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Backup Documents 05/24/2022 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 * 1 i 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 he 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 V CAO 5qk sl z y 2. Board of County Commissioners Office BOCC I Wig bbfir / / 5/2 H 3. Minutes and Records Clerk of Court's Office NNW 17-51A9a- jo;S2.441• 4. Send via email to: DO NOT SEND TO james.keith@colliercountyfl.gov GRANTOR 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 James Keith GMD/TMS 239-252-1463 Contact/ Department Agenda Date Item was Agenda Item Number g 16A ✓ Approved by the BCC May 24, 2022 Type of Document Number of Original Attached Agreement 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 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 JK 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 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 JK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JK 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 May 24,2022 and all changes made during the meeting have been incorporated in the attached document. The County �A0 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 for the �K 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 16A11 MEMORANDUM Date: May 26, 2022 To: James Keith, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: South Florida Water Management District for the Lake Trafford Area Water Quality Feature Attached for your records is a copy of the documents referenced above, (Item #16A11) approved by the Board of County Commissioners Tuesday, May 24, 2022. The original agreement has been kept by the Board's Minutes & Records Department as part of the Board's Official Records. Please forward a fully executed copy to our office. If you have any questions, please call me at 252-7240. Thank you. Attachment 16Aii PO NO. 950000 ' `=u SOUTH FLORIDA WATER MANAGEMENT DISTRICT . N i`�os :�a GOVERNMENTAL AGREEMENT AGREEMENT NO.4600004567 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS Agreement is entered into as of S 2 I/22. by and between the South Florida Water Management District (DISTRICT) and Boar of County Commissioners of Collier County g (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 Lake Trafford Area Water Quality Feature; 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 June 9,2022 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 Lake Trafford Area Water Quality Feature. CAn; 16A11 2. The period of performance of this Agreement shall commence on the date of execution of this Agreement and shall terminate on March 27, 2025. 3. The total DISTRICT contribution shall not exceed the amount of $720,000. 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$720,000. 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$720,000 or 20% 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 February 27, 2025 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 8,Agreement No.4600004567 3/21/18 CPS);° 16A1i 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 8,Agreement No.4600004567 3/21/18 €3.) 16A11 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. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 16. Each party,to the extent permitted by law,knowingly,voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Agreement and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in contract, tort or otherwise. 17. 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. 18. 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. 19. The COUNTY shall maintain records and the DIS 1RICT 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 Page 4 of 8,Agreement No.4600004567 3/21/18 CAO �n r 16A1i relating to the Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 20. 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: 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. 21. 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:Richard A.Miller,Jr.,Project Manager Attn: Sharman Rose,Contract Specialist 2685 South Horseshoe Drive,Suite 103 3301 Gun Club Road Naples,FL 34104 West Palm Beach,FL 33406 Telephone No: (561)682-2167 Telephone No.(239)252-5181 Email: shrose@sfwmd.gov Email: Richard.miller@colliercountytl.gov Page 5 of 8,Agreement No.4600004567 3/21/18 rt?� 16A11 22. COUNTY shall send its invoices and any attachments to APlnvoicena,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: South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach, FL 33416-4682 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 Page 6 of 8,Agreement No.4600004567 3/21/18 CAA 16A11 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. 28. Failures or waivers to insist on strict performance of any covenant, condition,or provision of this Agreement by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 29. 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. 30. 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. 31. Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 —30 (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 Page 7 of 8,Agreement No.4600004567 3/21/18 CAO, 16Ai1 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: Candida Heater, Director Administrative Services Division SFWMD PROCUREMENT APPRVED By: Date: 3/22/2022 BOARD OF COUN •IA ISSIONERS OF COLLIER COUNTY, FL ( SFWMD OFFICE.OF COUNSEL APPROVED 1 � Pill° By: / Air- •� By: —woo' — r Date: 3/22/2022 / Name of Authorized Individual Title: William L. McDaniel, Jr., Chairman ATTEST C• .+TAL K.KINZEL,.d.ERIC BY: _ ' 1 _ _ . ..,. �-r Attest as�to Chainvin s. signature only. . . Approve, a IBISt•/. and legality ,I I� Jeffrey A. K j<tzk }i,County Attorney i ! j • Page 8 of 8,Agreement No.4600004567 3/21/18 IN' C 16A11 EXHIBIT"A" STATEMENT OF WORK COLLIER COUNTY Lake Trafford Area Water Quality Feature A. Introduction/Background The South Florida Water Management District(DISTRICT)has allocated funding in Fiscal Year 2021-2022 to regional partners for construction and implementation of water quality and natural systems restoration projects which meet objectives of the Big Cypress Basin Strategic Plan. Additionally,the project is consistent with the Lake Trafford Management Plan and was reviewed and approved by the Lake Management Team. In 2005-2006,Collier County(COUNTY)developed a Regional Stormwater Management Master Plan for the Immokalee area, for which this project is one of many identified in the Master Plan aimed at improving water quality going to Lake Trafford. The water quality treatment feature is a proposed stormwater capital improvement project in Immokalee to provide for a new stormwater discharge location to reduce flooding in the western portion of Immokalee. Currently the stormwater from this portion of Immokalee receives very little to no stormwater treatment. The project's location, selected as a follow up to previously constructed stormwater facilities on Immokalee Drive, is on a previously purchased parcel of land located at the southwest corner of Carson Road and Lincoln Blvd within the boundaries of the Arrowhead Reserve at Lake Trafford development. A major feature of the project is the ability to provide water quality improvements from upstream urban flows (e.g., debris collection, sediment capture, nutrient removal, etc.)prior to the stonnwater being discharged into the Immokalee slough which flows into Lake Trafford. Lake Trafford is identified by the Florida Department of Environmental Protection as impaired for nutrients. B. 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 water quality going to Lake Trafford, an impaired water body. C. Scope of Work The COUNTY shall construct a stormwater treatment facility,a stormwater treatment train designed to create new stormwater treatment for the northwestern Immokalee area to improve the quality of stormwater runoff entering Lake Trafford.The treatment train components include a physical trash collection facility, a sediment capture basin, extensive littoral plantings along a series of ponds, pond maintenance access to harvest mature plants, a wetland preserve hydration facility, two outfalls with one including biosorption activated media (BAM) to compare nutrient uptake Page 1 of 5,Exhibit"A"to Contract No.4600004567 C 3 16A11 benefits. The DISTRICT shall reimburse the COUNTY, $720,000 or 20% of eligible expenses, whichever is less,based on the final plans. Eligible expenses consist of construction of a stormwater treatment train managed wetland area to reduce flooding and improve water quality for the area. The stormwater treatment train is designed to treat and improve the quality of the storm runoff of over 550-Acres. Water quality baseline with runoff pollutant constituents will be established at the inflow to the project. Water quality monitoring will occur at the following locations (See attached map): 1. Carson Road Ditch just before flows enter the treatment facility 2. Lake CR2-A before discharging over Bold and Gold treatment 3. Downstream of the weir located at Lake CR2-A(post Bold and Gold treatment) 4. Downstream of the weir located at Lake CR2-D (end of pond/treatment train) Water quality samples should be taken: 1. Baseline Year 1 Water quality Sampling a. Should occur as soon as construction is completed, and plants are installed to get baseline data during the first wet season and under the following conditions: b. Samples shall be taken during times when water is flowing into the treatment area and is discharging from the two outfalls c. Samples should be taken two times/month if/when these criteria are met 2. Subsequent Year 2 Water quality sampling a. Samples should be taken two times per month during wet season when water is flowing into the treatment area and is discharging from the two outfalls b. Samples shall consist of a minimum of six separate rainfall events during wet season c. If the number of samples cannot be met due to environmental conditions, the County will meet with the Basin project manager to determine if additional steps are needed Water quality will be analyzed for the following parameters: Total nitrogen (TN), Nitrate and Nitrite (NO3 and NO2), Ammonium and Ammonia (NH4 and NH3), Total Kjeldahl Nitrogen (TKN),Total Phosphorus(TP),Phosphorus(PO4),Total Suspended Solids(TSS),Fecal Coliform, and Chlorophyll a. 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. Page 2 of 5, Exhibit"A"to Contract No.4600004567 16A11 D. Work Breakdown Structure The work breakdown structure is presented below. 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. Due Date: August 26, 2022 Task 2 Submit quarterly status reports 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. Due Dates: October 10,2022,January 10,2023,April 10, 2023,July 10,2023,October 10,2023 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 with developing wetland plant species. Submit a construction 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 payments. Due Date: September 1, 2023 Task 4 Collect and analyze water quality samples as described in Section 2.0 above. Provide electronic copies of data sheets from all sampling events. Due Date: December 16, 2024 Page 3 of 5,Exhibit"A"to Contract No.4600004567 i��� 16A11 Submit a final water quality report to the DISTRICT Project Manager which provides a summation of the water quality results from the samples collected. Due Date: January 6, 2025 Make a presentation to the Big Cypress Basin Board to highlight project outcomes and major findings. Due Date: February 27, 2025 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 payments. Due Date: February 27, 2025 Page 4 of 5, Exhibit"A"to Contract No.4600004567 eaa 16All Water Quality Sampling Locations ` ' / • * .'s. .! a =. ..f .#,• � 4.- • JJf ♦• ! • fir., • # � .1,' 4. I — 11;-.` , iiiiiii, 1 [ F � , . v/ ' t y • a w �t �" atl _ •" 4 sir t....• E rer' 4 ...4 1 1 M ,,. t : I,e, ,,'., ', 1 • 1,tt * a • t..J .•k _ J ; •• f 1 • e I 1.,.. \ .04 e- "" .1i • • • • • ♦ • , .. �.y • 11 a ! a • • M•!'a , r 1 ► I # a 1 f ► I `• I • V • a • • • ♦ • • • a 4 ,I/14 1 'ii • I ► ♦ • • a • e I I A ♦ a • • • • a ♦ • ♦ a ; `-y-.t+i. _...1c 'Il- . t ( 'I ♦ ! • • • • • • 4 t 1 • J +Oaf \ yf I .• • • • • • • • • • • a '.. -_._.mo t _s-a J .. • M • 4 a 1 ► • 1 • ,1.4&r O • i • r 1 a -r It r ,w• 'Or 4466 * r a a • ! k/P* f r 1. • • • a • � „,„\i/f refa:4".":Ns....• -.....*--.'' - '.. eitetor,,,,,a7.460...„....*72r,.-.3.,1-**"1.,..,".:',''. • 4 • / / A * 4 .4 * *,1 , Page 5 of 5,Exhibit"A"to Contract No.4600004567 16A11 EXHIBIT "B" DELIVERABLES AND PAYMENT SCHEDULE COLLIER COUNTY Lake Trafford Area Water Quality Feature The schedule set forth below is through February 27,2025. 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 Packages 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 COUNTY'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 COUNTY is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Costs not eligible for reimbursement include, but are not limited to, permits, design, inspection, survey,bonds and insurance. The total DISTRICT contribution for all work completed herein shall not exceed the amount of $720,000 or 20% of eligible expenditures for the project, whichever is less. Page 1 of 2,Exhibit"B"to Contract No.4600004567 16A11 COUNTY DISTRICT Estimated Task Deliverable(s) Due Date Share (80%) Not-To-Exceed Project Cost Share(20%) (100%) Design Plans, Project 1 Specifications, Bid Amount August 26, 2022 N/A N/A N/A Documentation and NTP October 10, 2022 January 10, 2023 2 Quarterly Reports April 10, 2023 N/A N/A N/A July 10, 2023 October 10, 2023 Achieve functional completeness of construction activities per design plans,project specifications, and 3 applicable permits. September 1, 2023 $2,883,605 $700,000 $3,603,605 Construction Report Reimbursement Request Package Water Quality Data Sheets Q y December 16, 2024 N/A N/A N/A from Sampling Events Final Water Quality Report January 6, 2025 N/A N/A N/A 4 Presentation to Big Cypress Basin Board February 27, 2025 N/A $20,000 N/A Reimbursement Request Package TOTAL $2,883,605 $720,000* $3,603,605 * Not-to-Exceed Page 2 of 2,Exhibit"B"to Contract No.4600004567 �c a) 16A11 EXHIBIT "C" QUARTERLY STATUS REPORT LAKE TRAFFORD AREA WATER QUALITY FEATURE 1.0 DATE OF REPORT 2.0 NAME AND TITLE OF PERSON COMPLETING REPORT 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE LAST REPORT 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 Agreement No.4600004567,Exhibit"C",Page 1 of 1