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Backup Documents 12/14/2010 Item #16A16ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6A ] 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE +� (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 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 #4, complete the checklist_ and forward to [an Mitchell (line i#S) Route to Addressee(s) (List in routing order) Office Initials Date 1. avnrWriate. (Initial) Applicable) 2. 12/14/10 Agenda Item Number 16A16 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Grant Agreement — SFWMD Number of Original 2 5. Ian Mitchell, Office Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Courts Office - - PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Margaret Bishop Phone Number (239) 252 -5857 Contact avnrWriate. (Initial) Applicable) Agenda Date Item was 12/14/10 Agenda Item Number 16A16 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Grant Agreement — SFWMD Number of Original 2 Attached I Documents Attached 1NCTRTTCTTn1VC V, curd -wr rcT L forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not avnrWriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, `+ �I resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's yt Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 0 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's ��, signature and initials are required. 0✓'•(� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 12/14/10 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office± has reviewed the changes, if applicable. L forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16A 16 MEMORANDUM Date: December 16, 2010 To: Margaret A. Bishop, Sr. Project Manager Transportation Stormwater Mgmt. From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: SFWMD Grant Agreement #4600002213 Attached are two original Agreement Amendment documents referenced above, (Agenda Item #16A16) approved by the Board of County Commissioners on Tuesday, December 14, 2010. Please return a fully executed original to the Minutes and Records Department to be kept as part of the Board's permanent record. If you should have any questions, please call me at 252 -8411. Thank you. Attachments (2) 16A16 ORIGINAL 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 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 for the Northwest Royal Wood Culvert and Whitaker Road Improvements; and the Northern Golden Gate Estates Flow -way Restoration Master Plan; 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: 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 1 of 7 16A16 availability of funds and in accordance with their respective authorities for the COUNTY to (1) construct drainage improvements in Northwest Royal Wood and Whitaker Road; and (2) develop a Master Plan to reconnect the historic flow -way in the North Belle Meade Restoration Area. 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 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. 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 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" 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 Agreement No. 4600002213 - Page 2 of 7 16 A 16 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. 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 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. Agreement No. 4600002213 - Page 3 of 7 16A lb 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 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. 4600002213 - Page 4 of 7 16A 16 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 Collier County Growth Mgmt. Div. Attn: Max Guerra, Project Manager Attn: Margaret A. Bishop, Project Mgr. (Project 1) Attn: Rupert Giroux, Contract Specialist Ph No. (239) 252 -5857; Fax No. (239) 252 -6050 3301 Gun Club Road Attn: Jerry Kurtz, Project Mgr. (Project 2) West Palm Beach, FL 33406 Ph No. (239) 252 -5860; Fax No. (239) 252 -6201 Telephone No. (561) 682 -2532 FAX No. (561) 681 -6275 2885 Horseshoe Drive South Naples, FL 34104 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. 4600002213 - Page 5 of 7 16A 16 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. 4600002213 - Page 6 of 7 16A 16 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREME T 1PPROVED By: f tQ) Date: 1D�18HT'$: B�:GLERK . 95t qtr rbi"r, Approved as to form & legal sufficiency As ' ant h Attomey SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD 0 Jessica J. Flathmann, Director of Procurement BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA As. FRED W. COYLE, CHAIWIAN; Agreement No. 4600002213 - Page 7 of 7 16A 16 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY STORMWATER IMPROVEMENT PROJECTS FYI A. INTRODUCTION The District's Big Cypress Basin Board budget has earmarked funding for FYI 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 • 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 1 is a construction project of the Lely Area Stormwater 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 FYI I 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 $150,000. 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 16A 16 PROTECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN B. OBJECTIVES The purpose of this agreement is to provide funding to accomplish in FYI 1 following projects: • Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road The project will drain into the Lely Main Canal which will alleviate drainage problems within this portion of East Naples. The estimated start of the construction is scheduled for December 2010. • Develop a Master Plan for Surface /Storm Water Management to reconnect the historic flowway in the North Belle Meade 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; Sections 6, 7, 18, Township 49 South, Range 28 East; Sections 1, 11 -14, 22 -27, 33 -36, Township 49 South, Range 27 East, Collier County, Florida. C. SCOPE OF WORK PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS This project is a continuation of the design and construction completed in FY10 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 consists 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 will 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 culvert runs north and south approximately 1,800 LF along the western border of Royal Wood Country Club. PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN This project includes the following components: Wetland Delineation and Assessment, Develop a Hydrologic /Hydraulic Model to assess the feasibility of flow way connections of Northern Agreement 4600002213, Page 2 of 6 16A 16 Golden Gate Estates to North Belle Meade and convey across the existing I -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 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. PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS 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 of Contractor(s) • Insurance Requirements • Issuance of Notice -to- Proceed with Construction Deliverable: Notice -to- Proceed with Construction B. 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 stormwater improvements 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 Agreement 4600002213, Page 3 of 6 16A 16 • Construction Observation • Certification of 50% Completion Deliverables: Certification of 50% Completion of Construction PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN • Wetland Assessment • Hydrologic /Hydraulic Model • Alternative Evaluation & Recommended Plan Agreement 4600002213, Page 4 of 6 16A 16 EXHIBIT "B" 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 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. (B) Mobilization and Clearing Contractor's schedule and Work Plan (C) Construction of Northwest Certification of 50% September $700,000. Royal Wood Culvert and Whitaker Construction Completion 2011 Road Improvements Task 1 Total District/BCB Share eInn nnn A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of Task 1. Agreement 4600002213, Page 5 of 6 16A 16 (A) Wetland Assessment (B) Hydrologic /Hydraulic Model (C) Alternative Evaluation and Recommended Plan Draft Report January 2011 Draft Report Apri 22011 Draft Report I August 2011 (D) Final Master Plan Final Report (5 hard September copies, 1 electronic copy 2011 including all data) Task 2 Total District /BCB Share 575,000 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. 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Polaski Subject: RE: December 14, 2010 Item #16A16 Attachments: SFWMD 2010 agreement signed.recorded final.pdf Teresa, here is the executed SFWMD doc. From: Teresa L. Polaski [mailto' Teresa .Polaski(a)collierclerk.coml Sent: Friday, July 01, 20114:31 PM To: KurtzGerald Subject: December 14, 2010 Item #16A16 Let me know if you need anything else. Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax ( Teresa .Polaski @collierclerk.com) 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 helodeskCo@collierclerk.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 Coll ierClerk. corn domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ( .1 (") 1 `: IrI `k '9 16A 16 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Fedex Ground Delivery January 7, 2011 Ms. Margaret A. Bishop, Project Mgr. Collier County Growth Mgmt. Division 2885 Horseshoe Drive South Naples, FL 34104 Dear Ms. Bishop: Subject: Contract # 4600002213 Stormwater Improvement Projects FY11 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, Rupert Giroux Contract Specialist Procurement Department rgiroux @sfwmd.gov (561) 682 -2532 FAX: (561) 681-6275 RG /cdl Enclosure c: Max Guerra, MSC 2351 Procurement/Original File 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • PL WA15 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov 16A 16 ORIGINAL SAP REFERENCE NO. gro 6 6o YV77 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 JAN 0 5 2011 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 for the Northwest Royal Wood Culvert and Whitaker Road Improvements; and the Northern Golden Gate Estates Flow -way Restoration Master Plan; 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: 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 1 of 7 16A 16 availability of funds and in accordance with their respective authorities for the COUNTY to (1) construct drainage improvements in Northwest Royal Wood and Whitaker Road; and (2) develop a Master Plan to reconnect the historic flow -way in the North Belle Meade Restoration Area. 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 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. 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 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" 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 Agreement No. 4600002213 - Page 2 of 7 x.6816 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. 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 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. Agreement No. 4600002213 - Page 3 of 7 16A 16 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 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. 4600002213 - Page 4 of 7 16A 16 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 Collier County Growth Mgmt. Div. Attn: Max Guerra, Project Manager Attn: Margaret A. Bishop, Project Mgr. (Project 1) Attn: Rupert Giroux, Contract Specialist Ph No. (239) 252 -5857; Fax No. (239) 252 -6050 3301 Gun Club Road Attn: Jerry Kurtz, Project Mgr. (Project 2) West Palm Beach, FL 33406 Ph No. (239) 252 -5860; Fax No. (239) 252 -6201 Telephone No. (561) 682 -2532 FAX No. (561) 681 -6275 2885 Horseshoe Drive South Naples, FL 34104 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. 4600002213 - Page 5 of 7 16A 16 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 I — 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. 4600002213 - Page 6 of 7 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD Pxoc RE PRO ED By: , Date: AT= -n . Da• Approved as to form & legal sufBciem, Assistant unty Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Bv: 6 s J ica J. Flathmann, Di ctor f Procurement BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:-- -- - --- FRED W. COYLE, CHAIRMAN Agreement No. 4600002213 - Page 7 of 7 16 A 16 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY STORMWATER IMPROVEMENT PROJECTS FY11 A. INTRODUCTION The District's Big Cypress Basin Board budget has earmarked funding for FY11 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 • 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 Stormwater 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 FYI l 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 Flow-way Restoration Master Plan. The costs are estimated at $150,000. 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 16A 16 PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROADIMPROVEMENTS PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN B. OBJECTIVES The purpose of this agreement is to provide funding to accomplish in FYI l following projects: • Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road The project will drain into the Lely Main Canal which will alleviate drainage problems within this portion of East Naples. The estimated start of the construction is scheduled for December 2010. Develop a Master Plan for Surface /Storm Water Management to reconnect the historic flow-way in the North Belle Meade 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; Sections 6, 7, 18, Township 49 South, Range 28 East; Sections 1, 11 -14, 22 -27, 33 -36, Township 49 South, Range 27 East, Collier County, Florida. C. SCOPE OF WORK PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROADIMPROVEMENTS This project is a continuation of the design and construction completed in FY10 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 consists of modem 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 will 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 culvert runs north and south approximately 1,800 LF along the western border of Royal Wood Country Club. PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN This project includes the following components: Wetland Delineation and Assessment, Develop a Hydrologic /Hydraulic Model to assess the feasibility of flow way connections of Northern Agreement 4600002213, Page 2 of 6 16A 15 Golden Gate Estates to North Belle Meade and convey across the existing I -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 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. PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROADIMPROVEMENTS 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'fechnical /Commercial Review • Selection of Contractor(s) • Insurance Requirements • Issuance of Notice -to- Proceed with Construction Deliverable: Notice -to- Proceed with Construction B. 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 stormwater improvements 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 Agreement 4600002213, Page 3 of 6 16A 16 • Construction Observation • Certification of 50% Completion Deliverables: Certification of 50% Completion of Construction PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN • Wetland Assessment • Hydrologic/Hydraulic Model • Alternative Evaluation & Recommended Plan Agreement 4600002213, Page 4 of 6 16A 16 EXHIBIT `B" 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 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. A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of Task 1. Agreement 4600002213, Page 5 of 6 16 A 16 (A) Wetland Assessment Draft Report January 2011 (B) Hydrologic /Hydraulic Model Draft Report April 2011 (C) Alternative Evaluation and Draft Report August 2011 Recommended Plan (D) Final Master Plan Final Report (5 hard September copies, 1 electronic copy 2011 including all data) Task 2 Total District/BCB Share $75,000. 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 w x X w y W W F w 0 ti y 0 V z w W �i c� d V: F' z d Vl a U a F z W W F H pA Q Q q a w 16A 16 0 U U 0 ° as ° O G Q° o U ° U y t � C u Q Op U o ti � U w m,y W N U i0 C G U y U 'o �p U W d u C � � 4 y �Q F ,d, Q ro N F O 0.w U o U � U V r• N U o 4J v > y O �C b U � ° ° o bM tC y mry� wa ° U ° w .� 3 0 3 a u aU Q Q E E a Q L 5 n C 01 w F F •O q F U .n d w A Y Q Q Q O .c � z 0 U e' v d Q a o L i U N pq N y Q " 0 d " ° ~ o w Z w o C � z u ai T L C « W Q d 9 A y A 'O Ew L d p y u V o � �z L F �z 0 d n u ud y x T G wwaz � d 16A 16 0 U U 0 ° as ° O G Q° o U ° U y t � C u Q Op U o ti � U w m,y W N U i0 C G U y U 'o �p U W d u C � � 4 y �Q F ,d, Q ro N F O 0.w U o U � U V r• N U o 4J v > y O �C b U � ° ° o bM tC y mry� wa ° U ° w .� 3 0 3 a u � QU Q E Q a L n � 01 Q W F L � q F d w y u Y N a C Q u o L F h i U N pq N y Q " B � ° ~ o w d °U o 0 � z U� C a c E' w 0 a N r L d p � o � �z �z d a t. ud y x T G N r � d v 9 b L � 3 d L N g 7 O L r C d C 16A 16 0 U U 0 ° as ° O G Q° o U ° U y t � C u Q Op U o ti � U w m,y W N U i0 C G U y U 'o �p U W d u C � � 4 y �Q F ,d, Q ro N F O 0.w U o U � U V r• N U o 4J v > y O �C b U � ° ° o bM tC y mry� wa ° U ° w .� 3 0 .. F QU Q W a � ti N Q F 0 W 9 d G Y d a F Q � o L F h i U N pq N y Q A v °U o w � z U L C a w 0 y 0 v d p �z d a t. O N C Y � y iL L d d a N g u Z � r C d C w Q u 7 a az 16A 16 0 U U 0 ° as ° O G Q° o U ° U y t � C u Q Op U o ti � U w m,y W N U i0 C G U y U 'o �p U W d u C � � 4 y �Q F ,d, Q ro N F O 0.w U o U � U V r• N U o 4J v > y O �C b U � ° ° o bM tC y mry� wa ° U ° w .� 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 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 throu h routing lines 41 throu #4 com lete the checklist and forward to Sue 17i1s 1 i m #5 Route to Addressee(s) List in routing order Office on Initials e Date 1. (Initial ) Applicable) 2. December 14, 2010 Agenda Item Number 16A 16 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4 Scott R. Teach, Deputy County Attorney County Attorney Office // 12/20/10 5 Ian Mitchell, BCC Supervisor Board of County Commissioners Documents Attached t 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Scott R. Teach Phone Number (239) 252 -8400 Contact (Initial ) Applicable) Agenda Date Item was December 14, 2010 Agenda Item Number 16A 16 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Agreement Number of Original 1 Attached I Documents Attached INSTRUCTIONS R. C t4V( W1.1QT l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_number» /((document number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial ) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the SRT Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 12/14/10 and all changes made during the meeting SRT have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return a copy of the executed document to Scott R. Teach, Deputy County Attorney SRT l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_number» /((document number» 16A 16 MEMORANDUM Date: December 28, 2010 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement to Facilitate Funding for the Northern Golden Gate Estates Flowway Restoration Plan Attached for your records is a copy as referenced above, (Item #16A16) approved by the Board of County Commissioners December 14, 2010. If you have any questions, please contact the Minutes and Record's Department at 252 -8411. Thank you. Attachment 16A 16 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 1Page 6A 14 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 Page 163 A 16 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. 16A 16 Page 4 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. 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 Team 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. 16A 16 Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST- DWIGHT E. -.8k S K, Clerk De t Cfe�rk. att t as U& t%" 1 i #�11�'�Ilyf; Olt Approved as to form and le sufficiency - /Z.JWC Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , FRED W. COYLE, Chairman AS TOT g.LLIER SOIL AND,VY TER CONSERVATION DISTRICT: BY:�,ry' Print Name: f l . ... c..... � itness (Signature) Name (Print or Type) T Witness (Signature) Name (Print or Type) 16A 16 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY STORMWATER IMPROVEMENT PROJECTS FY11 A. INTRODUCTION The District's Big Cypress Basin Board budget has earmarked funding for FYI 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 • 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 Stormwater 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 FYI 1 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 $150,000. 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 I of 6 16A16 PROJECT #1: NOR'T'HWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN B. OBJECTIVES The purpose of this agreement is to provide funding to accomplish in FYI 1 following projects: • Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road The project will drain into the Lely Main Canal which will alleviate drainage problems within this portion of East Naples. The estimated start of the construction is scheduled for December 2010. Develop a Master Plan for Surface /Storm Water Management to reconnect the historic flowway in the North Belle Meade 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 Fast; Sections 6, 7, 18, "Township 49 South, Range 28 East; Sections 1, I1 -14, 22 -27, 33 -36, Township 49 South, Range 27 East, Collier County. Florida. C. SCOPE OF WORK PROJECT #T: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS This project is a continuation of the design and construction completed in FY10 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 consists 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 will 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 culvert runs north and south approximately 1,800 LF along the western border of Royal Wood Country Club. PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN This project includes the following components: Wetland Delineation and Assessment, Develop a Hydrologic /[lydraulic Model to assess the feasibility of flow way connections of Northern Agreement 4600002213, Page 2 of 6 16A16 Golden Crate Estates to North Belle Meade and convey across the existing I -7S 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 STRUCTURF. 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. PROJECT #I: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER ROAD IMPROVEMENTS 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 of Contractor(s) • Insurance Requirements • Issuance of Notice -to- Proceed with Construction Deliverable: Notice -to- Proceed with Construction B. 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 stormwater improvements 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 • Sitc Visits, Inspection and Testing Agreement 4600002213, Page. 3 of 6 • Construction Observation Certification of 50% Completion Deliverables: Certification of 50% Completion of Construction PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION•MASTER PLAN Wetland Assessment • Hydrologic /Hydraulic Model • Alternative Evaluation & Recommended Plan Agreement 4600002213, Page 4 of 6 16A16 16A 16 EXHIBIT "B" 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 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. s+4+ i 1 tif4;.N Task,aad escnpt>�n i2 rriOUFFii ntiC µ 3n Task 1: Notch Royal Wood Culvert a>nd Road v (A) Construction Bidding Notice to Proceed (B) Mobilization and Clearing Contractor's schedule and Work Plan (C) Construction of Northwest Certification of 50% September,? {1 {�.(�i��i. Royal Wood Culvert and Whitaker Construction Completion 2011 Road Improvements T3.11, I Total District /1011 Share S 700,000, A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of Task 1. Agreement 4600002213, Page 5 of 6 16A16 Task and; Descrlpt�on } rliverables 4 i x, # Dstrict." XWeed Task 2: Northem G61den Gate i'`sncnt Estate Flowway restoraol" 1 Master Plan (A} Wetland Assessment Draft Report January 7 12011 (B) Hydrologic /Hydraulic Model I Draft Report (C) Alternative Evaluation and Recommended Plan Draft Report April 2011 August 2011 (D) Final Master Plan Final Report (5 hard September copies, I electronic copy 2011 including all data) I "l'ask 2 Total District /13C'13 Share I5?5,000. 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. 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