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Agenda 09/14/2021 Item #16A45 (Time Extension Contract Agreements for Various Projects)09/14/2021 EXECUTIVE SUMMARY Recommendation to approve time extension contract amendments for Agreement No. 4600004128 for the Griffin Road Stormwater Improvement Project (60196), Agreement No. 4600004125 Freedom Park Stormwater Channel Improvement Project (60102), and Agreement No. 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project (60142) between the South Florida Water Management District and Collier County. OBJECTIVE: To approve contract amendments between South Florida Water Management District and Collier County for Agreement 4600004128 for the Griffin Road Stormwater Improvement Project (60196), 4600004125 Freedom Park Stormwater Channel Improvement Project (60102), and 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project (60142). CONSIDERATIONS: On January 14, 2020 (Item 16.A.22), the Board approved Agreement No. 4600004128 with the Big Cypress Basin (BCB)/South Florida Water Management District (SFWMD) for the Griffin Road Area Stormwater Improvement Project for the installation of stormwater flood control structures along Griffin Road, Price Street, and Barefoot-Williams Road. The funding Agreement was for a forty percent (40%) reimbursement of eligible expenses, up to a maximum of one hundred eighty thousand dollars ($180,000). On January 14, 2020 (Item 16.A.23), the Board also approved partnership Agreement No. 4600004125 with BCB/SFWMD for the Collier County Freedom Park Stormwater Channel Improvement Project to widen the ditch and add a spreader swale to improve water quality prior to stormwater entering the Gordon River. The funding Agreement was for a maximum of two hundred forty thousand dollars ($240,000). Both the Griffin Road Area Stormwater Improvement Project and the Freedom Park Stormwater Channel Improvement Project experienced unforeseen delays in the design development and bidding of projects. The Freedom Park Ditch required additional design of an enhanced water control structure at the west end of the ditch and the flow diversion structure at the east end of the project. The Griffin Road Project experienced delays due to the final approval of a needed easement (now complete) and revisions to plans that were identified during bidding. Both projects are now nearing completion. This Amendment provides an updated project time frame with revised completion dates. These delays and new terms of these Agreements have been discussed and reviewed by the South Florida Water Management District and are included as part of the attached amended Agreements for these projects. On November 14, 2017 (Agenda Item 16.A.13), the Board approved entering into Partnership Agreement No.4600003762 with the BCB/SFWMD for stormwater and related construction costs for the West Goodlette Frank Road Joint Stormwater-Sewer Project. The funding Agreement was for a forty percent (40%) reimbursement of eligible expenses, up to a maximum of eight hundred thousand dollars ($800,000). The project is currently under construction and is nearly complete. However, there have been several delays not anticipated in the estimated schedule and this Amendment provides an updated construction time frame. The following are the key changes that have been made to the Agreements: 16.A.45 Packet Pg. 1144 09/14/2021 4600004128 Griffin Road Stormwater Improvement: Term of the Agreement extended to November 29, 2021, definition of the term functional completeness added in Paragraph 4.3 (Task 3), and functional completeness date of Construction Activities extended to November 1, 2021. 4600004125 Freedom Park Stormwater Channel Improvement: Term of the Agreement extended to March 29, 2022, Definition of the term functional completeness added in Paragraph 4.3 (Task 3), and functional completion date of Construction Activities extended to February 1, 2022. 4600003762 West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement: Term of the Agreement extended to January 31, 2022, definition of the term functional completeness added in Paragraph 4.5 (Task 5), and functional completion date of Construction Act ivities extended to December 1, 2021. FISCAL IMPACT: There are no fiscal impacts associated with the approval of these Amendments. Grant funding in the amounts of $180,000, $240,000 and $800,000 and match funding in the amounts of $270,000, $1,195,050 and $1,200,000 have been previously appropriated within Growth Management Grants Fund (711) and Growth Management Match Fund (712) under projects 60142, 60102 and 60196 respectively. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact caused by these Amendments LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation to approve contract amendments to the South Florida Water Management District Agreement 4600004128 for the Griffin Road Stormwater Improvement Project (60196), Agreement 4600004125 Freedom Park Stormwater Channel Improvement Project (60102), and Agreement 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project (60142). Prepared By: Brittany Lazo, Associate Project Manager, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (PDF) 2. [Linked] Agreement No. 4600004128-A02 SFWMD - Griffin Road Stormwater Improvement (PDF) 3. Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement (PDF) 16.A.45 Packet Pg. 1145 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.45 Doc ID: 17746 Item Summary: Recommendation to approve time extension contract amendments for Agreement No. 4600004128 for the Griffin Road Stormwater Improvement Project (60196), Agreement No. 4600004125 Freedom Park Stormwater Channel Improvement Project (60102), and Agreement No. 4600003762 for the West Goodlette-Frank Road Area Joint Stormwater-Sewer Project (60142) between the South Florida Water Management District and Collier County. Meeting Date: 09/14/2021 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Heather Yilmaz 08/10/2021 1:59 PM Submitted by: Title: Director – Capital Project Planning, Impact Fees, and Program Management Name: Matthew McLean 08/10/2021 1:59 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 08/10/2021 2:05 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 08/10/2021 2:08 PM Growth Management Department Lissett DeLaRosa Additional Reviewer Completed 08/11/2021 11:15 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 08/12/2021 6:13 AM Capital Project Planning, Impact Fees, and Program Management Brittany Lazo Additional Reviewer Completed 08/16/2021 8:24 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/16/2021 10:37 AM Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 08/16/2021 12:57 PM Growth Management Department Trinity Scott Transportation Completed 08/17/2021 7:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2021 8:16 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/18/2021 11:09 AM Grants Therese Stanley Additional Reviewer Completed 08/19/2021 6:19 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/29/2021 4:25 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 10:53 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.A.45 Packet Pg. 1146 16.A.45.a Packet Pg. 1147 Attachment: Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (17746 : Contract Amendments 16.A.45.a Packet Pg. 1148 Attachment: Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (17746 : Contract Amendments 16.A.45.a Packet Pg. 1149 Attachment: Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (17746 : Contract Amendments 16.A.45.a Packet Pg. 1150 Attachment: Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (17746 : Contract Amendments 16.A.45.a Packet Pg. 1151 Attachment: Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (17746 : Contract Amendments 16.A.45.a Packet Pg. 1152 Attachment: Agreement No. 4600004125-A02 SFWMD - Freedom Park Stormwater Channel Improvement (17746 : Contract Amendments 16.A.45.c Packet Pg. 1153 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement (17746 16.A.45.c Packet Pg. 1154 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement 16.A.45.c Packet Pg. 1155 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement 16.A.45.c Packet Pg. 1156 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement (17746 16.A.45.c Packet Pg. 1157 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement 16.A.45.c Packet Pg. 1158 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement (17746 16.A.45.c Packet Pg. 1159 Attachment: Agreement No. 4600003762-A04 SFWMD - West Goodlette-Frank Road Area Joint Stormwater and Septic Tank Replacement (17746 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600004128-A02 AMENDMENT NO. 02 TO AGREEMENT NO.4600004128 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT LIKE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This AMENDMENT NO. 02, is entered into on to that Agreement dated February 28, 2020, and as amended on January 26, 2021 (A01), between "the Parties," the South Florida Water Management District (District), and Board of County Commissioners of Collier County, Florida (County). Background 1. The Governing Board of the District, at its February 1, 2020 meeting, approved entering into this Agreement with the Parties for Griffin Road Area Stormwater Improvement Project. 2. The term of the Agreement was fourteen (14) months. 3. The Parties amended the Agreement to extend the period of performance, revise the Statement of Work, and revise the Payment and Deliverable Schedule (AO 1) of the Agreement. 4. The Parties wish to amend the Agreement to extend the period of performance, revise the Statement of Work, and revise the Payment and Deliverable Schedule of the Agreement. Terms and Conditions 5. The term of the Agreement is hereby extended by two (2) months and the expiration date, as amended, is November 29, 2021. Regardless of the actual date of execution, this AMENDMENT NO. 02 shall be effective as of September 29, 2021. 6. This AMENDMENT NO. 02 shall be at no additional cost to the District. 4600004128-A2, Page 1 of 2 CAO , 0- SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 7. The Statement of Work, attached as Exhibit "A-1" to the Agreement, is hereby amended by revising "Work Breakdown Structure" as set forth in Exhibit "A-2", attached hereto and made a part of this AMENDMENT NO.02. 8. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "B-2", attached hereto and made a part of this AMENDMENT NO.02. 9. 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.02 on the date first written above. SFWMD PROCUREMENT APPROVED DY . 15749a,`L,cCZ-GZ9 ATE: 8/09/2021 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ME Candida Heater, Director Administrative Services Division ATTEST CRYSTAL K. KINZEL, CLERK. BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Title: -m and legality k Jeffrey A. Matz{ §w, County Attorney 4600004128-A2, Page 2 of 2 CAO EXHIBIT "A-2" STATEMENT OF WORK COLLIER COUNTY Griffin Road Area Stormwater Improvement Project 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) 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 for improving flood control along Griffin, Price, and Barefoot - Williams Road. Properties along these roads utilize wells and septic systems and become inundated due to inadequate flow through the Barefoot -Williams Road swale. The project is located just southwest of the US41 and CR-951 intersection and is part of a multi -phased effort to reduce flooding impacts in the Barefoot -Williams Road area. Flow restrictions in the Barefoot -Williams Road swale are creating elevated surface water staging which pushes westward via existing cross drains under Barefoot -Williams Road at Price Street and Griffin Road which causes residential properties on wells and septic systems to become inundated. This, in turn, creates a public health issue and allows stormwater to pick up additional nutrients. As waters recede, untreated nutrients are pulled into the area's receiving waters that ultimately flow into the Rookery Bay National Estuarine Research Reserve (RBNERR). 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 along Griffin, Price and Barefoot -Williams Road which currently reside on wells and septic systems. Water quality will also be improved via additional nutrient uptake as increased flows move through various water quality treatment features of the Artesia Flowway Bypass System before entering the RBNERR. 3.0 SCOPE OF WORK The COUNTY shall improve flood control along Griffin, Price, and Barefoot -Williams Road (See Exhibit 1) by: • Replacing an existing single 36" corrugated metal (CMP) driveway culvert and a single 24" high density polyethylene (HDPE) at 850 Barefoot -Williams Road with double 36" HDPE culverts • Replacing an existing single 36" CMP crossing under Price Street with double 29"x45" elliptical reinforced concrete pipes • Replacing an existing 42" CMP at 1000 Barefoot -Williams Road with double 36" IIDPE culverts • Replacing an existing slotted inlet structure at the current southern end of the Barefoot -Williams Road ditch with a larger structure Page 1 of 3, Exhibit "A-2" to Agreement No. 4600004128 CA?) The DISTRICT shall reimburse the COUNTY $180,000 or 40% of eligible expenses, whichever is less, based on the final plans. The plans shall clearly indicate existing and proposed stormwater appurtenances. An amendment to the AGREEMENT may be necessary depending on the final plans. Eligible expenses consist of new components of the improvements along Barefoot -Williams Road 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 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, and a description of other pertinent information attached to the quarterly status reports such as project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. 4.3 Task 3 Achieve functional completeness of the project per design plans, project specifications, and applicable pen -nits. Functional completeness is defined throughout herein as installed, backfilled, tested, cleared for use, and placed into service and ROW to ROW restoration, less landscape/sod and roadway lime rock and asphalt placement. Submit a final report to the DISTRICT Project Manager which provides a narrative of the project and confinnation that the project is considered to be functionally complete. 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 2 of 3, Exhibit "A-2" to Agreement No. 4600004128 CCA� Exhibit 1: General Location of Stormwater Improvements Page 3 of 3, Exhibit "A-2" to Agreement No. 4600004128 EXHIBIT "B-2" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY Griffin Road Area Stormwater Improvement Project The schedule set forth below is through November 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 $180,000 or 40% of eligible expenditures for the project, whichever is less. Page 1 of 2, Exhibit "B-2" to Agreement No. 4600004128 CAC DISTRICT Estimated COUNTY Not -To- Project Task Deliverable(s) Due Date Share Exceed Cost (60%) Share (100%) (40%) Design Plans, Project 1 Specifications, Bid Amount February 2, 2021 N/A N/A N/A Documentation, and NTP 2 Exhibit "C" - Quarterly Status May 3, 2021 N/A N/A N/A Report Final Report Achieve functional completeness of the project per November 1, 3 design plans, project 2021 $270,000 $180,000 $450,000 specifications, and applicable permits. Reimbursement Request Package Total $270,000 $180,000 $450,000 Page 2 of 2, Exhibit "B-2" to Agreement No. 4600004128 D