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Agenda 03/26/2019 Item #16A1003/26/2019 EXECUTIVE SUMMARY Recommendation to approve Amendment 1 to the South Florida Water Management District Agreement 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project (60142). OBJECTIVE: To approve Amendment 1 to the South Florida Water Management District (SFWMD) Agreement 4600003762 for the West Goodlette-Frank (WGF) Road Area Joint Stormwater-Sewer Project (WGF Project) which provides for an updated project construction schedule, identifies a new project manager for the SFWMD, and provides the County with an additional interim opportunity for funding reimbursement. CONSIDERATIONS: On November 14, 2017 (Agenda Item 16.A.13), the Board of County Commissioners (Board) approved entering into a funding reimbursement Agreement with the Big Cypress Basin/South Florida Water Management District (SFWMD) for stormwater and related construction costs for the WGF Project. The funding Agreement was for a forty percent (40%) reimbursement of eligible expenses, up to a maximum of eight hundred thousand dollars ($800,000). At the time of the Board's approval, the WGF Project was still in design, so an estimated construction schedule was developed. Since then the project has been successfully bid as a joint construction project between the County and the City of Naples and is underway. During the course of bidding and contract approvals, there were several delays not anticipated in the estimated schedule. This Amendment 1 provides an updated construction time frame. It also allows the County to seek reimbursement funding at the sixty percent (60%) level of construction completion that was not included in the original Agreement. A project manager staff change at the SFWMD is also noted in this Amendment 1. FISCAL IMPACT: Budget amendments to fund South Florida Water Management District Agreement 4600003762 were approved on November 14th, 2017 (Agenda Item 16.A.13). The amendments recognized grant revenue and the required 60% grant match in GMD Grant Fund (711) and GMD Grant Match Fund (712), project 60142. There is no fiscal impact associated with the approval of Amendment 1. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact caused by this Amendment 1. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve Amendment 1 to the South Florida Water Management District Agreement 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project. Prepared By: Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. BCB Funding Agreement 4600003762 (FINAL 1-8-18) (PDF) 2. SFWMD - Amendment #1 - JAK signed(1) (PDF) Packet Pg. 606 16.A.10 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doe ID: 8165 Item Summary: Recommendation to approve Amendment 1 to the South Florida Water Management District Agreement 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater- Sewer Project (60142). Meeting Date: 03/26/2019 Prepared by: Title: Project Manager, Principal — Capital Project Planning, Impact Fees, and Program Management Name: Robert Wiley 02/25/2019 7:10 PM Submitted by: Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 02/25/2019 7:10 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Growth Management Department Lisa Taylor Additional Reviewer Growth Management Department Judy Puig Level 1 Reviewer Growth Management Operations Support Additional Reviewer Christopher Johnson Capital Project Planning, Impact Fees, and Program Management Amy Patterson Grants Erica Robinson Level 2 Grants Review Growth Management Department Thaddeus Cohen Department Head Review Growth Management Department James C French Deputy Department Head Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Completed 02/26/2019 3:12 PM Completed 02/27/2019 10:58 AM Additional Reviewer Completed Additional Reviewer Completed Completed 02/28/2019 2:56 PM Completed 03/01/2019 10:45 AM Skipped 03/04/2019 7:12 PM Completed 03/05/2019 8:15 AM Completed 03/08/2019 3:24 PM Completed 03/14/2019 5:43 PM Completed 03/17/2019 6:37 PM 03/26/2019 9:00 AM Packet Pg. 607 ORIGI ' 16.A.10.a PO NO. 950000 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600003762 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of �y and between the South Florida Water Management District (DISTRICT) and Board of County Commissioners of 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 West Goodlette-Frank Road area joint Stormwater and Septic Tank Replacement; and 0? J WHEREAS, the COUNTY warrants and represents that it has no obligation or z indebtedness that would impair its ability to fulfill the terms and conditions of this E: AGREEMENT; and cm WHEREAS, the Governing Board of the DISTRICT, at its December 14, 2017 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 pant hereof, subject to availability of funds and in accordance with their respective authorities for West Goodlette-Frank Road area joint Stormwater and Septic Tank Replacement. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of nineteen (19) months. 6 Packet Pg. 608 16.A.10.a 3. The total DISTRICT contribution shall not exceed the amount of $800,000. 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 in accordance with Attachment 1 to Exhibit "B". Absence of proper documentation may result in non-payment or audit and return of prior payments. In no event shall the DISTRICT be liable for any contribution hereunder in excess of $800,000. 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. 4. 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. 5. 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. 6. The total DISTRICT contribution for all work completed herein shall not exceed the amount of $800,000 or 40% of eligible expenditures for the project, whichever is less. 7. 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 July 31, 2019 unless authorized through execution of an amendment to this AGREEMENT to cover succeeding periods. The COUNTY is hereby authorized to contract with thud parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. 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). O Page 2 of 7, Agreement No. 4600003762 U 4/27/17 Packet Pg. 609 16.A.10.a 9. 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. 10. 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 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. 11. The COUNTY and the DISTRICT further agree that nothing contained herein shall be 0 construed or interpreted as (1) denying to either party any remedy or defense available to Go 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 IL Florida beyond the waiver provided in Section 768.28, Florida Statutes. Q 12. 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. 13. The parties to this AGREEMENT will not discriminate against any person on legally protected basis in any activity under this AGREEMENT. 14. 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. Page 3 of 7, Agreement No. 4600003762 4/27/17 ( D' Packet Pg. 610 16.A.10.a 15. 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. 16. 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. 17. The COUNTY shall maintain records and the DISTRICT shall have the 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 Dioutes: In the event that the DISTRICT o should become involved in a legal dispute with a third party arising from performance 00 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 IL such records shall be made readily available to the DISTRICT. Q 18. 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 17 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 (CFFA), 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 Page 4 of 7, Agreement No. 4600003762 U 4/27/17 Packet Pg. 611 16.A.10.a (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. 19. 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 Coun Attn: Roxanne Taylor, Project Manager Attn: _Amy Patterson, Project Manager Attn:—Sharman Rose, Contract Specialist Collier County Capital Project Planning, Impact 3301 Gun Club Road Fees and Program Management West Palm Beach, FL 33406 2685 South Horseshoe Drive, Suite 103 Telephone No. (561) 682-2167 Naples, FL 34104 Email: shrose@sfwmd.gov Telephone No. (239) 252-5721 Email: AmyPatterson@colliergov.net 20. COUNTY shall send its invoices and any attachments to APInvoiceA_sfwmd.gov and a Uc, copy to the DISTRICT Project Manager. All invoices must reference the COUNTY's legal name as authorized to do business with the State of Florida; DISTRICT'S AGREEMENT Number and Purchase Order (PO) Number as specified on the cover/signature page of the AGREEMENT; a unique invoice number not previously used; 00 date; a description of the services performed, and the amount to be invoiced. COUNTY _J shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi; 2) name Z the pdf file with the COUNTY's name and the PO number; 3) provide all required attachments with the invoice file (refer to Attachment 1 to Exhibit C), and 4) include the PO number and Invoice number in the subject line of the email. if email or pdf filing is not possible, o the COUNTY must provide the above to the following address: g South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach, FL 33416-4682 COUNTY must submit its invoices in compliance with the requirements of this subsection and all other terms and conditions of this AGREEMENT in order to receive prompt payment by the DISTRICT as described in Section 218.70, Florida Statutes. COUNTY's failure to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. 4 U Page 5 of 7, Agreement No. 4600003762 4/27/17 Packet Pg. 612 16.A.10.a 21. 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. 22. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any signatory hereon shall be considered for all purposes as original. 23. 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. 24. 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. 25. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 26. 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 Q unless in writing and signed by the party against whom enforcement is sought. Such waiver Z shall be limited to provisions of this AGREEMENT specifically referred to therein and shall cm not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver M unless the writing states otherwise. g 27. 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. 28. 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. 29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 28 Page 6 of 7, Agreement No. 4600003762 4/27/17 Packet Pg. 613 (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 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Legal Form Approved BYRS GOVERNING BOARD SFW(UlD Office OF counsel Do By. Ernest Marks, Execqtive Directgr By: (� rot . Bradshaw, Director A ini ative Services Division SFWMD PROCUREMENT APPROVED By: Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PENNY TA&R and legality Jeffrey A. I atz w County Attorney ATTEST: MIGHT E. Attest All' Chairmafl�s signature only ' Page 7 of 7, Agreement No. 4600003762 16.A.10.a w ao 4/27/17 Packet Pg. 614 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017- 2018 to local governments for construction and implementation of stormwater management, alternative water supply, and water conservation projects which meet objectives of the Big Cypress Basin Strategic Plan. This is a joint project with Collier County and the City of Naples for stormwater improvements and conversion of residential properties from septic to a sanitary sewer system. The project is located within unincorporated Collier County and within the City of Naples Sewer Service Area. It includes residential properties on individual septic tanks that experience seasonal flooding. The project area is located between Goodlette-Frank Road and US 41, north of Creech Road and south of Cypress Woods Drive. Collier County (RECIPIENT) has identified streets within this area that need stormwater improvements in conjunction with the City's replacement of the septic tanks with a sanitary sewer system improving the overall water quality of stormwater prior to discharge into the Gordon River with eventual outfall to Naples Bay, an Impaired Water Body. Collier County has determined that a treatment train BMP (Best Management Practice) approach will improve flooding and stormwater quality. This approach includes roadside swales overlaying a storm sewer system within Areas 4 and 5 of the City of Naples' Unsewered Master Plan and identified on the attached map (Exhibit 1). These stormwater improvements will provide improved flood protection for properties within Areas 4 & 5 and provide a treatment train combination of stormwater facilities that can include but not be limited to grassed swales, underground piping and storage, filters and inlet devices to improve the receiving waters in the Gordon River. This agreement is for Collier County's stormwater improvement component of the project. The City of Naples' component of septic -to -sewer conversion is addressed under a separate agreement. 2.0 OBJECTIVE General project objectives, which align with the mission of the DISTRICT, include managing and protecting water resources of the region by balancing and improving flood control, water quality, and natural systems. The project specific objective is to improve flood protection and water quality by installing a stormwater management system within Areas 4 and 5 of the project identified above, including swales overlaying a storm sewer system with associated appurtenances. 3.0 SCOPE OF WORK The RECIPIENT shall install a stormwater management system serving approximately 99 acres along 16.A.10.a Go [l7-IMP-00204/1376104/11Agreement No. 4600003762, Exhibit "A", Page 1 of 4 y O 11 Packet Pg. 615 16.A.10.a streets within Areas 4 and 5 identified in the City's 2006 Unsewered Master Plan in accordance with design plans, project specifications, and applicable permits. The stormwater management system will consist of, but not be limited to a combination of grassed swales, stormwater pipes, catch basins, inlets and other associated appurtenances. The DISTRICT shall reimburse the RECIPIENT $800,000 or 40% of eligible expenses, whichever is less, based on the final plans. The plans shall clearly indicate existing and proposed stormwater appurtenances. An amendment to the Agreement may be necessary depending on the final plans. Eligible expenses consist of new components of the stormwater management system that improve flood protection and water quality for the area. Ineligible costs include, but are not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. The RECIPIENT will be responsible for satisfactory completion of the scope of work and may retain consultants, contractors, and/or vendors to provide the professional and construction services required. The RECIPIENT will also be responsible for project management, budget management, quality control, and public outreach. 4.0 WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below. 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager via email. Initiate construction activities per design plans, project specifications, and applicable permits. 4.2 Task 2 Continue construction activities per design plans, project specifications, and applicable permits. Submit quarterly status reports (Exhibit "C") to the DISTRICT Project Manager via email which provide Q a narrative of construction activities completed to date; a discussion of project status; an explanation of Z conflicts or issues, if any, which may affect construction progress or project performance; and a cm description of other pertinent information attached to the quarterly status report such as project oversight/management documentation, results from applicable inspections or field tests, addendums or o revisions to design plans or project specifications, and relevant project correspondence. g 4.3 Task 3 Complete thirty percent (30%) of the construction activities per design plans, project specifications, and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). Fn [17 -IMP -00204/1376104/1 ]Agreement No. 4600003762, Exhibit "A", Page 2 of p Packet Pg. 616 4.4 Task 4 Complete construction activities (100%) per design plans, project specifications, and applicable permits Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which may affect project performance; the calculated benefits of the project and a description of other pertinent information attached to the quarterly status report such as before and after photos, project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). [ 17 -IMP -00204/1376104/1 ]Agreement No. 4600003762, Exhibit "A", Page 3 of 4 16.A.10.a Packet Pg. 617 "'txw(vu-vw-Lhmm77 f� t ev = ��a ., 'a D - - `� Will �~ "- { �"� fP io 1p it, Al o-oj 41 MAC f_ t7� '�: � th{�,'.1 !� s ��"�ft S N.{��1�•°�.'i�� s � .r"�R.�'a' ' ��► phi; .��'�,• ®$�'� ��"��'I ��t' ;' �'_I� M.rt�f' ��1�'�r1,�;'�',� '�'' .� �"� �: -- , �' f {:." "x`t `i!f j�� r``- ISE` � �y • �•. j�p �� :�I' '1�1 �, �. �!r'. �. �!1 � �'` (C •� 7 ; � ' ,�^ - 0 . 0• •M ` Rte' � !'e !rfl ia�. wa�� if 1 i. ^f-• F � � , � ��i ` MIS � � �•�.' `, rti � f 04' areas served by this project. t.^+..SN �'�'' i.•, '. `$t.3„r f�..s i '. �ti - i -.f"� . - psi , �~ 1 .. f 40 V ,�K v I fl. I .��i. . `�GI.�.�d' . aw , `$ :ist �ntY 'w� ell ,�1.wr M fi _. 13 Fj� 'i� i� .� C a,� { ■.. J 1 ; ti '. ij , �ay�ri.srr'ao< �'va�d �`.. ti?{-` � rt f��s -iJ �'9�f� • -=� f - - .- - - 16.A.10.a EXHIBIT `B" DELIVERABLES AND PAYMENT SCHEDULE COLLIER COUNTY WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT The schedule set forth below is from the date of execution to July 31, 2019. o All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project Manager. Acceptability of all work will be based on the judgment of the DISTRICT Project Manager that the work 0 r is technically complete and accurate. a� The RECIPIENT shall submit a Reimbursement Request Packages in accordance with the schedule set E forth below and payment shall be made following receipt and acceptance of the Reimbursement Request Package by the DISTRICT Project Manager. Reimbursement Request Packages shall adequately E demonstrate completion of each Task in accordance with Exhibit "A" and shall include, but not be limited to, a copy of the RECIPIENT's invoice and other documentation supporting payment. o a Q. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is therefore subject to a adequate documentation to support actual eligible expenditures within the not -to -exceed AGREEMENT LO funding limitations specified below. Actual eligible expenditures less than the estimated project cost will o result in a reduced final payment per the funding limitation percentage specified below. The RECIPIENT Go is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. IL J The total DISTRICT contribution for all work completed herein shall not exceed the amount of $800,000 z or 40% of eligible expenditures for the project, whichever is less. N [17 -RAP -00204/1376104/1 ]Agreement No. 4600003762, Exhibit "B" Page 1 of Packet Pg. 619 [17 -IMP -00204/1376104/] ]Agreement No. 4600003762, Exhibit `B" Page 2 of 16.A.10.a a� E c L d �L 0 LL 0 U) a� 0 r T c a� c a� E a� 0 a Q. LO �o J Q z M N M O 0 0 0 w c as E as as L Q U- W U m c E M U 2 r Q �9 O Packet Pg. 620 DISTRICT Estimated COUNTY Not -To- Project Task Deliverable(s) Due Date Share Exceed Cost (60%) Share (100%) (40%) Design Plans, Project 1 Specifications, Bid Amount April 30, 2018 N/A N/A N/A Documentation, and NTP July 31, 2018 N/A N/A N/A October 31, 2018 N/A N/A N/A Exhibit "C" - Quarterly 2 Status Report January 31, 2019 N/A N/A N/A April 30, 2019 N/A N/A N/A Complete 30% of construction activities per design plans, project 3 specifications, and September 30, $360,000 $240,000 $600,000 applicable permits. 2018 imbursement Request r Package Final Report Complete 100% of construction activities per 4 design plans, project July 31, 2019 $840,000 $560,000 $1,400,000 specifications, and applicable permits. Reimbursement Request Package Total $1,200,000 $800,000 $2,000,000 [17 -IMP -00204/1376104/] ]Agreement No. 4600003762, Exhibit `B" Page 2 of 16.A.10.a a� E c L d �L 0 LL 0 U) a� 0 r T c a� c a� E a� 0 a Q. LO �o J Q z M N M O 0 0 0 w c as E as as L Q U- W U m c E M U 2 r Q �9 O Packet Pg. 620 16.A.10.a EXHIBIT "C" COLLIER COUNTY QUARTERLY STATUS REPORT WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT 1.0 DATE OF REPORT Click here to enter a date. 2.0 NAME AND TITLE OF PERSON COMPLETING REPORT Click here to enter text. 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE LAST REPORT Click here to enter text. 4.0 DISCUSSION OF OVERALL PROJECT STATUS Click here to enter text. T 5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION Go PROGRESS OR PROJECT PERFORMANCE IL J Q Click here to enter text. z 6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT cm FOR FURTHER CLARIFICATION OF DETAILS CONTAINED IN CONSTRUCTION 0 ACTIVITIES NARRATIVE, OVERALL PROJECT STATUS DISCUSSION, AND/OR o CONFLICTS EXPLANATION w Click here to enter text. [17-IMP-00204/1376104/1]Agreement No. 4600003762, Exhibit "C" Page 1 of 1 F O Packet Pg. 621 16.A.10.b ORIGINAL. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT E 4600003762-A01 AMENDMENT NO. 01 TO AGREEMENT NO. 4600003762 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This AMENDMENT NO. 01, is entered into on to that Agreement dated January 8, 2018, between "the Parties," the South Florida Water Management District (DISTRICT), and Board of County Commissioners of Collier County, Florida (COUNTY). Background 1. The Governing Board of the District, at its December 14, 2018 meeting, approved entering into this Agreement with the Parties for West Goodlette-Frank Road Area Stormwater and Septic Tank Replacement. The term of the Agreement is Nineteen (19) months. 3. The Parties wish to amend the Agreement to extend the period of performance, amend the Terms and Conditions, revise the Statement of Work, and revise the Payment and Deliverable Schedule of the Agreement. Terms and Conditions 4. The term of the Agreement is hereby extended by eighteen (18) months and the expiration date, as amended, is January 31, 2021. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties. This AMENDMENT N0.01 shall be at no additional cost to the DISTRICT. 6. The Statement of Work, attached as Exhibit "A" to the Agreement, is hereby amended by revising the Work Breakdown Structure as set forth in Exhibit "A1", attached hereto and made a part of this AMENDMENT NO. 01. Page 1 of 2, Amendment No. 01 to Agreement No. 4600003762 02-26-2018 com Packet Pg. 622 i 16.A.10.b 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT Article 7 is hereby revised to read as follows: "All work to be performed under this AGREEMENT" is set forth in Exhibit "Al", 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 "A1" 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 "AI" shall be performed beyond January 31, 2021 unless authorized through execution of an amendment to this AGREEMENT to cover succeeding periods." 8. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "B 1 ", attached hereto and made a part of this AMENDMENT NO. 01. 9. The Project Manager for the DISTRICT is amended to be Bradley Jackson, located at 3301 Gun Club Road, West Palm Beach, FL 33406, telephone number (239) 263-7615 X7619. 10. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Candida Heater, Acting Director Administrative Services Division SFWMD PROCUREMENT APPRqrp BY:� DATE: lZ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, FL Jeffrey A. In -- _-- -------- Title: legality County Attorney Page 2 of 2, Amendment No. 01 to Agreement No. 4600003762 02-26-2018 �d ! Packet Pg. 623 EXHIBIT "Al" STATEMENT OF WORK COLLIER COUNTY West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017-2018 to local governments for construction and implementation of stormwater management, alternative water supply, and water conservation projects which meet objectives of the Big Cypress Basin Strategic Plan. This is a joint project with Collier County and the City of Naples for stormwater improvements and conversion of residential properties from septic to a sanitary sewer system. The project is located within unincorporated Collier County and within the City of Naples Sewer Service Area. It includes residential properties on individual septic tanks that experience seasonal flooding. The project area is located between Goodlette-Frank Road and US 41, north of Creech Road and south of Cypress Woods Drive. Collier County (COUNTY) has identified streets within this area that need stormwater improvements in conjunction with the City's replacement of the septic tanks with a sanitary sewer system improving the overall water quality of stormwater prior to discharge into the Gordon River with eventual outfall to Naples Bay, an Impaired Water Body. Collier County has determined that a treatment train BMP (Best Management Practice) approach will improve flooding and stormwater quality. This approach includes roadside swales overlaying a storm sewer system within Areas 4 and 5 of the City of Naples' Unsewered Master Plan and identified on the attached map (Exhibit 1). These stormwater improvements will provide improved flood protection for properties within Areas 4 & 5 and provide a treatment train combination of stormwater facilities that can include, but not be limited to, grassed swales, underground piping and storage, filters and inlet devices to improve the receiving waters in the Gordon River. This agreement is for Collier County's stormwater improvement component of the project. The City of Naples' component of septic -to -sewer conversion is addressed under a separate agreement. 2.0 OBJECTIVE General project objectives, which align with the mission of the DISTRICT, include managing and protecting water resources of the region by balancing and improving flood control, water quality, and natural systems. The project specific objective is to improve flood protection and water quality by installing a stormwater management system within Areas 4 and 5 of the project identified above, incli din Z wales overlaying_a Storm sewer system with associated appUrterian( eS 3.0 SCOPE OF WORK The COUNTY shall install a stormwater management system serving approximately 99 acres along streets within Areas 4 and 5 identified in the City's 2006 Unsewered Master Plan in accordance with design plans, project specifications, and applicable permits. The stormwater Page 1 of 4, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b ,�N Packet Pg. 624 management system will consist of, but not be limited to, a combination of grassed swales, stormwater pipes, catch basins, inlets and other associated appurtenances. The DISTRICT shall reimburse the COUNTY $800,000 or 40% of eligible expenses, whichever is less, based on the final plans. The plans shall clearly indicate existing and proposed stormwater appurtenances. An amendment to the Agreement may be necessary depending on the final plans. Eligible expenses consist of new components of the stormwater management system that improve flood protection and water quality for the area. Ineligible costs include, but are not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. The COUNTY will be responsible for satisfactory completion of the scope of work and may retain consultants, contractors, and/or vendors to provide the professional and construction services required. The COUNTY will also be responsible for project management, budget management, quality control, and public outreach. 4.0 WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below. 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager via e-mail. Initiate construction activities per design plans, project specifications, and applicable permits. 4.2 Task 2 Continue construction activities per design plans, project specifications, and applicable permits. Submit quarterly status reports (Exhibit "C") to the DISTRICT Project Manager via e-mail which provide a narrative of construction activities completed to date; a discussion of project status; an explanation of conflicts or issues, if any, which may affect construction progress or project performance; and a description of other pertinent information attached to the quarterly status report such as project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. 4.3 Task 3 Complete thirty percent (30%) of the construction activities per design plans, project specifications, and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a COUNTY invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). 4.4 Task 4 Complete sixty percent (60%) of the construction activities per design plans, project specifications Page 2 of 4, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b Packet Pg. 625 and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a COUNTY invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). 4.5 Task 5 Complete construction activities (100%) per design plans, project specifications, and applicable permits. Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which may affect project performance; the calculated benefits of the project and a description of other pertinent information attached to the quarterly status report such as before and after photos, project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a COUNTY invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). Page 3 of 4, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b Packet Pg. 626 Invi W1 RL F1 1 I 1 I 1 1 1 1 r r t .449 All a Pill top I< < q AID N AMS ,^�v'r"F�.z� ': ilk, -�T'r*'' `311al r L-4 t e? areas served by this project. 1. LAI 1 W- - - A� ice""' Jill Jill i� ■ y �1�� 'il�:_.,�4� :»\ �.I� i anmd �i - 1 IM y ;� ,�' �, � 1�' ' �' ,1 � � ",�'# u, '� y .. •.'�' ,� i ��..,� ^I'll . � ; �' _ /�(�y�� EXHIBIT "Bl" DELIVERABLES AND PAYMENT SCHEDULE COLLIER COUNTY West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement The schedule set forth below is from the date of execution to i��'�a�y;1s�7 January 31, 2021. All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project Manager. Acceptability of all work will be based on the judgment of the DISTRICT Project Manager that the work is technically complete and accurate. The COUNTY shall submit a Reimbursement Request Packages in accordance with the schedule set forth below and payment shall be made following receipt and acceptance of the Reimbursement Request Package by the DISTRICT Project Manager. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" and shall include, but not be limited to, a copy of the COUNTY's invoice and other documentation supporting payment. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is therefore subject to adequate documentation to support actual eligible expenditures within the not -to -exceed AGREEMENT funding limitations specified below. Actual eligible expenditures less than the estimated project cost will result in a reduced final payment per the funding limitation percentage specified below. The COUNTY is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. The total DISTRICT contribution for all work completed herein shall not exceed the amount of $800,000 or 40% of eligible expenditures for the project, whichever is less. Page 1 of 3, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b it , �) . Packet Pg. 628 Task Deliverable(s) Due Date COUNTY Share (60%) DISTRICT Not -To- Exceed Share (40%) Estimated Project Cost (100%) 1 Design Plans, Project Specifications, Bid Amount Documentation, and NTP ''"'"' 2"• "" Q N/A N/A N/A January 31, 2019 2 Exhibit "C" - Quarterly Status Report July 31, 2018 N/A N/A N/A October 31, 2018 January 31, 2019 N/A N/A N/A N/A N/A N/A April 30, 2019 N/A N/A N/A July 31, 2019 N/A N/A N/A October 31, N/A N/A N/A 2019 January 31, 2020 N/A N/A N/A April 30, 2020 N/A N/A N/A July 31, 2020 N/A N/A N/A October 31, N/A N/A N/A 2020 January 31, N/A N/A N/A 2021 3 Complete 30% of construction activities per design plans, project specifications, and applicable permits. Septembef 30, 2018 �-�July 30, 2019 $360,000 $240,000 $600,000 Reimbursement Request Complete 60% of April 30, 2020 ewe construction activities per design plans, project ee ffleatio s ando Reimbursement Request Page 2 of 3, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b Packet Pg. 629 Page 3 of 3, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b Packet Pg. 630 Final Report 5 My 31, 2019 $480,000 $320,000 $800,000 Complete 100% of construction activities Januar 2021 per design plans, project specifications, and applicable permits. Reimbursement Request TOTAL $1,200,000 $800,000 $2,000,000 Page 3 of 3, Amendment No. 1 to Agreement No. 4600003762 16.A.10.b Packet Pg. 630