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Backup Documents 01/14/2020 Item #16A23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 3 ' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB C (� 1/14/20 4. BCC Office Board of County �3'('tt �J" Commissioners J I I-15- 5. Minutes and Records Clerk of Court's Office 'l f Cl/�3 o a:GD 96/ PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Mindy Lee Collier,Impact Fees and Program 252-6139 Contact/Department Management Division Agenda Date Item was 1/14/20 Agenda Item Number 16-A-23 / Approved by the BCC / V Type of Document SFWMD Agreement—Freedom P;gal Number of Original One Attached VVV Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature.TAMP OK -/ JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, ,k JAB provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this JAB routing slip should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the JAB N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signaturethis line. # C' .C,T,1 [04-COA-01081/1344830/1]1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 Crystal K. Kinzel ��w��c"�T CO�'R' (o� Collier County 1 Clerk of the Circuit Court and Comptroller 6 A 2 3 0 0 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 << 04� �R abUNTY.�' January 16, 2020 South Florida Water Management District Attn: Shawn Meyer, Project Manager Attn: Sharman Rose, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Mr. Meyer and Ms. Rose, Enclosed are two original Governmental Agreements (NO. 4600004125) approved by the Board of Collier County Commissioners on Tuesday, January 14, 2020. Please forward for additional signature and return one fully executed original back to my office (I have enclosed a return envelope) or email it to me at Teresa.Cannon@collierclerk.com. Any questions, Please contact me at 239-252-8411. Thank you, Teresa Cannon, Sr. Deputy Clerk Board's Minutes & Records Department 3299 Tamiami Trail E, #401 Naples, FL 34112 Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 16 A ORIGINAL PO NO. 950000 cigt'V3 vid, SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600004125 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS Agreement is entered into as ELB 2 8 202Oby 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 construction of Freedom Park Stormwater Channel Improvement Project; 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 February 1, 2020 meeting, approved entering into this Agreement with the COUNTY, NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the Freedom Park Stormwater Channel Improvement Project. 16A23 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 sixteen(16)months. 3. The total DISTRICT contribution shall not exceed the amount of $240,000. 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$240,000. 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$240,000 or 17%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 April 1, 2021 unless authorized through execution of an amendment to this Agreement to cover succeeding periods. 8. 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 Page 2 of 7,Agreement No.4600004125 3/21/18 16A23 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). 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 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. 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. Page 3 of 7,Agreement No.4600004125 3/21/18 (C71() 1 6 A i 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. 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 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. 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: Page 4 of 7,Agreement No.4600004125 3/21/18 0 16A23 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 (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 County Attn: Shawn Meyer,Project Manager Attn:Jerry Kurtz,Project Manager Attn: Sharman Rose,Contract Specialist Collier County Growth Management Department 3301 Gun Club Road 2685 South Horseshoe Drive,Suite 103 West Palm Beach, FL 33406 Naples, FL 34104 Telephone No.(561)682-2167 Telephone No.(239)252-5860 Email: shrose( isfwmd.gov Email: Gerald.Kurtz n,colliercountvfl.gov 20. COUNTY shall send its invoices and any attachments to APInvoice(a,sfwmd.gov and a 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; date; a description of the services performed, and the amount to be invoiced. COUNTY shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi; 2) name 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,the COUNTY must provide the above to the following address: Page 5 of 7,Agreement No.4600004125 3/21/18 16A23 South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach,FL 33416-4682 21. 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 the applicable sections of Chapter 218,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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 Page 6 of 7,Agreement No.4600004125 3/21/18 16A23 of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 28. 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. 29. 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. 30. Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 —29 (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 BY ITS GOVERNING BOARD By: Drew Bartlett, Executive<Director By: do �� A_u Candida Heater,Director Administrative Services Division SFWMD PROCUREMENT APPRO By: Date: a 5 VC% BOARD OF COUNTY : u SSIONERS OF COLLIER 11) COUNTY,FLO0) C• By: Approve si •n• egality Name of Authorized Individual 01,/ William L. McDaniel,Jr ter,' i Title: Chairman Jeffrey A. r ko , ounty Attorney ,. ATTEST: ' C-Y ELK KIN - ,CLEIRIceL Page 7 of 7,Agreement No.4600004125 DepWt CIetk,\` Attest as to Chairman's ' 3/21/1$ signature only, 16A23 EXHIBIT"A" STATEMENT OF WORK COLLIER COUNTY Freedom Park Stormwater Channel Improvement Project 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District(DISTRICT)has allocated funding in Fiscal Year 2019-2020 to regional partners for construction and implementation of water quality, stormwater management and alternative water supply projects which meet objectives of the Big Cypress Basin Strategic Plan. This project is with Collier County(COUNTY)and is one of many identified in the Gordon River Master Plan aimed at decreasing flooding in areas west along Goodlette-Frank Road while improving water quality going to the Gordon River and into Naples Bay. The Freedom Park Stormwater Channel Improvements will increase conveyance through the channel on the north side of the park which will allow more water to drain from flooded areas to the north and east. Water quality will be improved by re-directing flows through planned spreader swale system on the east side of the park,severing the direct connection to the Gordon River and diverting all flows into the existing 12.5-acre wetland adjacent to the river. The Freedom Park stormwater channel is one of the primary sources of conveyance of stormwater for the upper Gordon River Basin. Increasing conveyance through the channel will allow stormwater to move more efficiently into the natural wetlands on the east end of the park before entering the Gordon River. This project will reduce flooding of residential areas to the north and east as well as improve Freedom Park's capacity to convey runoff to natural wetlands for additional nutrient uptake before entering the Gordon River. 2.0 OBJECTIVE General project objectives,which align with the mission of the DISTRICT,include managing water resources of the region by improving flood control and water quality. The project specific objectives are to improve flood control in residential areas west of Goodlette-Frank Road as well as improve water quality going to the Gordon River and into Naples Bay. 3.0 SCOPE OF WORK The COUNTY shall increase the volume of the storage basin and construct a new weir at the northwest corner of the park to allow for greater stormwater storage capacity (See Exhibit 1). Conveyance will be improved by increasing the width of the channel by 65 feet from top of bank to top of bank. Stormwater will be redirected to the natural wetlands in the park by constructing a spreader swale system while backfilling and replanting the remaining 400 feet of the direct connection to the Gordon River. The DISTRICT shall reimburse the COUNTY $240,000 or 17% of eligible expenses, whichever is less, based on the final plans. An amendment to the AGREEMENT may be necessary depending on the final plans. Eligible expenses consist of new Page 1 of 4,Exhibit"A"to Contract No.4600004125 (-4.0 16AZ3 components of the improvements along the channel at the north end of Freedom Park to reduce flooding and improve water quality for the area. Ineligible costs include, but are not limited to, permits,design,inspection, survey,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. Initiate construction activities per design plans,project specifications, and applicable permits. 4.2 Task 2 Complete 5%of construction activities which includes mobilization and clearing/grubbing of the channel. 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). 4.3 Task 3 Continue construction activities per design plans,project specifications,and applicable permits. Submit quarterly status reports(Exhibit"C")to the DISTRICT Project Manager which provides 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. 4.4 Task 4 Submit a Certification of Completion(100%)by the engineer of record to the DISTRICT Project Manager indicating the project was constructed 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 Page 2 of 4,Exhibit"A"to Agreement No.4600004125 11/25/2019 16A23 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,Exhibit"A"to Agreement No.4600004125 11/25/2019 06, J ( i 1 6 A 2 3 Exhibit 1: Project Key Components Overview iiiiii-iiAjimikke-7rg"---- Cf) --0 -2.....#402•0104/1_ ____, iail c:17). B= V ffill--7 m c.iiii Air( _. 0 = "-c3 Ai 8-to v"-Iftti , = _ -,.- • - •7` 0 -'`.1 7 i. , , -,..„.., , .. .., .,..„,, 4 , , ‘,....,. ,,D ,f .7- t _ c) ,_-7-..: : • f---7- lit' z A , ' 'k .., I - 1‘ , hi 4'- 110 CD , , 1 * - - o-s, _ ' -• N.. -4,.;;;: , - ,'5 • • • • • 1 ,----- c•- , C.) Cf) C) m * y L.,„ .....• r. , °`' -- ---% 0 CD 0 >< —1 < = -c5 c).:. . :it , CD- CD 0) sa.) cr. _„.. o -1 ---- = = --- ...._ ,..... ... - ' = o_ 2 ca_ ,,,_ , • 5--) 7:3 7--.-- - --It_ , • . I < C) = CD CD — —1 C) C:) * RI- • It * = Cf) ;------i: cp c-a: = -c3 - CD CD = C, iii a) . --......... CD 5- yr , - 4••• , .---+: = . ... . . 6 w cc, — ._ * --' --• 11' ,.1 E1) 6..........i)-11. CD , - i I .. U) • . -C) C-13c) (f) S1) cp ii CD I CD ci) , CD ••••••4.- •.- ...""i Al............... ."-"I ' • f Ci) 2 ci . ' A",•Pc?‘ere. ,---.: I4P7441"11° 0 0 # 1 1 .,. = „,- ,. • 1/44 • I .. , 4, z._ 4 t ni _ lit -- -- • ' g — ... ----.1 N ... 0'., Page 4 of 4, Exhibit"A"to Agreement No.4600004125 11/25/2019 16A23 EXHIBIT"B" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY Freedom Park Stormwater Channel Improvement Project The schedule set forth below is from the date of execution to April 1, 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 Package 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 Package shall adequately demonstrate completion of each Task in accordance with Exhibit "A" and shall include,but not be limited to, a copy of the 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. In the event that actual eligible expenditures are less than expected for a particular Task, the COUNTY may apply the unexpended balance towards another Task consistent with the funding limitation percentage specified below. The COUNTY shall provide prior written notice to the DISTRICT Project Manager of its decision to apply the unexpended balance toward another Task. 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$240,000 or 17%of eligible expenditures for the project,whichever is less. Page 1 of 2,Exhibit"B"to Agreement No.4600004125 11/25/2019 C 16A23 DISTRICT Estimated COUNTY Not-To- Project Task Deliverable(s) Due Date Share Exceed Cost (83%) Share (100%) (17%) o Design Plans,Project 1 Specifications, Bid Amount July 1,2020 N/A N/A N/A Documentation,and NTP Complete 5%of construction activities which include mobilization 2 and clearing/grubbing of the August 31,2020 $59,750 $12,000 $71,750 channel. Reimbursement Request Package October 1 2020 N/A N/A N/A 3 Exhibit"C" - Quarterly ' Status Report January 4, 2021 N/A N/A N/A Final Report Complete 100%of construction activities per 4 design plans,project April 1,2021 $1,135,300 $228,000 $1,363,250 specifications,and applicable permits. Reimbursement Request Package Total $1,195,050 $240,000 $1,435,000 Page 2 of 2,Exhibit"B"to Agreement No.4600004125 11/25/2019 16A23 EXHIBIT"C" COLLIER COUNTY QUARTERLY STATUS REPORT Freedom Park Stormwater Channel Improvement Project 1.0 DATE OF THIS REPORT 2.0 NAME AND TITLE OF PERSON COMPLETING THIS REPORT 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE 4.0 DISCUSSION OF OVERALL PROJECT STATUS 5.0 EXPLANATION OF CONFLICTS,IF ANY,WHICH MAY AFFECT CONSTRUCTION PROGRESS OR PROJECT PERFORMANCE 6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED TO THIS REPORT FOR FURTHER CLARIFICATION OF DETAILS CONTAINED IN CONSTRUCTION ACTIVITIES,NARRATIVE,OVERALL PROJECT STATUS, DISCUSSION,AND/OR CONFLICTS EXPLANATION Page 1 of 1,Exhibit"C"to Agreement No.4600004125 11/25/2019 i