Agenda 07/12/2022 Item #16A13 (Termination of Agreement w/SFWMD for the Lake Trafford Area Water Quality Facility)07/12/2022
EXECUTIVE SUMMARY
Recommendation to terminate Agreement No. 4600004567 in the amount of $720,000 with the
South Florida Water Management District (SFWMD) for the Collier County, Lake Trafford Area
Water Quality Facility, Stormwater Improvement Project. Project No. 60143.
OBJECTIVE: To terminate Agreement No. 4600004567 with the South Florida Water Management
District (SFWMD) for the Collier County, Lake Trafford Area Water Quality Facility, Stormwater
Improvement Project in the amount of $720,000.
CONSIDERATIONS: On May 24, 2022 (Item 16A11), the Collier County Board of County
Commissioners approved Agreement No. 4600004567 with the South Florida Water Management District
(SFWMD) for the Collier County, Lake Trafford Area Water Quality Facility, Stormwater Improvement
Project in the amount of $720,000. The agreement has not been officially returned to the County by
SFWMD because it is still in process of full execution by SFWMD. On June 16, 2022, the construction
bid for this project (ITI3 #22-8003) was opened, and the one bid received of $6,839,626.11 was in excess
of the Engineer's Opinion of Probable Cost of $4,691,213.04. As a result, staff determined that the bid
was not cost effective, and it would be prudent to defer the project to a future date and re -bid when
construction prices stabilize.
FISCAL IMPACT: Funding in the amount of $720,000 will not be appropriated in Growth
Management Grant Fund (711) Project 60143. Funding in the amount of $2,883,605 will not be
appropriated in Growth Management Match Fund (712) Project 60143. Funding source for match will
remain in Stormwater Bond Fund (327) reserves.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires a majority vote for Board approval. An underlying reason for having the
mutual termination clause is to protect the parties when the actual costs of a project far exceed the
estimated costs. As no work has been done, there is no cost to either party. -JAK
RECOMMENDATION: To terminate Agreement No. 4600004567 with the South Florida Water
Management District (SFWMD) for the Collier County, Lake Trafford Area Water Quality Facility,
Stormwater Improvement Project.
Prepared by: Joseph F. Delate, PLA; Principal Project Manager, Stormwater Management Section,
Capital Project Planning, Impact Fees and Program Management Division
ATTACHMENT(S)
1. SFWMD - Lake Trafford agreement No. 4600004567 final 05 24 2022 (PDF)
2. Termination letter to SFWMD 7 12 2022 (PDF)
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07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A. 13
Doe ID: 22477
Item Summary: Recommendation to terminate Agreement No. 4600004567 in the amount of
$720,000 with the South Florida Water Management District (SFWMD) for the Collier County, Lake
Trafford Area Water Quality Facility, Stormwater Improvement Project. Project No. 60143.
Meeting Date: 07/12/2022
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Nadine Dunham
06/30/2022 9:49 AM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and
Program Management
Name: Beth Johnssen
06/30/2022 9:49 AM
Approved By:
Review:
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Department
Gene Shue
Additional Reviewer
Growth Management Department
Lisa Abatemarco
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Jeanne Marcella
Growth Management Department
Jeanne Marcella
Growth Management Department
Growth Management Department
Trinity Scott
Transportation
Grants
Valerie Fleming
Level 2 Grants Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
06/30/2022 10:36 AM
Completed
06/30/2022 10:44 AM
Completed
06/30/2022 10:47 AM
Additional Reviewer
Skipped
Completed
06/30/2022 10:51 AM
Completed
06/30/2022 11:20 AM
Completed
06/30/2022 4:16 PM
Completed
07/01/2022 8:19 AM
Completed
07/01/2022 8:57 AM
Completed
07/01/2022 9:01 AM
Completed
07/01/2022 9:57 AM
Completed
07/01/2022 11:02 AM
07/12/2022 9:00 AM
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PO NO. 950000
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
GOVERNMENTAL AGREEMENT
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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.[; L by and between the South Florida Water
Management District (DISTRICT) and Boar o County Commissioners of Collier County
(County).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes, and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for
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:
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.
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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 I 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
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Board budgetary appropriation. In the event the DISTRICT does not approve funding for
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any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current
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funding, notwithstanding other provisions in this Agreement to the contrary. The
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DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT
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budget for each subsequent fiscal year if funding is not approved for this Agreement.
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5.
The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
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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
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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
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of $720,000 or 20% of eligible expenditures for the project, whichever is less.
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7.
All work to be performed under this Agreement is set forth in Exhibit "A", Statement of
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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
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written consent of the DISTRICT's Project Manager. The COUNTY agrees to be
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responsible for the fulfillment of all work elements included in any subcontract and agrees
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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
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COUNTY and the officers, employees, servants and agents thereof. The COUNTY
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represents that it is self -funded for Worker's Compensation and liability insurance,
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covering bodily injury, personal injury and property damage, with such protection being
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applicable to the COUNTY, its officers and employees while acting within the scope of
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their employment during performance under this Agreement. In the event that the
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COUNTY subcontracts any part or all of the work hereunder to any third party, the
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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
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agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages
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arising in connection with the COUNTY's subcontract.
11. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
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construed or interpreted as (1) denying to either party any remedy or defense available to
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such party under the laws of the State of Florida; (2) the consent of tile State of Florida or
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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 ten-n 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
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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
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basis in any activity under this Agreement.
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14. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the perforinance 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 knowledgc.
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
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not expended by the COUNTY for authorized work performed through the termination
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date shall be returned to the DISTRICT within sixty (60) days of termination.
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18. The COUNTY shall allow public access to all roject documents and materials in accordance
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with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any
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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.
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19. The COUNTY shall maintain records and the DISTRICT shall have the inspection and audit
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rights below. The COUNTY shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes:
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A. Maintenance of Records: The COUNTY shall maintain all financial and non -financial
records and reports directly or indirectly related to the negotiation or perfonnance of this
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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 perfon-nance
under this Agreement, the COUNTY shall extend the period of maintenance for all records
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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:
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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 inforination 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 tile 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.
All notices or other communication regarding this Agreement shall be ill 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 Bcach, FL 33406
Telephone No: (561) 682-2167
Telephone No. (239) 252-5181
Email: shrose@sfwmd.gov
Email: Richard. rnil Icr(a-)col liercountyfl. gov
Page 5 of 8, Agreement No. 4600004567
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16.A.13.a
22. COUNTY shall send its invoices and any attachments to APInvoiceAsfwrnd.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 perfortned, 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 I 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 Pahn 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 perforrn 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 ten-n hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
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affect any other ten-n 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 lights 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 I — 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
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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
-NTAPPROVED
SFWMD PROCUREMF
By:
Date: — 3/22/2022
BOARD OF COUN ISSIONERS OF COLLIER
COUNTY, FL
SFWMD OFFICE OF COUNSEL APPROVED
By: By:
Date: 3/22/2022 Narne of Authorized Individual
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Title:- William L. McDaniel, Jr., Chairman
ATTEST
C TAL Y— KINZEL.,
BY:
Aftest as to ChaimfAn
signature on�.
Approve,,,, 4 and legality
Jeffrey A.
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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 comer 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 stormwater 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 storrnwater 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 I of 5, Exhibit "A" to Contract No. 4600004567
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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 storinwater
treatment train managed wetland area to reduce flooding and improve water quality for the area.
The storinwater treatment train is designed to treat and improve the quality of the ston-n 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:
Baseline Year I 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 ineet 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 (NI-14 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.
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D. Work Breakdown Structure
The work breakdown structure is presented below.
Task I
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 confin-nation that the project is considered to be functionally complete.
Submit a Reimbursement Request Package to the DISTRICT Project Manager which Includes a
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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
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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
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Water Quality Sampling Locations
Page 5 of 5, Exhibit "A" to Contract No. 4600004567
Packet Pg. 717
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, pennits, design, inspection,
survey, bonds and insurance.
The total DISTRICT contribution for all work completed herein shall not exceed the atilount of
$720,000 or 20% of eligible expenditures for the project, whichever is less.
Page I of 2, Exhibit "B" to Contract No. 4600004567
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COUNTY
DISTRICT
Estimated
Task
Deliverable(s)
Due Date
Share (80%)
Not -To -Exceed
Project Cost
Share (20%)
(100%)
Design
I
Plans, Project
S peci ications, Bid Amount
August.26, 2022
N/A
N/A
N/A
Documentation and NTP
October 10, 2022
January 10, 2023
April 10, 2023)
2
Quarterly Reports
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
S3,603,605
Construction Report
Reimbursement Request
Package
Water Quality Data Sheets
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
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
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I Packet Pg. 71
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EXHIBIT "C" z
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QUARTERLYSTATUSREPORT
LAKE TRAFFORD AREA WATER QUALITY FEATURE
1.0
DATE OF REPORT E
2.0
NAME AND TITLE OF PERSON COMPLETING REPORT
3.0
NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE E
LAST REPORT E
0
4.0
DISCUSSION OF OVERALL PROJECT STATUS
N
5.0
EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION
C*4
PROGRESS OR PROJECT PERFORMANCE C*4
04
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 to
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Agreement No. 4600004567, Exhibit "C", Page I of 1
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I Packet Pg. 72
C;Ovre-r C;Ounty
Transportation Management Services Dept.
Office of the Department Head
Trinity Scott
2885 S. Horseshoe Drive - Naples, Florida 34104 - 239-252-5873
July 12, 2022
Mr. Shawn Meyer, Project Manager
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
Re: Agreement No. 4600004567 — Lake Trafford Water Quality Feature
Dear Mr. Meyer,
As the Department Head of the area overseeing the above referenced Governmental Agreement I
am submitting a request to terminate the following project:
Project # 4600004567
Project Title: Lake Trafford Water Quality Feature
Per Section 17 as stated below Collier County is requesting to terminate Project # 4600004567
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 no
expended by the County for authorized work performed through the termination date shall be
returned to the District within sixty (60) days of termination.
Since the District has not fully executed the agreement and the County has not expended any
funds, no funds are expected to be provided to the District.
We respectfully request the District not execute Agreement No. 4600004567
Thank you for your consideration
Sincerely,
i ty Digitally signed by ScottTrinity
ScottTrin Date: 2022.06.30 10:57:35
-04'00'
Collier County Transportation Management Services
cc: Therese Stanley, Collier County OMB Grants Manager
Lisa Koehler, BCB Administrator
Beth Johnssen, Capital Project Planning Impact Fees & Program Management Director
Lisa Abatemarco, Senior Operations Analyst
Sharman Rose, SFWMD Contract Specialist
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