Backup Documents 12/01/2009 Item #16B1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed, lfthe 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 Sue Filson (line #5).
168
1
Route to Addressee(s) Office Initials Date
(List in routino order"
1.
2.
3,
4,
A
5, ~ In I , Executive Manager Board of County Commissioners .fA- It/,/o'J
\ ~ N "" I TeH ",1-'-
6, Minutes and Records Clerk of Courts Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Margaret Bishop Phone Number (239) 252-5857
Contact
Agenda Date Item was 12/1 /09 Agenda Item Number 16BI
Annroved bv the BCC
Type of Document SFWMD Agreement Amendment Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
annronriate, (Initial) Aoolicable)
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, l1;1a~
resolutions, etc, signed by the County Attorney's Omce 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 oossiblv State Officials.)
2, All handwritten strike-through and revisions have been initialed by the County Attorney's Jrqi>
Office and all other narties excent the BCC Chairman and the Clerk to the Board
3. The Cbairman's signature line date has been entered as the date ofBCC approval of the /ft4 t:.
document or the final ne~otiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ?r-o.tJ
si~nature and initials are reouired.
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. )r. Q {j
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware ofvour deadlines!
6. The document was approved by the BCC on 12/1/09 and all changes made during the
meeting have been incorporated in the attached document. Tbe County Attorney's Office ""a'6.
has reviewed the chan"es, if annIicable.
I: Forms! COlmty Forms/ Bee Forms! Original Documents Routing Slip
WWS OriginaI9.03.04
MEMORANDUM
Date:
December 2, 2009
To:
Margaret A. Bishop, Sf. Project Manager
Transportation Stormwater Mgmt.
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
SFWMD Agreement Amendment
Attached are two original Agreement Amendment documents referenced
above, (Agenda Item #16Bl) approved by the Board of County
Commissioners on Tuesday, December 1, 2009.
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 252-7240.
Thank you.
Attachments (2)
168 1
8.'..'
i,tl:JI
ORIGINAL16B
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
1
4600001684-AOl
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 cntering 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:
I. 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 ofthis AGREEMENT.
Amendment No. 01 to Agreement No. 4600001684 -- Page 1 of2
168 1
(9
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3,
The Payment and Deliverable Schedule, Exhibit "B", is hereby revised to include Exhibit
"B I", 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
~"v'?n Hundred Thousand Dollars and No Cents ($2,700,OOO.OO)')1ld4-
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
Date:
~1> ,
COLLIER COU~TY
ATTEST
DWIGHT E. BROe
BY~
-'twl .. toe 0It
I.II..au .,.
Item # lIP l? I
Agenda (.1. I 0'\
Date ~
Date ' J ^ \0<\
Rec'd ~
, GLER~
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By: (,t,jo"';'j
Donna Fiala
.~
Title:
Chairman
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Deput~, CO""" .\ltorney
AmendmentNo 01 to Agreement No. 4600001684 -- Page 2 of2
168 1
EXHIBIT "AI"
STATEMENT OF WORK
COLLIER COUNTY
STORMW A TER IMPROVEMENT PROJECTS FYIO
A. INTRODUCTION
The Big Cypress Basin Board budget has earmarked funding for FYIO 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 FYIO. 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 storm water 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/West South of Rattlesnake Hammock Rd. and Lely Manor Canal North and South
Portion:
PROJECT #4:
PROJECT #5:
PROJECT #6:
LELY MAIN CANAL-EASTIWEST
LELY MANOR CANAL SOUTH
LEL Y MANOR CANAL NORTH
The construction costs are estimated at $1,400,000 and 2,900,000 respectively.
Page 1 of 8, Agreement 460000 1684-AO 1
168 1
Thi3 is a cost-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 $1 ,200,000 (Ad Valorem) for this cooperative agreement.
B. OBJECTIVES
The purpose ofthis amendment is to provide funding for the construction of the following
projects:
. Lely Main Canal East to West South of Rattlesnake Hammock Rd.
The project will help to mitigate flooding by providing enhanced conveyance capabilities
and improving water quality in the East Naples/LeIy Area.
. Lely Manor Canal (North and South Portion)
This project will attenuate flooding by reducing flows and durations of water events in
the LeIy Manor Area while improving water quality of runoff discharged to Sandhill Bay
and eventually into Rookery Bay.
The start ofthe construction for both projects is scheduled for February 20ID.
C. SCOPE OF WORK
PROJECT #4. LEL Y MAIN CANAL - EAST/WEST
SOUTH OF RATTE SNAKE-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 developcd before watcr 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. LEL Y 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 cxisting canal is one of the two primary stormwater outfalls of the Lely Manor
Basin. The canal is dividcd in two sections (South and North) by a large wetland area where the
construction of a weir structure on the south sidc is proposcd.
Page 2 of 8. Agreement 4600001684-AOl
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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
dcliverables from its construction contractor(s) and consultant(s) to ensure that the project
obj ecti ves are met.
TASK 4: LEL Y MAIN CANAL - EAST/WEST
SOUTH OF RA TTESNAKE-HAMMOCK ROAD
A. Construction Bidding
This includes completion ofthe construction bidding process needed through issuance ofthe
Notice-to-Proceed with construction:
. Advertising/Distribution of Bid Specifications, Bid Specification Addendums, as required
. Bid Opening, Bid Technical/Commercial Review
. Selection ofContractor(s)
. Insurance Requirements
. Issuance of Notice-to-Proceed with Construction
Deliverable: Notice-to-Proceed with Construction
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 thc 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 of 8. Agreement 4600001 684-A01
Site Visits, Inspection and Testing
. Construction Observation
. Certification of 50% Completion
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1
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 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
. Develop and implement power pole relocation plan
Dcliverables: 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 ofthe channel in accordance with approved plans, specifications and permit
requirements
. Other construction activities that arc 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
Deliverab1es: Certification of 50% Construction Completion
Page 4 of8, Agreement 4600001 684-AOl
168 1
TASK 6: 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
. Advertising/Distribution 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
thc project objectives or completing the project scope including public outreach
. Enginecring Oversight and Project Management
. Addendums or rcvisions to design plans and specifications
. Site Visits
. Inspection and Testing
. Construction Observation
. Final Certification
Deliverables: Certification of 50% Completion Construction
Page 5 of8, Agreement 4600001684-AOl
EXHIBIT "Bl"
PAYMENT AND DELIVERABLE SCHEDULE
168
1
If the total consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year ofthis 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
deliverabIes.
· 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.
, TaskandDescription: .
Pue D~te'"
(From,
. con~t
execution)
. District,
'. ,No~~tQ~,
'Exceed
Payment'
**
TaskZ: Gl\t~wa.y TdaiJ.gle,
(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 of 8, Agreement 4600001684-AOl
16 B 1
Task and Description Due Date* District
Deliverables (From ' Not.to-
Task 4: Lely Main Canal contract Exceed
execution) Payment
, **
(A) Construction Bidding Notice to Proceed 2 months
(B) Mobilization and Clearing Contractor's 3 months
schedule and Work
Plan
(C) Construction ofLely Main Canal-East/West Certification of 8 months $200,000
Portion South Rattlesnake Rd. 50% Construction
Completion
Task 4 Total SFWMD/BCB Share $200,000
Task and Description
Task 5: Lely Manoi:CanaI (South Portion).
De}jverabIes
Due Date*
(Froin .
,. '.. .....,
contract'
"'\,: .......(.
executiOn)
District
Not-to..
Exceed
Payment
*iIo
(A) Construction of Bidding
Notice to Procecd 2 months
(B) Mobilization and Clearing
Contractor's 3 months
schedule and Work
Plan
Certification of 8 months $500,000
50% Construction
Completion
(C) Construction ofLely Manor Canal West
Outfall (South Portion)
Task 5 Total SFWMD/BCB Share
$500,000
Page 7 of8, Agreement 4600001684-AOl
Task and pes~ption
Task 6: Lely Manor Canal. (North ?ortion)
(A) Bidding of Construction
(B) Mobilization and Clearing
(C) Construction ofLely Manor Canal West
Outfall (North Portion)
Task 6 Total SFWMD/BCB Share
DeIiverabIes
Due Date*
(From
contract
execution)
Notice to Proceed 2 months
168 1
District
Not-to-
Exceed
Payment
**
Certification of 3 months
50% Construction
Completion
Certification of 8 months $500,000
50% Construction
Com letion
$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 of 8, Agreement 4600001684-A01