Agenda 01/10/2017 Item #16A16 16.A.16
01/10/2017
EXECUTIVE SUMMARY
Recommendation to ratify an After-The-Fact amendment to the South Florida Water Management
District Agreement Number 4600003312 to extend the project timeline for eight months for the
construction completion of the Lely Area Stormwater Improvement Project Wingsouth Airpark
Channels Improvement Project 51101. This item has no new fiscal impact.
OBJECTIVE: To provide a time extension to an existing agreement to cover completion of stormwater
improvements in the Lely Manor Basin.
CONSIDERATIONS: The South Florida Water Management District (SFWMD) annually ranks and
chooses projects submitted by local government agencies to receive funding for water quality and flood
mitigation improvements.
The SFWMD approved funding assistance on July 14, 2015, in the amount of$937,500 for construction
of the Lely Area Stormwater Improvement Project (LASIP) Wingsouth Project. The Agreement was
approved by the Board of County Commissioners (Board) on October 13, 2015, (Agenda Item 16A20).
The agreement establishes funding for the construction of ditches, swales and three (3) weir-type control
structures, along with the installation of approximately 1,700 linear feet of reinforcement concrete pipe to
assist in the drainage of the area.
The agreement expires on December 31, 2016, and the project is still under construction. The amendment
extends the construction time period an additional 8 months in order to cover completion of the project.
This amendment does not change the scope of the project, is allowable under the grant and will not
increase or decrease the amount of grant funds or impact the budget for this project.
Staff had requested the time extension in late October. SFWMD provided the amendment on December
19, 2016. In order to extend the agreement and eliminate the possibility of the agreement expiring, the
County Manager's Office executed the amendment. This request is to ratify the County Manager's
signature and have the Chairman sign the amendment.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
FISCAL IMPACT: The agreement amendment will have no new fiscal impact. The LASIP project
(51101) is budgeted in GMD Grant Fund 711, GMD Match Grant Fund 712, and Stormwater Capital
Fund 325. The source of funds are grants and transfers from the General Fund.
GROWTH MANAGEMENT IMPACT: The agreement amendment has no direct impact on Collier
County's Growth Management Plan.
RECOMMENDATION: To approve an after-the-fact amendment to the SFWMD Agreement Number
4600003312 for an eight month extension for the construction of the Lely Area Stormwater Improvement
Project (LASIP) Wingsouth Airpark Channels Improvement Project 51101. This item has no new fiscal
impact.
Prepared by: Elly Soto McKuen, Project Manager; Capital Project Planning, Impact Fees and Program
Management Division, Growth Management Department
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01/10/2017
ATTACHMENT(S)
1.Wingsouth SFWMD Agreement(PDF)
2. SFWMD Wingsouth Agreement Amendment 1 (PDF)
3. SFWMD Amendment#01Executed Dec 22 2016 (PDF)
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16.A.16
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Item Summary: Recommendation to ratify an After-The-Fact amendment to the South Florida
Water Management District Agreement Number 4600003312 to extend the project timeline for eight
months for the construction completion of the Lely Area Stormwater Improvement Project Wingsouth
Airpark Channels Improvement Project 51101. This item has no new fiscal impact.
Meeting Date: 01/10/2017
Prepared by:
Title: Project Manager, CRA—Capital Project Planning, Impact Fees, and Program Management
Name: Elly McKuen
12/22/2016 10:04 AM
Submitted by:
Title: Division Director-IF, CPP &PM—Capital Project Planning, Impact Fees,and Program
Management
Name: Amy Patterson
12/22/2016 10:04 AM
Approved By:
Review:
Capital Project Planning,Impact Fees,and Program Management Gerald Kurtz Additional Reviewer Completed
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 12/22/2016 10:15 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 12/22/2016 10:39 AM
Grants Kimberly Lingar Level 2 Grants Review Completed 12/22/2016 10:58 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2016 12:18 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/27/2016 10:22 AM
Grants Therese Stanley Additional Reviewer Completed 12/28/2016 11:06 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/29/2016 1:14 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/29/2016 3:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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• 616.A.16.a
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PO NO.950000 LU
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
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AGREEMENT NO. 4600003312
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BETWEEN THE
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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AND
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
DEC 7 ",!015
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District (DISTRICT) and the Board of County Commissioners of Collier
County (COUNTY). ca
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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
Lely Area Stormwater Improvement Area Wingsouth Airpark Channels; and a
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WHEREAS, the COUNTY warrants and represents that it has no obligation or ti
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 November 12, 2015 meeting,
approved entering into this AGREEMENT with the COUNTY. 0
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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: u_
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 Lely Area Stormwater
improvement Areas Wingsouth Airpark Channels,
2. The period of performance of this AGREEMENT shall commence on last date of
execution by parties and shall terminate on December 31,2016. z
3. The total DISTRICT contribution shall not exceed the amount of $937,500, The
DISTRICT shall make payment upon completion and acceptance of the deliverables as
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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 r
to support actual expenditures in accordance with Exhibit "B". Absence of proper o
documentation may result in non-payment or audit and return of prior payments. In no c
event shall the DISTRICT be liable for any contribution hereunder in excess of$937,500. E
In the event the COUNTY is providing a cost sharing contribution as provided for in E
paragraph 5 below,the COUNTY shall provide evidence that its minimum cost share has E
been met for each invoice submitted. The subject cost share documentation shall be E
included with each invoice. a
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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
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to Governing Board budgetary appropriation. In the event the DISTRICT does not
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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 N
after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding
is not approved for this AGREEMENT. o
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 m
AGREEMENT. The COUNTY shall report and document the amount of funds expended u_
per month during the quarterly reporting period and the AGREEMENT expenditures to
date within the maximum not-to-exceed AGREEMENT funding limitation, d
6. The COUNTY's contribution shall be 64%of the total amount of the project in conformity Q°'
with the laws and regulations governing the COUNTY. c
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7. All work to be performed under this AGREEMENT is set forth in Exhibit"A",Statement w
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. N
The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall
he open to periodic review and inspection by either party.No work set forth in Exhibit"A" E.
shall be performed beyond November 30, 2016 unless authorized through execution of an E
amendment to cover succeeding periods. °'
8. The COUNTY is hereby authorized to contract with third parties (subcontracts) for ci
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. w
The COUNTY agrees to be responsible for the fulfillment of all work elements included o
in any subcontract and agrees to be responsible for the payment of all monies due underci
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall c
not be liable to any subcontractor for any expenses or liabilities incurred under the .
subcontract(s). G
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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, Q
computer programs,including the source and object code,which are developed,created or
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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 Z
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 -a
shall retain all ownership to tangible property. m
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 E
COUNTY and the officers, employees, servants and agents thereof The COUNTY
represents that it is self-funded for Worker's Compensation and liability insurance, a'
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 of under this AGREEMENT. In the event that the u
COUNTY subcontracts any part or all of the work hereunder to any third party, the L
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.
1 1. 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 a)
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 a;
Florida beyond the waiver provided in Section 768.28,Florida Statutes.
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12, The parties to this AGREEMENT are independent entities and are not employees or w
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 6
this provision shall be void. Q
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13. The parties to this AGREEMENT assure that no person shall be excluded on the grounds
of race, color, creed, national origin, handicap, age or sex, from participation in, denied co
the benefits of, or be otherwise subjected to discrimination in any activity under this
AGREEMENT, o
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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 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 E
knowledge.
Page 3 of 7,Agreement No.4604003312
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16.A.16.a
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15. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar day's 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 c
termination date shall be returned to the DISTRICT within sixty(60)days of termination. z
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16. The COUNTY shall allow public access to all project documents and materials in accordance E
with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any a
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 Q
upon the COUNTY. c
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17. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit a
rights below. The COUNTY shall similarly require each subcontractor to maintain and allow a'
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access to such records for audit purposes: 0
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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 performance of this
AGREEMENT including supporting documentation for any service rates, expenses, o
research or reports. Such records shall be maintained and made available for inspection for as
a period of five(5)years from the expiration date of this AGREEMENT. c
B. Examination of Records: The DISTRICT or designated agent shall have the right to a
examine in accordance with generally accepted governmental auditing standards all u_a_
records directly or indirectly related to this AGREEMENT. Such examination may be w
made only within five(5)years from the expiration date of this AGREEMENT. °3
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C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT a)
should become involved in a legal dispute with a third party arising from performance o
under this AGREEMENT, the COUNTY shall extend the period of maintenance for all w
records relating to the AGREEMENT until the final disposition of the legal dispute. All
such records shall be made readily available to the DISTRICT. a.
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18. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 17 E
above, maintain records and similarly require each subcontractor to maintain and allow a)
access to such records in compliance with the requirements of the Florida State Single ai
Audit Act and the Federal Single Audit Act,as follows: `t
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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 etu_
financial/non-financial records through:
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(1) Identification of the state or federal awarding agency, as applicable a)
(2) Project identification information included in the Catalog of State Financial
Assistance(CSFA)or the Catalog of Federal Financial Assistance (CFDA), as
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applicable 0
(3) Audit and accountability requirements for state projects as stated in the Single E
Audit Act and applicable rules of the Executive Office of Governor, rules of the 0
Chief Financial Officer and rules of the Auditor General and the State Projects Q
Compliance Supplement
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(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
S. 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 E
onsite visits and limited scope audits.
19. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals: 2
South Florida Water Management District Collier County rn
Attn:Joseph Schmidt,Project Manager Attn:Shane Cox,Project Manager
Attn: Sharman Rose,Contract Specialist Growth Management Division o
3301 Gun Club Road 2885 South Horseshoe Drive a�
West Palm Beach,FL 33406 Naples,FL 34104 c
Telephone No: (561)682-2167 Telephone No.(239)252-5792
Email: shrosera sfwmd.gov Email: shanecoxecollieraov.net
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20. COUNTY shall send its invoices and any attachments to APInvoice�?,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: I) 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, and 4) include the PO number and Invoice number in the a"
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 5
P.O. Box 24682
West Palm Beach, FL 33416-4682 cn
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 Section 218.70, F.S. COUNTY's failure to
follow the instructions set forth in the AGREEMENT regarding a proper invoice and
acceptable services andior deliverables may result in an unavoidable delay in payment by
the DISTRICT.
21. COUNTY recognizes that any representations, statements or negotiations made by
DIS FRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless
Page 5 of 7,Agreement No.4600003312
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16.A.16.a
16Aeu 1
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. o
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22, This AGREEMENT may be executed in one or more counterparts,each of which shall becu
deemed an original, but all of which together shall constitute one and the same E
instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any c
signatory hereon shall be considered for all purposes as original. E
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23. This AGREEMENT may be amended, extended or renewed only with the written d
approval of the parties. The DISTRICT shall be responsible for initiating any amendments E
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to this AGREEMENT,if required. a�
24, This AGREEMENT, and any work performed hereunder, is subject to the Laws of the c)
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 a_
remedies which the respective parties would otherwise have, under law or at equity.
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25. Should any term or provision of this AGREEMENT be held, to any extent, invalid or a,
unenforceable,as against any person,entity or circumstance during the term hereof,by force c
of any statute, law,or ruling of any forum of competent jurisdiction,such invalidity shall not 'elaffect any other term or provision of this AGREEMENT, to the extent that the
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AGREEMENT shall remain operable, enforceable and in fill force and effect to the extent a)
permitted by law. y
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26. Failures or waivers to insist on strict performance of any covenant,condition,or provision of Q
this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or a)
remedies, nor shall it relieve the other party from performing any subsequent obligations a
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective w
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 u..
not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise. E
27. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be a)
submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek d,
in good faith to resolve the issue through negotiation or other forms of non-binding
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alternative dispute resolution mutually acceptable to the parties. A joint decision of the g
signatories, or their designees,shall be the disposition of such dispute.
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28. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations,statements,negotiations,or agreements o
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previously existing between the parties with respect to the subject matter of this am
AGREEMENT.
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29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the m
following order: E
(a) Terms and Conditions outlined in preceding paragraphs 1 —28 0
(b) Exhibit"A"Statement of Work Q
(c) Exhibit"B"Payment and Deliverable Schedule
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(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
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By: FY t 'ffr-fA
Dorothy A.Bradshaw,Procurement Bureau Chief `Pill Le
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SFWMD PROCUREMENT APPROG,32.... Cr)
By:
Date: s 0
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BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ci)
FLORIDA
By: TIM NANCE, CI-DIRKTEr
,....Ursaar•die Authorized Individual
Title:
ATTEST and legality
Approved,as to fortp
DWIGHT E. BRQCK, CLERK ,/
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By ' Scott R.Teach,Deputy County Attorrier---
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Page 7 of 7,Agreement No. 4600003312
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EXHIBIT"A"
STATEMENT OF WORK Z
Collier County a>
Lely Area Storrnwater Improvement Area(LASIP)Wingsouth Airpark Channels
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A. INTRODUCTION /BACKGROUND} m
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The South Florida Water Management District(DISTRICT)has allocated funding in Fiscal Year a
2016 for flood protection, water quality improvement, natural system restoration, and alternative Q
water supply projects which meet objectives of the Big Cypress Basin Strategic Plan. Collier
County (COUNTY) developed the Lely Area Stormwater Improvement Project (LASIP) to E
increase flood protection and provide a comprehensive stormwater outfall system for an area of
East Naples formerly known as Water Management District#6, which has experienced drainage- u)
related problems as a result of continued development within the 11,135-acre basin. The LASIP 5
drainage area consists of two sub-basins known as Lely Main and Lely Manor which drain to the ca
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Lely Main Canal and the Lely Manor Canal, respectively. A spreader lake with approximately
1500 feet of weir is the outfall for Lely Main Canal. Two spreader lakes, east and west, with
approximately 800 and 1000 feet of weir, respectively, are the outfalls for Lely Manor Canal. v
These spreader lakes,with control elevations between 2.0 and 3.0 feet NGVD, provide additional tL
conveyance capacity for the system as well as improve the timing and distribution of freshwater w
entering coastal estuaries.About 80 percent of the proposed LASIP facilities have been completed
to date.The Wingsouth Airpark Channels phase is one of the few remaining phases of LASIP left Q
to be constructed,and it will connect to previously completed phases within the Lely Manor basin. a'
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B. OBJECTIVES w
The project objective is to increase the level of service for an existing stormwater conveyance N.-
system.
system. LASH' facilities have been designed for the 25-year,72-hour storm event. In addition,the N
project aims to re-establish a historic flowway, enhance adjacent wetlands/sloughs, and improve
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water quality. °'
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C. SCOPE OF WORK a)
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The COUNTY shall complete stormwater conveyance system improvements for Wingsouth ci
Airpark Channels, which generally consist of the following:
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• 11,200 linear feet of natural swale y
O 1,300 linear feet of 48-inch reinforced concrete pipe (RCP) o
e 423 linear feet of 54-inch RCP lnl
• 3 weir-type control structures at stations 110+00, 166+00,and 201+00
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 E
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Agreement 4600003312,Exhibit"A",Page 1 of'2
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required. The COUNTY will also be responsible for project management, budget management,
quality control, and public outreach.
D. WORK BREAKDOWN STRUCTURE
The work breakdown structure is presented below. E
Task I
• Submit design plans,project specifications, bid amount documentation,and Notice to
Proceed (NTP)to the DISTRICT Project Manager(s).
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Tasks —4
• Submit quarterly status reports(Exhibit"C") to the DISTRICT Project Manager(s) 2
which provide a narrative of construction activities completed to date, a discussion of ,t.
project status, an explanation of conflicts or issues, if any,which may affect construction r
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.
• Complete SO%of stormwater conveyance system improvements per design plans, project
specifications,and applicable permits, U
• Submit a Reimbursement Request to the DISTRICT Project Manager(s)which includes
supporting documentation such as consultant, contractor,and/or vendor invoices and
proof of payment(s).
C)
Task 5
• Complete 1 DO%of stormwater conveyance system improvements per design plans,
project specifications,and applicable permits.
• Submit a Certification of Completion to the DISTRICI Project Manager(s).
• Submit a Reimbursement Request to the DISTRICT Project Managers) which includes est
supporting documentation such as consultant, contractor,and/or vendor invoices and
proof of payrnent(s).
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Agreement 4600003312,Exhibit"A".Page 2 of 2
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EXHIBIT"B"
DELIVERABLES AND PAYMENT SCHEDULE
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Collier County
Lely Area Stormwater Improvement Project(LASIP)Wingsouth Airpark Channels E
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The schedule set forth below is from the last date of execution by parties to December 31,2016
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Deliverables submitted hereunder are subject to review and acceptance by the DISTRICT Project
Manager(s). Acceptability of all work will be based on the judgment of the DISTRICT Project
Manager(s)that the work is technically complete and accurate. a'
The COUNTY shall submit a Reimbursement Request Package upon completion of each Task in
accordance with the schedule set forth below and payment shall be made following receipt and N
acceptance of the Reimbursement Request Package by the DISTRICT Project Manager(s).
Reimbursement Request Packages shall adequately demonstrate completion of each Task in a,
accordance with Exhibit "A" and shall include, but not be limited to, a copy of the COUNTY's
invoice and other documentation supporting payment.
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The DISTRICT's payment is a reimbursement of actual expenditures and is therefore subject to a
adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT
funding limitations specified below. In the event that actual expenditures are less than expected ?
for a particular Task, the COUNTY may apply the unexpended balance towards another Task Q
consistent with the funding limitation percentage specified below. The COUNTY should provide 03
prior written notice to the DISTRICT Project Manager(s)of its decision to apply the unexpended
wbalance toward a subsequent Task. Actual 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. `N'
The total DISTRICT contribution for all work completed herein shall not exceed the amount of
$937,500 or 36% of actual expenditures for the project,whichever is less.
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Agreement 4600003312,Exhibit"B",Page i of 2
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DISTRICT Estimated --
COUNTY Not-To-
Project r-
Task Deliverable(s) Due Date Share Exceed z
(64%) Share Cost c
(36%) (100%) a)
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Design Plans,Project a)
1 Specifications, Bid Amount January 4,2016 N/A N/A N/A Q
Documentation, and NTP c
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Exhibit "C" - uarterly E
2 Status Report March 4,2016 N/A N/A N/A a
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3 Exhibit "C" - Quarterly June 2,2016 N/A N/A NIA o
Status Report
Exhibit "C" - Quarterly u.
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system improvements per c
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EXHIBIT"C"
QUARTERLY STATUS REPORT
Collier County
Lely Area Stormwater Improvement Project(LASIP) Wingsouth Airpark Channels °'
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4600003312-A01
AMENDMENT NO. 01
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BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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COLLIER COUNTY BOARD OF COUNTYCOMMISSIONERS
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This AMENDMENT NO. 01, is entered into on , to
that AGREEMENT dated December 17, 2015, between "the Parties," the South Florida Water '
Management District (DISTRICT), and Collier County Board of County Commissioners Q
(COUNTY). z
WITNESSETH THAT: w
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WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period
of performance, and revise the Payment and Deliverable Schedule of the AGREEMENT;
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
a
1. The term of the AGREEMENT is hereby extended by eight(8)months and the expiration
date, as amended, is August 30, 2017. This AMENDMENT NO. 01 shall be effective upon the
date of execution by the Parties.
2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. o
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3. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit"Bl", u_
attached hereto and made a part of this AMENDMENT NO. 01.
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4. All other terms and conditions of the AGREEMENT remain unchanged.
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Page 1 of 2.Amendment No.01 to Agreement No.4600003312
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IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above. Q
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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Dorothy A. Bradshaw, Director o
Administrative Services Division
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SFWMD PROCUREMENT APPROVE
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Page 2 of 2.Amendment No.01 to Agreement No.4600003312
Packet Pg. 529
16.A.16.b
EXHIBIT"Bi"
DELIVERABLES AND PAYMENT SCHEDULE
0
Collier County
Lely Area Stormwater Improvement Project(LASIP) Wingsouth Airpark Channels
The schedule set forth below is from the date of execution to July 31, 2017
C,
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Deliverables submitted hereunder are subject to review and acceptance by the DISTRICT Project
Manager(s). Acceptability of all work will be based on the judgment of the DISTRICT Project
Manager(s) that the work is technically complete and accurate.
The COUNTY shall submit a Reimbursement Request Package upon completion of each Task in N
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(s). o
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
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invoice and other documentation supporting payment. U
The DISTRICT's payment is a reimbursement of actual expenditures and is therefore subject to
adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT
funding limitations specified below. In the event that actual 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 should provide w
prior written notice to the DISTRICT Project Manager(s) of its decision to apply the unexpended
balance toward a subsequent Task. Actual expenditures less than the estimated project cost will N
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. E
The total DISTRICT contribution for all work completed herein shall not exceed the amount of
$937.500 or 36% of actual expenditures for the project, whichever is less.
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Agreement 4600003312,Exhibit"Bl",Page 1 of 3
Packet Pg. 530
16.A.16.b
DISTRICT Not- Project Bid z
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COUNTY Share To-Exceed
Task Deliverable(s) Due Date (64%) Amount (100%) 5
Share (36%) E
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Design Plans, E
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Project E
Specifications, January 4, N/A N/A N/A E
1 Bid Amount 2016 a'
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Exhibit "C" -
2 Quarterly March 4, 2016 N/A N/A N/A Cl)
Status Report 5
Exhibit "C" - CA
3 Quarterly June 2, 2016 N/A N/A N/A 0)
Status Report
Exhibit "C" - 15cz
Quarterly c,
Status Report w
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Complete
portions of d
stormwater z
4* conveyance August 31, $432,075 $207,089 $639,164 x
system 2016
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per designCsi
plans, project
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and applicable -Ea
permits.
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plans, project toc
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Certification of Cl)
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Total $1,763,969 $937,500 $2,701,469
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Agreement 4600003312,Exhibit"81",Page 2 of 3
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provides evidence for the amount of work completed.
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\k‘ SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
4600003312-A01
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AMENDMENT NO. 01
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TO AGREEMENT NO. 4600003312
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
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COLLIER COUNTY BOARD OF COUNTYCOMMISSIONERS
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This AMENDMENT NO. 01, is entered into on / . to
that AGREEMENT dated December 17. 2015, between "the Parties," the South Florida Water
Management District (DISTRICT), and Collier County Board of County Commissioners
(COUNTY).
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WITNESSETH THAT:
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WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties: and
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WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period
of performance. and revise the Payment and Deliverable Schedule of the AGREEMENT:
NOW THEREFORE. the DISTRICT and the CITY, in consideration of the mutual
benefits flowing from each to the other. do hereby agree as follows:
1. The term of the AGREEMENT is hereby extended by eight (8)months and the expiration
date, as amended, is August 30. 2017. This AMENDMENT NO. 01 shall be effective upon the
date of execution by the Parties. Ea)
2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT.
3. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit"Bl'', 2
attached hereto and made a part of this AMENDMENT NO. 01.
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4. All other terms and conditions of the AGREEMENT remain unchanged. ci)
Pagc I o!"2. Anindrylcnt No 01 to,\groernent No 460D003:i12
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I6.A.16.c
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
°` AMENDMENT
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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LL.
By: _ =
Dorothy A. Bradshaw, Director o
Administrative Services Division a,
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SFW MD PROCUREMENT APPROVED-) a)
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COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
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EXHIBIT"BI"
DELIVERABLES AND PAYMENT SCHEDULE Z
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Collier County
Lely Area Stormwater Improvement Project(LASIP) Wingsouth Airpark Channels
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The schedule set forth below is from the date of execution to July 31, 2017 E
Deliverables submitted hereunder are subject to review and acceptance by the DISTRICT Project
Manager(s). Acceptability of all work will be based on the judgment of the DISTRICT Project
Manager(s)that the work is technically complete and accurate.
The COUNTY shall submit a Reimbursement Request Package upon completion of each Task 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(s).
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 expenditures and is therefore subject to
adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT
funding limitations specified below. In the event that actual 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 should provide W
prior written notice to the DISTRICT Project Manager(s)of its decision to apply the unexpended
balance toward a subsequent Task. Actual 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. N
The total DISTRICT contribution for all work completed herein shall not exceed the amount of
$937.500 or 36%of actual expenditures for the project,whichever is less.
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Agreement 4600003312,Exhibit"f31",Page 1 of 3
Packet Pg. 535
16.A.16.c
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COUNTY Share DISTRICT Not- Project Bid a
Task Deliverable(s) Due Date (64%) To-Exceed Amount (100%)
Share(36%) c
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Design Plans, Q
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Bid Amount 2016 0,
Documentation, Q
and NTP E
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2 Quarterly March 4, 2016 N/A N/A N/A u)
Status Report
Exhibit "C" - U)
3 Quarterly June 2, 2016 N/A N/A N/A =
Status Report
Exhibit "C" - co
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Quarterly
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portions of Q
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4* conveyance August 31, $432,075 $207,089 $639,164 x
system 2016 Lb
improvements h
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plans, project
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and applicable N
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stormwater I
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plans, project E
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Certification of
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Total $1,763,969 j $937,500 I $2,701,469
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Agreement 4600003312,Exhibit"B1",Page 2 of 3 Q
Packet Pg. 536
16.A.16.c
*Partial billing may be submitted by the COUNTY as long as adequate supporting documentation
provides evidence for the amount of work completed.
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