Agenda 12/01/2009 Item #16B 1
Agenda Item No. 16B1
December 1, 2009
Page 1 of 14
,_."
EXECUTIVE SUMMARY
Recommendation to approve Funding Agreement No. 4600001684, Amendment No. 01 in the amount
of $1,200,000.00 with the South Florida Water Management District to provide assistance with the
construction ofthree (3) Lely Area Stonnwater Improvement Projects (LASIP): (I) Lely Main Canal
EastlWest, (2) Lely Manor Canal South, and (3) Lely Manor Canal North and extend the construction
time schedule for the Gateway Triangle Stonnwater Improvement project ($200,000.00 from the 2009
contract).
OBJECTIVE: To receive approval of the South Florida Water Management District Funding
Agreement (SFWMD) No. 4600001684, Amendment No. 0 I in the amount of $1 ,200,000.00 providing
funding assistance for the construction of the LASIP Lely Main Canal EastlWest, Lely Manor Canal
South and Lely Manor Canal North and extend the construction time schedule for the Gateway
Triangle Stonnwater Improvement project ($200,000.00 from the 2009 contract).
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.
CONSIDERATIONS: On January 13, 2009, the Board ofthe Big Cypress Basin (BCB) of the South
Florida Water Management District (SFWMD) approved entering into a cooperative agreement
(Agreement #4600(01684) with Collier County for the following stonnwater improvement projects:
$1,000,000.00 to partially fund construction of the LEL Y Main Canal-Construction of the Phase 18
North project, a portion of LASIP (Project No. 5110 I), $300,000.00 to partially fund construction of
the Freedom Park (aka Gordon River Water Quality Park) (Project No. 51(18) and $200,000.00 to
partially fund construction of the Gateway Triangle StOlIDwater Improvement Project Construction of
Phase I1 (Project No. 518(3). That agreement was approved at the February 10, 2009 BCC meeting.
Construction of the Lely Main Canal and the Freedom Park are complete, however, the Gateway
Triangle Stonnwater Improvement Project requires a time extension.
The purpose of the LASIP project is to provide a comprehensive stornlwater outfall system for the area
of East Naples, which has experienced an increasing level of drainage related problems as growth has
continued in the area. The drainage area of LASIP consists of about I 1,135 acres and consists of two
sub-basins known as the Lely Canal Basin system and the Lely Manor Basin system. The Lely Canal
Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The
Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and
eventually into Rookery Bay.
FISCAL IMPACT: Revenue in the amount of $1,200,000 detailed in Fnnding Agreement No.
4600001684, Amendment No. 01 is included in the Stonnwater total FY 10 revenue from
SFWMD/BCB, Stormwater Managemcnt Capital Fund (Fund 325).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient for Board action-SRT.
GROWTH MANAGEMENT IMPACT: The LASIP, Lely Main Canal East/West, Lely Manor
Canal South, Lely Manor Canal North and the Gateway Triangle StOlIDwatcr Improvement Project are
in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management
Plan.
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Agenda Item No. 16B1
December 1, 2009
Page 2 of 14
RECOMMENDA nON: Approve: (1) The attached South Florida Water Management District
(SFWMD) Funding Agreement No. 460000l684-A01 in the amount of $1,200,000.00 providing
funding assistance for the LASIP, Lely Main Canal EastlWest, Le1y Manor Canal South and Lely
Manor Canal North; and (2) extend the construction schedule for the Gateway Triangle Stormwater
Improvement Project and (3) direct the Board Chairman to execute the agreement.
Prepared By: Margaret Bishop, P.E., Senior Project Manager, Transportation Services Division,
Stormwater Management Section
Attachments: (1) Agreement #4600001684-A01
~,.,.
Agenda Item No. 16B1
December 1 , 2009
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1681
Recommendation to approve Funding Agreement No. 4600001684, Amendment No. 01 in
the amount of $1 ,200,000.00 with the South Florida Water Management District to provide
assistance with the construction of three (3) Lely Area Stormwater Improvement Projects
(LASIP): (1) Lely Main Canal EasllWest, (2) Lely Manor Canal South, and (3) Lely Manor
Canal North and extend the construction time schedule for the Gateway Triangle Stormwater
Improvement Project
12/1/2009 9:00:00 AM
Meeling Dale:
Approved By
Margaret A. Bishop Project Manager, Senior Date
Transportation Division Transportation Road Maintenance 11/12/2009 1 :57 PM
Approved By
Scott R. Teach Deputy County Attorney Date
County Attorney County Attorney 11/12120093:15 PM
Approved By
Caroline Soto Management/Budget Analyst Date
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Transportation Division Transportation Administration 11/16/20092:55 PM
Approved By
Gerald Kurtz Project Manager, Principal Date
Transportation Division Transportation Road Maintenance 11/16/20094:06 PM
Approved By
Norm E. Feder, AICP Administrator ~ Transportation Date
Transportation Division Transportation Administration 11/17/200910:18 AM
Approved By
John Vliet Director ~ Road Maintenance Date
Transportation Division Transportation Road Maintenance 11/17/200910:59 AM
Approved By
Therese Stanley Manager - Operations Support - Trans Date
Transportation Division Transportation Administration 11/17/20094:42 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Division Transportation Administration 11/17/20094:56 PM
--
Approved By
OMB Coordinator Date
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Agenda Item No. 1681
December 1, 2009
Page 4 of 14
County Attorney
County Attorney
11/18/20099:18 AM
Approved By
Jeff Klatzkow
County Attorney
Date
11/18/200910:00AM
Approved By
Susan Usher
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
11/19/20095:40 PM
Approved By
Mark Isackson
ManagementlBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
11/19/20095:53 PM
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O R f Gr~d1ia Item No. 1681
"'ber 1, 2009
~ge50f14
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
4600001684-A01
AMENDMENT NO. 01
TO AGREEMENT NO. 4600001684
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
This AMENDMENT NO. 01, entered into on . to
that AGREEMENT dated February 27,2009, between "the Parties," the South Florida Water
Management District (DISTRICT), and Collier County (COUNTY).
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
parties; and
WHEREAS, the parties wish to amend the AGREEMENT in order to amend the
Statement of Work, extend the period of performance, revise the Payment and Deliverables
Schedule, and increase funding ofthe AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT, at its November 13,2009 meeting,
approved entering into this AMENDMENT NO. 01 with the COUNTY;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. The term of the AGREEMENT is hereby extended by Nine (9) Months and the
expiration date, as amended, is September 26, 2010. Regardless of the actual date of
execution, this AMENDMENT NO. 01 shall be effective as of December 26,2009.
2. The Statement of Work, Exhibit "A", is hereby revised to include Exhibit "AI", attached
hereto and made a part of this AGREEMENT.
,'~.'
Amet'1dmentNo. 01 to Agreement No. 4600001684.. Page 1 of2
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Agenda Item No. 1681
December 1, 2009
Page 6 of 14
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3. The Payment and Deliverable Schedule, Exhibit "B", is hereby revised to include Exhibit
"Bl ", attached hereto and made a part of this AGREEMENT,
4. The monetary consideration for the AGREEMENT is hereby increased by an amount
not-to-exceed One Million Two Hundred Thousand Dollars and No Cents
($1,200,000.00), for a total revised AGREEMENT amount not-to-exceed Two Million
S'2ven Hundred Thousand Dollars and No Cents ($2, ?cOO; 000.00) '}11a~
5. 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
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
SFWMD PROCUREMENT
By:
~,
Date:
COLLIER COUNTY
ATTEST
DWIGHT E. BROCK, CLERK
BY:
By:
Donna Fiala
Title:
Chairman
.................. --.,
L
Deputy COUIII'- Alforney
Amendment No. 0] to Agreement No. 4600001684 _ Page 2 of2
Agenda Item No. 1681
December 1, 2009
Page 7 of 14
EXHIBIT "AI"
STATEMENT OF WORK
COLLIER COUNTY
STORMW A TER IMPROVEMENT PROJECTS FY10
A. INTRODUCTION
The Big Cypress Basin Board budget has earmarked funding for FYlO 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 and
. Improve the hydrology (quantity, timing and .distribution) associated with freshwater
discharges to the estuaries and
. Restore sea grasses, oyster reefs, and mangroves in the Naples Bay.
The Exhibit Al is an amendment to the existing agreement (#4600001684) to' include the
improvements scheduled for FYlO. This amendment includes three additional construction
projects 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.
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.
The Lely Canal Basin discharges into the estuarine coastal zone along the inter-coastal waterway
of Dollar Bay. The Lely Manor Canal discharges into the estuarine coastal zone of Sandhill Bay
and eventually into Rookery Bay.
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 urgent needed.
The improvements scheduled for FYIO includes following construction- projects: Lely Main
Canal East/W est South of Rattlesnake Hammock Rd. and Lely Manor Canal North and South
Portion:
PROJECT #4;
PROJECT #5:
PROJECT #6:
LEL Y MAIN CANAL-EAST/WEST
LEL Y MANOR CANAL SOUTH
LELY MANOR CANAL NORTH
- The construction costs are estimated at $1,400,000 and 2,900,000 respectively_
Page 1 of8, Agreemen14600001684-AOl
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Agenda Item No. 1681
December 1 , 2009
Page 8 of 14
This is a aost-share project with funding provided from the District and Collier County. The
total estimated cost for both projects is $4,300,000. The total payment by the District shall not
exceed the amount of$I,200,000 (Ad Valorem) for this cooperative agreement.
B. OBJECTIVES
The purpose of this amendment is to provide funding for the construction of the following
projects:
· Lely Main Canal East to West South of Rattlesnake Hammock Rd.
The proj ect will help to mitigate flooding by providing enhanced conveyance capabilities
and improving water quality in the East Naples/Lely Area.
· Lely Manor Canal (North and South Portion)
This project will attenuate flooding by reducing flows and durations of water events in
the Le1y Manor Area while improving water quality of runoff discharged to Sandhill Bay
and eventually into Rookery Bay.
The start of the construction for both projects is scheduled for February 2010.
C. SCOPE OF WORK
PROJECT #4. LEL Y MAIN CANAL - EAST/WEST
SOUTH OF RATTESNAKE-HAMMOCK ROAD
This project is intended to correct serious 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 project is a continuation of the construction completed in FY09 for the North Portion of the
Lely Main Canal. The proposed improvements include deepening, widening and reshaping to
the designed cross section of one mile segment of the Lely Main Canal running east to west and
the construction of a weir structure to provide improved conveyance and water quality treatment.
PROJECT #5. LELY MANOR CANAL (SOUTH PORTION)
This project is intended to correct the serious drainage problems in the Lely Manor area. The
proposed improvements include deepening, widening and reshaping to the designed cross
section. The existing canal is one of the two primary stormwater outfalls of the Lely Manor
Basin. The canal is divided in two sections (South and North) by a large wetland area where the
construction of a weir structure on the south side is proposed.
Page 2 of 8, Agreement 4600001684-AOl
Agenda Item No. 1681
December 1, 2009
Page 9 of 14
PROJECT- #6. LEL Y MANOR CANAL (NORTH PORTION)
...
The proposed improvements include deepening, widening and reshaping of the northern port of
the above mention canal.
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.
TASK4: LELY MAIN CANAL-EAST/WEST
SOUTH OF RA TTESNAKE-HAMMOCK ROAD
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A. Construction Bidding
This includes completion of the construction bidding process needed through issuance of the
Notice-to-Proceed with construction:
· AdvertisinglDistribution of Bid Specifications, Bid Specification Addendums, as required
· Bid Opening, Bid Technical/Commercial Review
· Selection ofContractor(s)
. Insurance Requirements
· Issuance of Notice-to-Proceed with Construction
Deliverable: Notice-to-Proceed with Construction
B. Mobilization and Clearing
. Obtain schedule from Contractor
· Obtain Work Plan from Contractor
· Complete vegetative clearing along bank
· Develop and implement power pole relocation plan
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 channel 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 including re-configuring the Collier
County Wastewater facilities in that area that presently run underneath the channel
· Engineering Oversight and Project Management
· Addendums or revisions to design plans and specifications
Page 3 0[8, Agreement 4600001684.AOI
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Agenda Item No. 1681
December 1, 2009
Page 10of14
e Sit6 Visits, Inspection and Testing
. Construction Observation
. Certification of 50% Completion
Deliverables: Certification of 50% Completion of Construction
TASK 5: LEL Y MANOR CANAL (SOUTH PORTION)
A. Construction Bidding
This includes completion of the construction bidding process needed through issuance of the
Notice-to-Proceed with construction.
. Bidding
.. AdvertisinglDistribution of Bid Specifications
. Bid Specification Addendums, as required
. Bid Opening
. Bid Technical/Commercial Review
. Selection ofContractor(s)
. Authorization ofContractor(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
· Develop and implement power pole relocation plan
Deliverables: 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 channel 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 including public outreach
. Engineering Oversight and Project Management
. Addendums or revisions to design plans and specifications
. Site Visits
. Inspection and Testing
. Construction Observation
. Final Certification
Deliverables: Certification of 50% Construction Completion
Page 4 of8, Agreement 460000 1 684-AOI
Agenda Item No. 1681
December 1, 2009
Page 11 of 14
.
"C~
TASK 6: LELY MANOR CANAL (SOUTH PORTION)
A. Construction Bidding
This includes completion of the construction bidding process needed through issuance of the
Notice-to-Proceed with construction.
. Bidding
. AdvertisinglDistribution of Bid Specifications
. Bid Specification Addendums, as required
. Bid Opening
. Bid Technical/Commercial Review
. Selection ofContractor(s)
. Authorization ofContractor(s)
. Insurance Requirements
. Issuance ofNotice-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
· Develop and implement power pole relocation plan
Deliverables: 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 channel 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 including public outreach
. Engineering Oversight and Project Management
. Addendums or revisions to design plans and specifications
. Site Visits
. Inspection and Testing
. Construction Observation
. Final Certification
Deliverables: Certification of 50% Completion Construction
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Page 5 of 8, Agreement 4600001 684-AOl
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."'genda Item No. 1681
December 1, 2009
Page 12 of 14
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EXHIBIT "Bl"
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) Construction
Bidding
Notice to Proceed 2 months
(B) Mobilization
Contractor's 3 months
schedule and Work
Plan
Certification of 8 months $200,000
50% Construction
Com letion
(C) Construction
Task 2 Total SFWMD/BCB Share
$200,000
Page 6 of8, Agreement 4600001684-AOI
Agenda Item No. 1681
December 1, 2009
Page 13 of 14
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(A) Construction Bidding
Notice to Proceed 2 months
(B) Mobilization and Clearing
Contractor's 3 months
schedule and Work
Plan
Certification of 8 months
50% Construction
Completion
$200,000
(C) Construction ofLely Main Canal-East/West
Portion South Rattlesnake Rd.
Task 4 Total SFWMD/BCB Share
$200,000
(A) Construction of Bidding
Notice to Proceed 2 months
(B) Mobilization and Clearing
Contractor's 3 months
schedule and Work
Plan
Certification of 8 months $500,000
50% Construction
Com letion
(C) Construction of Lely Manor Canal West
Outfall (South Portion)
Task 5 Total SFWMD/BCB Share
$500,000
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Page 7 of8, Agreement 4600001684-AOl
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Agenda Item No. 1681
December 1, 2009
Page 140f14
(A) Bidding of Construction
Notice to Proceed
(B) Mobilization and Clearing
Certification of 3 months
50% Construction
Com letion
Certification of 8 months $500,000
50% Construction
Com letion
(C) Construction ofLely Manor Canal West
Outfall (North Portion)
Task 6 Total SFWMD/BCB Share
$500,000
* All dates are referenced from the date of execution of this agreement and are estimated.
** The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above.
Page 8 of8, Agreement 4600001684-AOl