culvert
476047
704427
11.20
11.18
24
40
21
RS -39
Culvert
477584
704445
11.40
11.38
24
40
22
RS -40
Culvert
477897
704446
11.40
11.38
24
40
23
RS -41
Culvert
1 473747
703089
11.10
11.08
24
40
Agreement 4600002932, Exhibit "A ", Page 2 of 4 /�1
v
16Al2
24
RS -42
Culvert
474915
703090
11.70
11.68
24
40
25
RS -43
Culvert
477598
703122
11.11
11.09
24
40
26
RS -44
Culvert
477747
703123
11.11
11.09
24
40
27
RS -45
Culvert
473931
701768
11.40
11.38
24
40
28
RS -46
Culvert
478930
701823
11.82
11.80
24
40
29
RS -49
Culvert
473563
700449
11.00
10.98
24
40
30
RS -50
Culvert
480145
700505
11.20
11.18
24
40
31
RS -52
Culvert
473520
699129
11.00
10.98
24
40
32
RS -56
Culvert
473911
697813
11.00
10.98
24
40
33
RS -57
Culvert
474415
697814
11.00
10.98
24
40
34
RS -58
Culvert
473763
696493
10.50
10.48
24
40
35
RS -59
Culvert
477632
696524
10.70
10.68
24
40
36
RS -60
Culvert
474576
695137
10.20
10.18
24
40
37
RS -64
Culvert
478877
693855
11.00
10.98
24
40
38
RS -65
Culvert
479582
692541
10.70
10.68
24
40
39
RS -77
Culvert
480245
672700
9.00
8.98
24
40
40
RS -78
Culvert
480317
671383
8.70
8.68
24
40
41
RS -79
Culvert
480346
670060
8.40
8.38
24
40
42
RS -80
Culvert
480693
668744
8.50
8.48
24
40
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 and public outreach. The County shall be responsible for reviewing and approving
deliverables from its construction contractor(s) and consultant(s) to ensure that the project
objectives are met. The work breakdown associated with this project is described below.
Task 1: 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 of Contractor(s)
Insurance Requirements
Issuance of Notice -to- Proceed (NTP) with Construction
Recipient shall submit to the District Project Manager an electronic submittal of the final project
bid amount and/or vendor estimates and NTP for tasks to be completed in FYI 4.
Due Date: Upon contract execution
Agreement 4600002932, Exhibit "A ", Page 3 of 4
1bAl2'
Task 2: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project
Manager a status report summarizing progress made to date, issues of concern potentially
affecting project performance, and any other information pertinent to the project.
Due Date: December 31, 2013
Task 3: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project
Manager a status report summarizing progress made to date, issues of concern potentially
affecting project performance, and any other information pertinent to the project.
Due Date: March 31, 2014
Task 4: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project
Manager a status report summarizing progress made to date, issues of concern potentially
affecting project performance, and any other information pertinent to the project.
Due Date: June 30, 2014
Task 5: Construction - Recipient shall install 42 equalizing road crossing culverts described in
Table 1. This task includes construction, engineering oversight, and project management of the
construction activities as identified below, as required.
Installations of 42 road crossing culverts in accordance with approved plans, specifications and
permit 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
Addendums or revisions to design plans and specifications
Site Visits, Inspection and Testing
Construction Observation
Certification of Completion
Due Date: September 30, 2014
Task 6: Reimbursement Request and Project Summary Report — Recipient shall submit to
the District Project Manager the final reimbursement request package and final summary project
report (Exhibit "C ").
Due Date: September 30, 2014
Agreement 4600002932, Exhibit "A ", Page 4 of 4 ?_
I
16 Al2
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
• The schedule set forth below is October 1, 2013 to September 30, 2014.
• All deliverables submitted hereunder are subject to review and acceptance by the District
Project Manager(s). 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 the
Reimbursement Request Package in accordance with the schedule set forth below. The
County shall submit a final reimbursement request package for payment and Exhibit "C"
on or before September 30, 2014. All reimbursement request packages shall be
accompanied by adequate documentation to demonstrate actual expenditures and
completion of each Task in accordance with Exhibit "A ", the Statement of Work (SOW).
• Reimbursement Request Package shall include, but not be limited to, a copy of the
County's invoice, copies of vendor invoices (pay applications), and any other
documentation supporting payment. Reimbursement Request Package shall adequately
demonstrate completion of each Task in accordance with Exhibit "A ", the SOW.
• The District shall only be obligated to pay for documented actual FY2014 construction4
costs within the not -to- exceed amounts specified below. In no event shall the District's
total obligation exceed the amount specified below for the total Agreement; however, an
actual construction cost less than the estimated construction cost may result in a reduced
final payment. The County is responsible for any additional funds either through local
revenues, grants, other appropriations, and/or other funding sources.
Task
Deliverable(s)
Invoice Date
Report Due Date
District
No.
Not -to- Exceed
Pay went*
Electronic submittal of final
I
project bid amount and/or
N/A
Upon Contract
N/A
vendor estimates and NTP for
Execution
tasks to be completed in FY14
2
Exhibit "C" - Quarterly Status
N/A
December 31,
N/A
Report
2013
3
Exhibit "C" - Quarterly Status
N/A
March 31, 2014
N/A
Report
4
Exhibit "C" - Quarterly Status
N/A
June 30, 2014
N/A
Report
Agreement 4600002932, Page 1 of 2
16Al2
5
Install 42 equalizing road
crossing culverts described in
Table 1
Upon Task
Completion
N/A
$290,500
Exhibit "C" - Final Summary
6
Report and Reimbursement
September 30,
September 30,
Request Package
2014
2014
Total District/BCB Share
$290,500
'Reimbursement Request Package must be submitted on or before September 30, 2014 for
reimbursement.
2 If construction bids and vendor estimates have not been completed upon execution of the Agreement,
the County shall submit this information as soon as it is available to the District Project Manager(s).
3 Exhibit "C" Quarterly Status Reports are due within ten (10) business days of the due date.
4 Ineligible costs include, but not limited to, permits, as- builts, videos, early completion bonus, bonds and
insurance, etc.
Note: If the project includes well drilling and testing, deliverables must include copies of all
hydrogeologic data collected in the course of drilling and testing, in the District specified format. An
electronic copy of the District specified format is available via email. Contact the appropriate District
Project Manager(s) to request one.
Agreement 4600002932, Page 2 of 2
Exhibit "C" 16 Al2
Stormwater Project FYI
Quarterly Status Report
To comply with the Status Report requirements specified in your contract, this form shall be
completed and submitted via e-mail to your South Florida Water Management District Project
Manager(s). Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an
understanding of project construction to date.
Status Report — Quarter /Final
Name of Person Completing Form
Contract Number
®1 ❑ 2 ❑ 3 ❑ Final Date:
4600002932
Proposal Number
Entity Name: Collier County
Project Title: Northern Golden Gate Estates (NGGE) Flow way Restoration
1. Provide a brief description of project status.
2. What is the overall status of your project (check one)?
❑ On Schedule
❑ Behind Schedule? Explain why. Do you expect the project to be completed on time?
3. Actual Project Construction Cost Information
Page 1 of 2 , Exhibit "C" to Agreement No. 4600002932
I
Date
Amount
Bid Document
Final Contract (with
Vendor)
Total Expended to Date
Change Order(s)
Page 1 of 2 , Exhibit "C" to Agreement No. 4600002932
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