Backup Documents 02/10/2009 Item #10B
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. 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 Sue Filson (line #5).
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Route to Addressee(s) Office Initials Date
(List in routing: order)
L
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courts Office
PRIMARY CONTACT 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 ofthl~ addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents nceding the Bee Chairman's signature are to be delivered to the Bee ollice only aller the Bee has acted to approve the
item.)
Name of Primary Staff Brandy Otero Phone Number 252-5859
Contact
Agenda Date Item was 2/1 0/09 Agenda Item Number lOB
Approved bv the BCC
Type of Document Agreement N umber of Original 2
Attached Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
aooronriate. (Initial) Aoolicable)
L Original document has been signed/initialed for legal sufficiency. (All documents to be BO
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 rrom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages rrom
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 N/A
Office and all other oarties exceot the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the N/A
document or the final negotiated contract date whichever is apolicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~
signature and initials are reauired.
5. In most cases (some contracts arc an exception), the original document and this routing slip BO
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 Bee's actions arc nullified. Be aware ofvour deadlines!
6. The document was approved by the BCC on ..2/1 0/09 __ and all changes made during the ~
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes, if aoolicable.
INSTRUCTIONS & Cm:CKLIST
I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip
WWS Original 9.03.04
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MEMORANDUM
Date:
February 11,2009
To:
Brandy Otero, Operations Analyst
Trans/Stormwater Management
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement #4600001684 between:
Collier County and South Florida Waer Management
Attached please find two (2) original of the document referenced above,
(Agenda Item #10B), which was approved by the Board of County
Commissioners on Tuesday, February 10, 2009.
Please forward a fully executed original to our office to be kept
as part of Board's permanent record.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosure
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@)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001684
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
THIS AGREEMENT is entered into as of the by and between
the South Florida Water Management District (DISTRICT) and Collier County (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 construction of storm water management systems at 3 sites; 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 January 13,2009 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:
I. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
availability of funds and in accordance with their respective authorities for (I)
construction of Phase IB North of the Lely Main Canal (between Rattlesnake -
Hammock Road and US41); (2) completion of construction of Phase II of the Gateway
Triangle; and (3) construction of Pump Station & Wetland Creation at the Gordon River
Water Quality Park.
Agreement No. 4600001684 - Page I of?
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2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period ofTen (10) Months.
3. The total DISTRICT contribution shall not exceed the amount of One Million Five
Hundred Thousand Dollars and No Cents ($1,500,000.00). The DISTRICT will provide
the full amount based on 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 $1 ,500,000.00. In no event shall
the DISTRICT be liable for any contribution hereunder in excess of this amount. If the
total consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to
Governing Board budgetary appropriation. In the event the DISTRICT does not approve
funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total approximate amount of One Million Five
Hundred Thousand Dollars and No Cents ($1,500,000.00} 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, 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
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,
Agreement No. 4600001684 - Page 2 of 7
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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.
I L 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 ofthis provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds ofrace, 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.
Agreement No. 4600001684 - Page 3 of?
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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 govenunental 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 Availabilitv of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all
financial/non-financial records through:
(1) Identification of the state or federal awarding county, 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
Agreement No. 4600001684 - Page 4 of 7
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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
county, the state's
Chief Financial Officer and the state's Auditor General and/or federal awarding county
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
Stormwater Department
Attn: Max Guerra, Project Manager
Telephone No. (239) 597-1505 exl. 7612
Attn: Jerry Kurtz, P.E. Principal Project
Manager
Telephone No. (239) 213-5860
Attn: Rupert Giroux, Contract Specialist
Telephone No. (561) 682-2532
Address:
2885 Horseshoe Drive South
Naples, FL 34104
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
Invoices shall be sent to the attention of Accounts Payable at the District's address above.
19. 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.
20. 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.
21. 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.
Agreement_~~.??0001684 - Page 5 of7
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22. 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.
23. 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 othelWise.
24. 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.
25. 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.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs I - 24
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
THIS SP ACE INTENTIONALLY LEFT BLANK
Agreement No. 4600001684 - Page 6 of?
10 B
/'.
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
BY ITS GOVERNING BOARD
By:
Frank Hayden, Director of Procurement
SFWMD Procurement Approved
By:
Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS,
COLLIER CO Y, FLORIDA I ~
By ~~~
Donna Fi la, Chairman
ATTEST:
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< ..'. ..\/ . .
(P~puty Clerk,---
Attnt H. to.l:kf'NM ,
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s to form and I:? :u:~cienc~:
R. each, Deputy County Attorney
Agreement No. 4600001684 - Page? of?
108
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EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
STORMW A TER IMPROVEMENT PROJECTS FY09
A. INTRODUCTION
The Big Cypress Basin Board budget has earmarked funding for FY09 for implementation of watershed
restoration projects that benefit the Naples Bay Initiative. Under this Initiative are three projects
addressing important water restoration and management issues in Collier County.
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.
This Statement of Work identifies the location of the three stormwater improvement projects for Collier
County:
PROJECT #1: LEL Y MAIN CANAL-CONSTRUCTION PHASE IB NORTH
(BETWEEN RATTE SNAKE-HAMMOCK ROAD AND US 41)
This project is a component of the Lely Area Stormwater Improvements Project known as LASIP. The
LASIP will provide a comprehensive stormwater outfall system for this area of East Naples, which has
experienced an increased level of drainage related problems as growth has continued in the area. The
drainage area of LASIP consists of about 11,135 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.
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
generally good at present but could be expected to deteriorate unless an improved water management
outfall system for the area is developed
The Lely Main between US41 and Rattlesnake Hammock Road is a portion of LA SIP that is estimated to
cost $3,192, 491. The District's cost share amount shall not exceed 50% of the combined total project
cost and in no event shall the District's total obligation exceed $1,000,000 (Ad Valorem funding). The
County is responsible for any additional funds either through local revenues, grants, other appropriations,
and/or other funding sources.
PROJECT #2: GATEWAY TRIANGLE
COMPLETION OF CONSTRUCTION OF PHASE II
The Gateway Triangle is a highly urbanized residential/commercial area adjacent to Naples Bay. The
existing stormwater management facility is old, inadequate, and unable to provide relief from urban
flooding. Uncontrolled/untreated stormwater runoff continues to carry heavy loads of pollutants directly
into Naples Bay. In 200 I, the District and Collier County sponsored a stormwater retrofit project
Page 1 of8, Agreement 4600001684
108
involving the installation of an outlet control and backflow prevention valves, but much more needs to be
done.
The Gateway Triangle project will provide additional water quality improvements by draining a large
portion of the area to a detention pond for treatment, as well as by increasing discharge rates to reduce
flooding with help of a pump station. The pond will normally discharge per gravity to the US41
stormwater system as it does currently. If the inflow to the pond exceeds the rate of gravity discharge, the
water surface in the pond will rise to a level (2.25' NGVD) that will activate one of three pumps. Should
the level in the pond continue to rise to a higher stage a second pump will be turned on. A third pump
will act as a back-up.
These pumps will discharge to other outfall points: the Palm Street ditch to the west, and the Brookside
Drive canal to the north. When the overall project is completed, the design is intended to produce a
system that will attenuate stormwater such that, following the 10-yr storm, roads will drain in a matter of
hours as opposed to days as it does now. The area is tidal and so during periods of higher tides, absolute
drainage typically is unachievable.
This is a cost-share project with funding coming from the District and Collier County. The project is
expected to cost approximately $3.5 to $4.5 million. The District's share will be $200,000 (Ad Valorem
funding). Collier County's share will be the balance. In no event shall the District's total obligation
exceed $200,000 as specified above. The County is responsible for any additional funds either through
local revenues, grants, other appropriations, and/or other funding sources
PROJECT #3: GORDON RIVER WATER QUALITY PARK
CONSTRUCTION OF PUMP STATION &
WETLAND CREATION
Collier County is currently constructing the Gordon River Water Quality Park (aka Freedom Park) which
is a water quality treatment park that will help "Save the Naples Bay" from harmful pollutants and
alleviate flooding problems in surrounding areas. The park will also provide a number of passive,
recreational, habitat protection, and educational uses. The proposed site is a 50 acre parcel of County
owned property located on the northeast comer of Goodlette-Frank Road and Golden Gate Parkway.
The stormwater run-off within this watershed discharges directly into the Gordon River, proceeds to
Naples Bay and ultimately makes its way to the Gulf of Mexico. For more than three decades, the Naples
Bay has been subjected to increased pollution as a result of extensive land development in Collier County.
The development has also caused a rise in the volume of stormwater runoff, which has led to the flooding
of certain areas within the Gordon River Basin. Land development growth continues to present major
challenges to the existing Collier County stormwater network and requires innovative solutions and
improvements to the system in order to accommodate the needs within the region.
The Gordon River Water Quality Park will provide flooding relief and treatment of stormwater runoff
from the Gordon River Extension Basin. The project combines wetland and upland habitats, trails,
boardwalks, educational facilities, and extensive native landscape within a passive park setting that will
intrigue and educate nature enthusiasts.
This is a cost-share project with funding coming from the District and Collier County. The estimated cost
for FY09 of the project is $1,200,000. Total payment by the District shall not exceed the amount of
$300,000 (Ad Valorem funding) for this cooperative agreement.
Page 2 of 8. Agreement 4600001684
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B. OBJECTIVES
The purpose ofthis Statement of Work is to provide funding for the construction of the following
projects:
. The project will help to mitigate flooding by providing enhanced conveyance capabilities and
improving water quality in the East Naples/Lely Area.
. Gateway Triangle Phase II, this project will attenuate flooding by reducing flows and durations of
water events in the Gateway Triangle Area while improving water quality of runoff ultimately
discharged to Naples Bay.
. Water Quality Park, the project will involve the creation of wetland littoral zones and
construction of stormwater facilities to provide attenuation and treatment for flows discharging
into the Gordon River and Naples Bay. Approximately 15 acres of newly constructed wetlands
will be created for the water quality portion of the lakes and cascading pond system
C. SCOPE OF WORK
1. LEL Y MAIN CANAL - PHASE 18 NORTH (BETWEEN RA TTESNAKE- HAMMOCK
ROAD AND US 41)
Collier County shall construct the Lely Main Portion of LASIP between US41 and Rattlesnake Hammock
Road. This project consists of construction of the channel to the designed cross section with gabions on
the banks, increasing the flow capacity. It is a continuation of the construction in 2007 of the Lely Branch
Canal that feeds into the Lely Main.
As part of its cost share, Collier County developed the design and obtained the necessary permits for this
project. The necessary SFWMD and USCOE permits have been issued for this portion of the project.
This Statement of Work provides support for the construction and construction management of the
stormwater management system improvements associated with LASIP.
This project is intended to correct the serious drainage problems within this portion of East Naples. Land
use within the basin consists of I) modern developments, which incorporate improved water management
systems consistent with current design requirements, and 2) older existing neighborhoods that were
developed before water management systems were required. The latter areas provide little if any water
quality improvements for stormwater runoff. Thus, the stormwater management problems are twofold:
flooding due to low elevation and poor water quality treatment ofthe stormwater runoff before it flows to
its outfall.
2, GA TEW A Y TRIANGLE - COMPLETION OF CONSTRUCTION OF PHASE II.
Collier County shall complete the construction of Phase II, which consists of: additional portion to the
detention pond, remaining inflow and discharge piping, and catch basins and other necessary structures.
The Environmental Resource Permit (ERP) issued by South Florida Water Management District was
issued June 21, 2006.
Page 3 of 8, Agreement 4600001684
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3. GORDON RIVER WATER QUALITY PARK- CONSTRUCTION OF
STORMA WATER FACILITIES & WETLAND CREATION
Collier County shall construct the stormwater facilities and create the wetland area. The scope of work
includes all labor, materials, supervision, equipment, supplies, tools, services, and all other incidentals
required to perform all constructed created wetlands work covered by this proposed contract.
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.
TASK 1:
LEL Y MAIN CANAL PHASE 1B NORTH - (BETWEEN RA TTESNAKE-
HAMMOCK ROAD AND US 41)
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 TeclmicallCommercial 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
. Site Visits, Inspection and Testing
. Construction Observation
Page 4 of 8, Agreement 4600001684
108
. Certification of 50% Completion
Deliverables: Certification of 50% Completion of Construction
TASK 2:
GA TEW A Y TRIANGLE - COMPLETION OF CONSTRUCTION OF
PHASE II.
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 projecI management of the construction activities
as identified below, as required.
. Construction of Phase II of the Gateway Triangle Stormwater Management System
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 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
Page 5 of8, Agreement 4600001684
lOB
,..,
'~I
Oeliverables: Certification of 50% Completion Construction of Phase II
TASK 3:
GORDON RIVER WATER QUALITY PARK - CONSTRUCTION OF
STORMAWATER FACILITIES & WETLAND CREATION
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. Installation of Pump Station at the Gordon River
The installation of a pump and HOPE pipe to transfer water from the Gordon River to the created
wetlands for water quality improvement will be constructed. Once permitting is complete, the installation
will commence.
C. Landscaping
The park will include Florida native species to promote the natural environment and promote wildlife
utilization. All wetland areas will be planted with wetland species and upland areas will be planted with
low maintenance species to promote water conservation.
Oeliverables: Certification of 50% Completion of Construction
Page 6 of8, Agreement 4600001684
108
EXHffilT "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) Construction Bidding
1;>istrict
t:fQt~tQ-
Sxceed
tl~me!it *~
$500,000
(B) Mobilization and Clearing
Contractor's 6 months
schedule and Work
Plan
Certification of 50% 8 months
Construction
Completion
$500.000
(C) Construction of LASIP phase IB north (Lely
main between Rat-Ham and US41)
Task I Total SFWMD/BCB Share
$1,000,000
Page 7 of8, Agreement 4600001684
lOB
task and~scription
Deliverables
Due Date.
(Froin
contract
execution
3 months
Task 2; Gateway Triangle
(A) Construction
Bidding
Notice to Proceed
(B) Mobilization
Contractor's
schedule and Work
Plan
Certification of 50% 6 months
Construction
Completion
6 months
(C) Construction
$200,000
Task 2 Total SFWMD/BCB Share
$200,000
. District .
'Nllt-tU- .
. Ex~eed
Paimt .*
(A) Bidding of Construction
Notice to Proceed
3 months
(B) Pump Station
Certification of 50% 6 months
Construction
Completion
Certification of 50% 6 months
Construction
Completion
$200,000
(C) Landscaping
$100,000
Task 3 Total SFWMDfBCB Share
$300,000
* 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
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