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Backup Documents 09/14/2021 Item #16A45 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b Q 4 5 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. County Attorney Office CAO %AK n �_ 2. Board of CountyCommissioners Office BOCC �‘ki t . —Dl 3. Minutes and Records Clerk of Court's Office rAJ C11111.2074 q: 'cti 4. Send to for signature: Lisa Abatemarco 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 Lisa Abatemarco Contact/ Department Agenda Date Item was September 14, 2021 Agenda Item Number 16.A.45 Approved by the BCC Type of Document Amendments Number of Original 3 Attached Documents Attached PO number or account 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 STAMP OK LA 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 LA 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 N/A 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 LA 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 LA signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LA should be provided to the County Attorney Office at the time the item is input into SIRE. 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_9/14/21 and all changes made N/A during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the • BCC,all changes directed by the BCC have been made,and the document is ready fo, Chairman's signature. I: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 1 6A45 MEMORANDUM Date: September 20, 2021 To: Lisa Abatemarco, Senior Operations Analyst Road Maintenance From: Martha Vergara, Senior Deputy Clerk Minutes & Records Department Re: 2"d Amendments to Agreements with SWFWMD for Agreement #4600004125 Agreement #4600004128 and Agreement #4600003762 Attached are one (1) original of each document referenced above, (Item #16A45) approved by the Board of County Commissioners on Tuesday, September 14, 2021. Please return a fully executed original back to Minutes & Records Department to be held in the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you Attachment 16A45 /fir{H M4N4 a �'= + fir' SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600004125-A02 AMENDMENT NO. 02 TO AGREEMENT NO. 4600004125 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This AMENDMENT NO.02,is entered into on hat 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 Freedom Park Stormwater Channel Improvement Project. 2. The term of the Agreement was sixteen (16) 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 (A01) 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 ofthe Agreement. Terms and Conditions 5. The term of the Agreement is hereby extended by five (5) months and the expiration date, as amended, is March 29, 2022. Regardless of the actual date of execution, this AMENDMENT NO. 02 shall be effective as of October 29,2021. 6. This AMENDMENT NO. 02 shall be at no additional cost to the District. 4600004125-A2, Page 1 of 2 S I 6 A 4 5 OP Tm `'`` �1 w ' SOUTH FLORIDA WATER MANAGEMENT DISTRICT N' '°s y')? 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. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: it 0 Candida Heater, Director �41 Administrative Services Division ,P ATTEST YSTAL K. ,CLERK SFWMMD PROCUREMENT APPROVED '4 'bATH:. 8/09/2021 Attest as to Chainman!s tignatyre only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI A By: ' a11448 44.1— Title: (� Appro e.:1. 1iand legality i Jeffrey A. I atzko f County Attorney 460000412E-A2, Page 2 of 2 C:A 16Ait5 EXHIBIT"A-2" STATEMENT OF WORK COLLIER COUNTY FREEDOM PARK STORMWATER CHANNEL 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 (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 Stonnwater 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 stonnwater 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. Stonnwater 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 Page I of 2.Exhibit"A-2"to Agreement No.4600004125 �AO -- -_ --- __ 1 6 A 4 5 , necessary depending on the final plans. Eligible expenses consist of new 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 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. 4.3 Task 3 Achieve functional completeness of the project per design plans, project specifications, and applicable permits. 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 confirmation 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 2,Exhibit"A-2"to Agreement No.4600004125 16A45 EXHIBIT"B-2" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY Freedom Park Stormwater Channel Improvement Project The schedule set forth below is through February 1, 2022. All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project Manager. Acceptability of all work will be based oil 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-2"to Contract No.4600004125 DISTRICT Estimated COUNTY Not-To- Project Task Deliverable(s) Due Date Share Exceed Cost (83"/0) Share (100%) Design Plans, Project 1 Specifications, Bid Amount February 2, 2021 N/A N/A N/A Documentation, and NTP April 1, 2021 N/A N/A N/A 2 Exhibit "C" -Quarterly Status Report July 1, 2021 N/A N/A N/A Final Report Achieve functional completion per design plans, project 3 specifications, and February 1, 2022 $1.195,050 $240,000 $1.435.000 applicable permits. Final Report Reimbursement Request Package Total $1,19.5,050 $240,000 $1,435,000 Page 2 of 2,Exhibit"B-2"to Contract No.4600004125 CAO 16A45 SOUTH FLORIDA WATER MANAGEMENT DISTRICT '�_ `, AMENDMENT 4600004128-A02 AMENDMENT NO. 02 TO AGREEMENT NO. 4600004128 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA itio0This AMENDMENT NO.02, is entered into one f 'Trio 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 (A01) 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 1 6A45 - .SS,,ri 4Ngc "....t, Op f 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 "I3-2", 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. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: "'qA71 414111C4 Candida Heater, Director - �Zi 0 ftib Administrative Services Division 111G- ATTEST SFWMD PROCUREMENT APPROVED CRYSTAL K.KIN ,CLERK %ay: lytQ-6JOc►C „_.....7tij f, _._..._.____ __8/09/2021 Attest as tb Chairman's s signature only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR A By: ame8 Title: O ,Itr Appr.' ki r,m and legality V, Jeffrey A. atzk'w,County Attorney 11 i',.. 460000412E-A2, Page 2 of 2 V Ed) I 6 A 4 5 EXHIBIT"A-2" STATEMENT OF WORK COLLIER COUNTY Griffin Road Area Stormwatcr Improvement l'roject 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 US-4I 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 OCAO 1 6 A 4 5 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 permits. 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 confirmation 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 1 6 A 4 5 Exhibit 1: General Location of Stormwater Improvements Barefoot-Williams Road/Artesia Bypass t• -;,.,...,Ai, .:. ,tf ' co, ',, �'1 til,C '1 i t Counts/ Coordinatednr Capacity Improvements . y . Replace Evil! 16•prpearthobi 36-Pipe ` r;� rifir�"4 .•tiTT. -..�4- .t s,• .�� 850 t3 W Road(northern di,vewny) ..„4 '' ., F.. d s!4�1 1 S Replace Exist.24'Pope with Dbl.36'Pipe fa.. 1' 850 BM Road(southern driveway) 1,.. ITi ,' ) 1 i i i ,1 • 1 . w, . «.+. , _-.- �c-a.-Jtt,,e-t- • ��Z. )-- ' .iJl3'*"'-r:.h,%., a.i•A . ..pw.v.4.4.v::r..,` ;,-,AR 1,4„, ra, •;,+a •�0.-.1 R +`,' ., t •t Replace Exist 36"Pipe under Price Street •, ' ( , it t . .` with Dbl..29X45 Elliptical Pipe �a! t +�/t -if ram.` } t�t '� •� �� •\. 4 ' , 4 i...44�:Sri �t A i', �, ' Cat Replete Exist.4r Pipe with Dbt.38'Pipe t �,,•• • e,�•• i : 1000 s-W Road >i, .k t• .1..t d r;1.; ./1. t V. Yo.;^,,.;.ytt ��4 J �! t t+ �• y'�..'4 Of gyp,. .' 176/ * 7i }` t, t ,t hulanow Siotied Inlet Box for Artesia Bypass Pkr way 'Dirt .. ' Kril .y.• \ Fr e,t,.' . + ,+N', ',l°P' E 4 • • .a+wS. ... it •1.e .°A 1iJ .. l�y 1+.,,,„t►. , 0 . so ";i.. i` Page 3 of 3,Exhibit"A-2"to Agreement No.4600004128 CA(3) I i 6 A J4 5 EXIIIBIT"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 I of 2.Exhibit"B-2"to Agreement No.4600004128 CA(' 1 6 A 4 DISTRICT Estimated COUNTY Not-To- Project Task Deliverable(s) Due Date Share Exceed (60%) Share Cost (40%) (100%) 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 $450,000 Page 2 of 2,Exhibit"B-2"to Agreement No.4600004128 16A45 a ` SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600003762-A04 AMENDMENT NO. 04 TO AGREEMENT NO.4600003762 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This AMENDMENT NO.04,is entered into onSatiter$ 1to that Agreement dated January 8, 2018, and as amended on May 1, 2019 (A01), February 1, 2021 (A02), and June 10, 2021 (A03) 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 December 14, 2017 meeting, approved entering into this Agreement with the Parties for West Goodlette-Prank Road Area and Joint Stormwater and Septic Tank Replacement. 2. The term of the Agreement was nineteen (19) months. 3. The Parties amended the Agreement to extend the period of performance, amend the Terms and Conditions, revise the Statement of Work, revise the Payment and Deliverable Schedule (A-01), and extend the period of performance and revise the Payment and Deliverable Schedule(A-02) and(A03) 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 three (3) months and the expiration date, as amended,is January 31,2022. Regardless of the actual date of execution, this AMENDMENT NO. 04 shall be effective as of October 31, 2021. 6. This AMENDMENT NO. 04 shall be at no additional cost to the District. Page I of 2.Amendment No.04 to Agreement No.4600003762 02-26-2018 rV.aT! 16A45 �scCt i.e,y f\ r! I SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 7. The Statement of Work, attached as Exhibit "A-3" to the Agreement, is hereby amended by revising"Work Breakdown Structure" as set forth in Exhibit "A-4", attached hereto and made a part of this AMENDMENT NO. 04. 8. The Payment and Deliverable Schedule is hereby revised in accordance with Exhibit "B-4", attached hereto and made a part of this AMENDMENT NO. 04. 9. All other teens and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 04 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Candida Heater, Director Administrative Services Division AFWMD PROCUREMENT APPROVED nit it �fc�tft+rccp.c �"Ooac DATE: 8/05/2021 BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORI AEST 494‘468 L53(114- CTTSTAL K ICINML CLERK By: BY: Title: ��Y3jC ASIA n's tignatute only. Approve ` and legality I, !I Jeffrey A. t ko Co my Attorney Page 2 of 2.Amendment No.04 to Agreement No.4600003762 02-26.20IS S EXHIBIT "A-4" STATEMENT OF WORK COLLIER COUNTY WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) allocated funding in Fiscal Year 2017-2018 to local governments for construction and implementation of stonnwater management, alternative water supply,and water conservation projects which meet objectives of the Big Cypress Basin Strategic Plan. This is a joint project with Collier County and the City of Naples for stormwater improvements and conversion of residential properties from septic to a sanitary sewer system. The project is located within unincorporated Collier County and within the City of Naples Sewer Service Area. It includes residential properties on individual septic tanks that experience seasonal flooding. The project area is located between Goodlette-Frank Road and US 41, north of Creech Road and south of Cypress Woods Drive. Collier County (RECIPIENT)has identified streets within this area that need stormwater improvements in conjunction with the City's replacement of the septic tanks with a sanitary sewer system improving the overall water quality of stormwater prior to discharge into the Gordon River with eventual outfall to Naples Bay, an Impaired Water Body. Collier County has determined that a treatment train I3MP (Best Management Practice) approach will improve flooding and stormwater quality. This approach includes roadside swales overlaying a storm sewer system within Areas 4 and 5 of the City of Naples' Unsewered Master Plan and identified on the attached map(Exhibit 1). These stonnwater improvements will provide improved flood protection for properties within Areas 4 & 5 and provide a treatment train combination of stonnwater facilities that can include but not be limited to grassed swales, underground piping and storage, filters and inlet devices to improve the receiving waters in the Gordon River. This agreement is for Collier County's stormwater improvement component of the project. The City of Naples' component of septic-to-sewer conversion is addressed under a separate agreement. 2.0 OBJECTIVE General project objectives, which align with the mission of the DISTRICT, include managing and protecting water resources of the region by balancing and improving flood control, water quality, and natural systems.The project specific objective is to improve flood protection and water quality by installing a stormwater management system within Areas 4 and 5 of the project identified above, including swales overlaying a storm sewer system with associated appurtenances. I'age 1 of 3,Amendment No.4 to Agreement No.4600003762 CAO 1i6r 5► 3.0 SCOPE OF WORK The RECIPIENT shall install a stormwater management system serving approximately 99 acres along streets within Areas 4 and 5 identified in the City's 2006 Unsewered Master Plan in accordance with design plans, project specifications, and applicable permits. The stormwater management system will consist of, but not be limited to a combination of grassed swales, stormwater pipes, catch basins, inlets and other associated appurtenances. The DISTRICT shall reimburse the RECIPIENT$800,000 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 stormwater management system that improve flood protection and water quality for the area. Ineligible costs include, but are not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. The RECIPIENT 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 RECIPIENT 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 via email. Initiate construction activities per design plans, project specifications, and applicable permits. 4.2 Task 2 Continue construction activities per design plans,project specifications, and applicable permits. Submit quarterly status reports (Exhibit"C") to the DISTRICT Project Manager via email which provide 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 report 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 Complete thirty percent (30%) of the construction activities per design plans, project specifications, and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a Page 2 of 3,Amendment No.4 to Agreement No.4600003762 RECIPIENT invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). 4.4 Task 4 Complete sixty percent(60%)of the constntction activities per design plans,project specifications, and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). 4.5 Task 5 Achieve functional completeness of the project per design plans, project specifications, and applicable permits. 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 confirmation that the project is considered to be functionally complete. Submit a reimbursement request package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). Page 3 of 3,Amendment No.4 to Agreement No.4600003762 �Afll 16A45 EXHIBIT "B-4" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT The schedule set forth below is through December 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 RECIPIENT shall submit Reimbursement Request Packages 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 Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" and shall include, but not be limited to, a copy of the RECIPIENT's 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. Actual eligible expenditures less than the estimated project cost will result in a reduced final payment per the funding limitation percentage specified below. The RECIPIENT 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$800,000 or 40%of eligible expenditures for the project, whichever is less. • Page 1 of 2,Amendment No.4 to Agreement No.4600003762 S COUNTY DIN S�R ACT Estimated Task Deliverable(s) Due Date Share Exceed Project (60%) Share Cost (40%) (100%) Design Plans, Project 1 Specifications, Bid Amount January 31,2019 N/A N/A N/A Documentation,and NTP July 31,2018 N/A N/A N/A October 31,2018 N/A N/A N/A January 31, 2019 N/A N/A N/A April 30,2019 N/A N/A I N/A July 31,2019 N/A N/A N/A 2 Exhibit"C" -Quarterly Status Report October 31,2019 N/A N/A N/A January 31,2020 N/A N/A N/A April 30, 2020 N/A N/A N/A July 31, 2020 N/A N/A N/A October 31.2020 N/A N/A N/A January 31,2021 N/A N/A N/A Complete 30%of construction activities per design plans,project specifications, and applicable 3 permits. July 30, 2019 $360,000 $240,000 $600,000 Reimbursement Request Package I Complete 60%of construction —� ! activities per design plans,project specifications, and applicable 4 permits April 30,2020 $360,000 $240,000 $600,000 Reimbursement Request Package Achieve functional completeness per design plans,project specifications, and applicable permits 5 December 1,2021 $480,000 $320,000 $800,000 Final Report Reimbursement Request Package Total ---- $1,200,000 $800,000 $2,000,000 Page 2 of 2,Amendment No.4 to Agreement No.4600003762