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Backup Documents 11/14/2017 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING RAI b A 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 be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. • 3. County Attorney Office County Attorney Office JAK 11/14/17 4. BCC Office Board of County Commissioners 11- '1 5. Minutes and Records Clerk of Court's Office u I t u( r 3' 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 Amy Patterson,Capital Project Planning Phone Number 252-5721 Contact/Department Agenda Date Item was 11/14/17 Agenda Item Number 16-A-13 Approved by the BCC Type of Document Agreements 4600003760,4600003761, Number of Original One of each Attached 4600003762 Documents Attached 3 'TO k J PO number or account n/a 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 S -etc'(W3 16r4 44K- 2. Does the document need to be sent to another agency for additional signatures? If yes,a.. JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached shee . do 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK 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 JAK 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 JAK 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 JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into MinuteTraq. 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 11/14/17 and all changes made during JAK N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the (1 /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the J 1, option for Chairman's signature. aWP this line. Ckk\rr\ � \\-ham-- • [04-COA-01081/1344830/1]l:Forms/�ty Forms/BCC Forms/Original Documents Routing Still, WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 16A13 NeetVirginia From: PattersonAmy Sent: Wednesday, November 15, 2017 4:11 PM To: NeetVirginia Subject: FW: Agreements Hi Dinny, Please see below. Looks like we only need 1 copy of each. Let me know what you think. Thanks for your help! Amy From: Rose, Sharman [mailto:shrose@sfwmd.gov] Sent: Wednesday, November 15, 2017 3:56 PM To: PattersonAmy Cc: Taylor, Roxanne Subject: RE: Agreements Hi Amy: In response to your questions below,the agreement(s) need to be signed by an individual with signatory authority on behalf of your organization with the signed agreement(s) returned to me via email, preferably in color. A date will be stamped on the agreement(s)after all parties involved have signed. Please do not date the agreement(s) prior to sending to me. Fully executed document(s)will be sent to you via email for your files. .Slat Rat Senior Contract Specialist Procurement Bureau- MSC 6612 South Florida Water Management District shrose(&,sfwmd.gov Tel. No: (561) 682-2167 Fax No: (561) 682-5624 From:Taylor, Roxanne Sent:Wednesday, November 15,2017 1:31 PM To: Rose, Sharman<shrose@sfwmd.gov> Subject: FW:Agreements Importance: High Hi Sharman, Can you provide insight to the questions below? Sincerely, Roxanne From: PattersonAmy[mailto:AmyPatterson@colliergov.net] Sent:Wednesday, November 15, 2017 8:58 AM 1 To: Koehler, Lisa<lkoehler@sfwmd.gov>;Taylor, Roxanne<rltaylor@sfwmd.gov> 16 A 13 Cc: NeetVirginia <VirginiaNeet@colliergov.net> Subject:Agreements Importance: High Hi Roxanne and Lisa, The grant agreements were approved by the BCC yesterday and we have a couple of questions that we need help with so that we can get them routed for signature: 1) Do you need original signatures? 2) How many copies do you need? 3) Do you want the Agreement dated by us or will your Board do that at execution? Please let me know at your earliest convenience and we will get theses moving. Thank you, Amy Amy Patterson Director, Capital Project Planning, Impact Fees and Program Management 2685 South Horseshoe Drive, Unit 103 Naples, FL 34104 239-252-5721 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 1 6 x 1 3 MEMORANDUM Date: November 27, 2017 To: Amy Patterson, Division Director Capital Project Planning, Impact Fees and Program Management From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: SFWMD Agreement Nos. 4600003760, 4600003761 and 4600003762: Construction of the Lely Branch New Weir; Golden Gate City Stormwater Improvements (NW Quadrant) and West Goodlette-Frank Road Stormwater Improvements Attached for further processing are original copies of the agreements referenced above approved by the Collier County Board of County Commissioners (Item #16A13) on Tuesday, November 14, 2017. After the agreement(s) have been signed by the appropriate party, please return copies of the fully executed agreements to the Minutes and Records Department that serves as Clerk to the Board, for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachments (3) 16A13 PO NO. 950000 eNp�EP O SOUTH FLORIDA WATER MANAGEMENT DISTRICT ,,, ____j GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600003761 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of by and between the South Florida Water Management District(DISTRICT)and Board of 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 Golden Gate City Northwest Quadrant Stormwater Improvements; 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 December 14, 2017 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 Golden Gate City Northwest Quadrant Stormwater Improvements. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of seventeen(17)months. 1 6 A 1 3 3. The total DISTRICT contribution shall not exceed the amount of $238,860. 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$238,860. 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$238,860 or 50%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 May 31, 2019 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 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). Page 2 of 7,Agreement No.4600003761 4/27/17 1 6 A 1 3 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. 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. Page 3 of 7,Agreement No.4600003761 4/27/17 0� 1 6 A 1 3 15. 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. 16. 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. 17. The COUNTY shall maintain records and the DISTRICT 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 relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 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 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 financialnon-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 Page 4 of 7, Agreement No.4600003761 4/27/17 co 16A13 (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. 19. 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: Roxanne Taylor, Project Manager Attn:_Amy Patterson,Project Manager Attn: Sharman Rose,Contract Specialist Capital Project Planning, Impact Fees and Program 3301 Gun Club Road Management West Palm Beach, FL 33406 2685 South Horseshoe Drive, Suite 103 Telephone No.(561)682-2167 _ Naples, FL 34104 Email: shrose@sfwmd.gov Telephone No.(252)252-5721 Email: AmyPatterson@colliergov.net 20. COUNTY shall send its invoices and any attachments to :1PInvoice(a)sfwrnd.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 Section 218.70, 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. Page 5 of 7,Agreement No.4600003761 4/27/17 p_,3 1 6 A 1 3 21. 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. 22. 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. 23. 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. 24. 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. 25. 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 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. 26. 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. 27. 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. 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 previously existing between the parties with respect to the subject matter of this AGREEMENT. 29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 —28 Page 6 of 7, Agreement No.4600003761 4/27/17 '0'4) 16A13 (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 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: Ernest Marks, Executive Director By: Dorothy A. Bradshaw, Director Administrative Services Division SFWMD PROCUREMENT APPROVED By: Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I 4 By: '1 r�: PENNY TA ' F Title: CHAIRMAN ! / i Approve aso!, orm and legality Jeffrey A. Kla F•( ,County Attorney I ATTEST: DWIGHT E.W OCK Ci.ERK_, e Attest i ' ` ,,.� ' } signature only ri Page 7 of 7,Agreement No. 4600003761 ti 4/27/17 c3::4) 1 6 A 13. EXHIBIT "A" STATEMENT OF WORK GOLDEN GATE CITY NORTHWEST QUADRANT STORMWATER IMPROVEMENTS 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017- 2018 for flood protection, water quality improvement, natural system restoration, and alternative water supply projects which meet objectives of the Big Cypress Basin Strategic Plan. The existing stormwater management system for Golden Gate City is more than 50 years old and needs broad scale improvements. The current infrastructure contains corroded and collapsed pipes and deteriorated components, contributing to increased sediment loading and neighborhood-level flooding. Phase one of the multi-phase project will begin in the northwest quadrant of Golden Gate City. The project will increase the level of service of flood protection, enhance sediment removal efficiencies and improve water quality in the Golden Gate Main canal and Naples Bay. The stormwater improvements include swale regrading and re-sodding, additional catch basin construction and pipe installation. The improved swales and additional catch basins will improve water quality through the reduction of total suspended solids (TSS). 2.0 OBJECTIVE General project objectives, which align with the mission of the DISTRICT, include managing and protecting water resources of the region by balancing and improving flood control, water quality, and natural systems. The project specific objectives are to improve flood protection and water quality by reconstructing and upgrading a stormwater management system and associated appurtenances within the northwest quadrant of Golden Gate City. 3.0 SCOPE OF WORK Collier County (RECIPIENT) shall install a new stormwater system comprised of a series of approximately 60 catch basins/sediment traps, grated inlets and junction boxes, along with approximately 4,000 feet of concrete culvert pipe and approximately 6,200 linear feet of grassed roadside swales in accordance with design plans, project specifications, and applicable permits. The RECIPIENT will be responsible for satisfactory completion of the scope of work and may retain consultants, contractors, and/or vendors to provide the professional and construction services required. The RECIPIENT will also be responsible for project management, budget management, quality control, and public outreach. 4.0 WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below. Agreement No.4600003761, Exhibit"A" Page 1 of 2 04) 1 6 A 1 3 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager via email. Initiate construction activities per design plans, project specifications, and applicable permits. 4.2 Task 2 Continue construction activities per design plans, project specifications, and applicable permits. Submit quarterly status reports (Exhibit"C") to the DISTRICT Project Manager via email which provide a narrative of construction activities completed to date; a discussion of project status; an explanation of conflicts or issues, if any, which may affect construction progress or project performance; and a description of other pertinent information attached to the quarterly status report such as project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. 4.3 Task 3 Complete construction activities (100%) per design plans,project specifications, and applicable permits. Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which may affect project performance; the calculated benefits of the project and a description of other pertinent information attached to the quarterly status report such as before and after photos, project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant,contractor,and/or vendor invoices and proof of payment(s). Agreement No.4600003761, Exhibit"A" Page 2 of 2 1 6 A 1 3 EXHIBIT "B" DELIVERABLES AND PAYMENT SCHEDULE GOLDEN GATE CITY NORTHWEST QUADRANT STORMWATER IMPROVEMENTS The schedule set forth below is from the date of execution to May 31, 2019. All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project Manager. Acceptability of all work will be based on the judgment of the DISTRICT Project Manager that the work is technically complete and accurate. The RECIPIENT shall submit a Reimbursement Request Packages in accordance with the schedule set forth below and payment shall be made following receipt and acceptance of the Reimbursement Request Package by the DISTRICT Project Manager. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit"A"and shall include,but not be limited to, a copy of the RECIPIENT's invoice and other documentation supporting payment. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is therefore subject to adequate documentation to support actual eligible expenditures within the not-to-exceed AGREEMENT funding limitations specified below. Actual eligible expenditures less than the estimated project cost will result in a reduced final payment per the funding limitation percentage specified below. The RECIPIENT is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. The total DISTRICT contribution for all work completed herein shall not exceed the amount of$238,860 or 50%of eligible expenditures for the project, whichever is less. Agreement No.4600003761 Exhibit"B" Page 1 of 2 16A13 DISTRICT Estimated COUNTY Not-To- Project Task Deliverable(s) Due Date Share Exceed (50%) Share Cost (50%) (100%) Design Plans, Project 1 Specifications, Bid Amount March 31, 2018 N/A N/A N/A Documentation, and NTP March 31, 2018 N/A N/A N/A June 30, 2018 N/A N/A N/A 2 Exhibit "C" - Quarterly Status Report September 30, N/A N/A N/A 2018 December 29, N/A N/A N/A 2018 Exhibit "C" - Quarterly Status Report Complete 100%of construction activities per 3 design plans, project May 31, 2019 $1,761,140 $238,860 $2,000,000 specifications, and applicable permits. Reimbursement Request Package Total $1,761,140 $238,860 $2,000,000 Agreement No.4600003761 Exhibit"B" Page 2 of 2 1 6 A 13 EXHIBIT "C" QUARTERLY STATUS REPORT GOLDEN GATE CITY NORTHWEST QUADRANT STORMWATER IMPROVEMENTS 1.0 DATE OF REPORT Click here to enter a date. 2.0 NAME AND TITLE OF PERSON COMPLETING REPORT Click here to enter text. 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE LAST REPORT Click here to enter text. 4.0 DISCUSSION OF OVERALL PROJECT STATUS Click here to enter text. 5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION PROGRESS OR PROJECT PERFORMANCE (lick here to enter text. 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 Click here to enter text. Agreement No.4600003761,Exhibit"C" Page 1 of 1 16A13 PO NO. 950000 .?':1.":4",,,,\ '&,r07 4,;\ SOUTH FLORIDA WATER MANAGEMENT DISTRICT ii '�sem ,,/ GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600003760 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of by and between the South Florida Water Management District(DISTRICT)and Board of 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 to construct the Lely Branch Weir; 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 December 14, 2017 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 to construct the Lely Branch Weir. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3. The total DISTRICT contribution shall not exceed the amount of $200,000. The DISTRICT shall make payment upon completion and acceptance of the deliverables as 1 6 A 1 3 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$200,000. 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$200,000 or 40% 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 September 30, 2018 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 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 Page 2 of 7, Agreement No.4600003760 4/27/17 0� 1 6 A 1 3 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. 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. 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 Page 3 of 7,Agreement No.4600003760 4/27/17 Oma" 1 6 A 1 3 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. 16. 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. 17. The COUNTY shall maintain records and the DISTRICT 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 relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 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 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 Page 4 of 7,Agreement No.4600003760 4/27/17 (A)) 1 6 A 13 (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. 19. 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: Roxanne Taylor, Project Manager Attn:_Ananta Nath, Project Manager Attn: Sharman Rose,Contract Specialist Collier County Government Stormwater Planning 3301 Gun Club Road 2685 South Horseshoe Drive,Suite 103 West Palm Beach, FL 33406 Naples,FL 34104 Telephone No.(561)682-2167 Telephone No.(239)252-6048 Email: shrose(a),sfwmd.gov Email: AnantaNath@colliergov.net 20. COUNTY shall send its invoices and any attachments to API nvoice44sfwrnd.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 Section 218.70, 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. 21. 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. Page 5 of 7,Agreement No.4600003760 4/27/17 �a7 1 6 A 13 This AGREEMENT shall inure to the benefit of and shall be binding upon the parties,their respective assigns,and successors in interest. 22. 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. 23. 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. 24. 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. 25. 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 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. 26. 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. 27. 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. 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 previously existing between the parties with respect to the subject matter of this AGREEMENT. 29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 —28 (b) Exhibit"A" Statement of Work (c) Exhibit"B" Payment and Deliverable Schedule Page 6 of 7,Agreement No.4600003760 4/27/17 a� 0 1 6 A 13 (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. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Ernest Marks, Executive Director By: Dorothy A. Bradshaw, Director Administrative Services Division SFWMD PROCUREMENT APPROVED By: Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ale By_— PENNY Ti v•R f Title: CHAIRMAN Approve. es. +tfo tr and legality i tem_ Jeffrey A. Kla 7o ,County Attorney ATTEST: DWIGHT EIIR9C4 CLERK . 9 t Attestas Cha nnafl signature.ortly Page 7 of 7, Agreement No.4600003760 4/27/17 0� 16A13 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY LELY BRANCH WEIR 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017- 2018 for flood protection, water quality improvement, natural system restoration, and alternative water supply projects which meet objectives of the Big Cypress Basin Strategic Plan. The Lely Branch Canal is a component of the Lely Area Stormwater Improvement Project (LASIP) and provides drainage for the developed areas between Davis Boulevard and Rattlesnake Hammock Road. The conveyance capacity of the Lely Branch Canal has resulted in dry season water levels that are lower than desired. Collier County (COUNTY) has determined that constructing a new straight-weir type water control structure at the north end of the Rattlesnake Hammock Road culvert crossing will achieve water management safeguards against the lowering of seasonal surface and groundwater levels. Specifically, the weir is intended to improve upstream water levels by providing regulated release of floodwaters during the wet season, enhance surface water levels in lakes and shallow aquifers to provide protection from saltwater intrusion and reduce over-drainage from wetlands and native habitats. The water control structure will be fitted with an approximate 30-foot long gated weir with one dual leaf gate and two single-leaf gates at a control elevation of 4.0 feet NGVD(National Geodetic Vertical Datum) with related appurtenances to provide seasonal storage, treatment and regulated release of stormwater runoff from the west central LASIP basin to the Lely Main Canal. The dual leaf gates can be raised from the bottom or the top leaf can be lowered to create a weir crest at a lower elevation. The top of the gates will normally be closed and will be operated by the seasonal permitted criteria. 2.0 OBJECTIVE General project objectives, which align with the Big Cypress Basin Strategic Plan, include improving the local stormwater management system by constructing a new control structure that meets current design conditions while considering potential impacts of sea level rise. The project specific objectives are to provide regulated release of floodwater during the wet season, enhance surface waters and elevate groundwater levels in the shallow aquifers to provide protection from saltwater intrusion and reduce over- drainage from wetlands and native habitats. 3.0 SCOPE OF WORK The COUNTY shall construct a new approximate 30-foot long straight weir type water control structure with one dual leaf gate and two single-leaf gates at a control elevation of 4.0 feet NGVD and related appurtenances in accordance with design plans, project specifications and applicable permits. 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. EXHIBIT"A"Page 1 of 2 16A13 4.0 WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below. 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager. 4.2 Task 2 Submit quarterly status reports (Exhibit "C") to the DISTRICT Project Manager which provides a narrative of construction activities completed to date, a discussion of project status, an explanation of conflicts or issues, if any, which may affect construction progress or project performance, and a description of other pertinent information attached to the quarterly status reports such as project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. 4.3 Task 3 Complete 100% of construction activities for the new water control structure per design plans, project specifications, and applicable permits. Complete applicable equipment and component testing for the new water control structure and provide a record of such activities to the DISTRICT Project Manager. Submit a Certification of Completion to the DISTRICT Project Manager. Submit an Operations and Maintenance (O&M) Manual for the new water control structure to the DISTRICT Project Manager which includes design criteria, optimal wet season and dry season elevations (actionable set points), as well as emergency storm procedures. Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which may affect project performance; the calculated benefits of the project and a description of other pertinent information attached to the quarterly status report such as before and after photos, project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. Submit a Reimbursement Request to the DISTRICT Project Manager which includes supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). EXHIBIT"A"Page 2 of 2 16A13 EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE COLLIER COUNTY LELY BRANCH WEIR The schedule set forth below is from the date of execution to September 30, 2018. All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project Manager. Acceptability of all work will be based on the judgment of the DISTRICT Project Manager that the work is technically complete and accurate. The COUNTY shall submit a Reimbursement Request Package in accordance with the schedule set forth below and payment shall be made following receipt and acceptance of the Reimbursement Request Package by the DISTRICT Project Manager. Reimbursement Request Package shall adequately demonstrate completion of each Task in accordance with Exhibit"A"and shall include,but not be limited to, a copy of the invoice and other documentation supporting payment. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is, therefore, subject to adequate documentation to support actual eligible expenditures within the not-to-exceed AGREEMENT funding limitations specified below. In the event that actual eligible expenditures are less than expected for a particular Task, the COUNTY may apply the unexpended balance towards another Task consistent with the funding limitation percentage specified below. The COUNTY should provide prior written notice to the DISTRICT Project Manager of its decision to apply the unexpended balance toward another Task. Actual eligible expenditures less than the estimated project cost will result in a reduced final payment per the funding limitation percentage specified below. The COUNTY is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. The total DISTRICT contribution for all work completed herein shall not exceed the amount of$200,000 or 40% of eligible expenditures for the project,whichever is less. EXHIBIT"B" Page 1 of 2 0 1 6 A 1 3 DISTRICT Estimated COUNTY Not-To- Task Deliverable(s) Due Date Share Exceed Project (60%) Share Cost (100'%) %) Design Plans, Project 1 Specifications, Bid Amount December 31, 2017 N/A N/A N/A Documentation, and NTP December 31, 2017 N/A N/A N/A 2 Exhibit "C" - Quarterly March 31, 2018 N/A N/A N/A Status Report June 30, 2018 N/A N/A N/A Complete 100%of construction activities for the new water control structure per design plans, project specifications, and applicable permits. Documentation for 3 Applicable Equipment and September 30, 2018 $297,000 $200,000 $497,000 Component Testing Certification of Completion O&M Manual Final Report Reimbursement Request Package Total $297,000 $200,000 $497,000 EXHIBIT"B"Page 2 of 2 0 1 6 A13 EXHIBIT "C" QUARTERLY STATUS REPORT COLLIER COUNTY LELY BRANCH WEIR 1.0 DATE OF THIS REPORT 2.0 NAME AND TITLE OF PERSON COMPLETING THIS REPORT 3.0 NARRATIVE OF CONSTURCTION ACTIVITIES COMPLETED TO DATE 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 EXHIBIT"C"Page 1 of I r-1 3 1 6 A 1 3 PO NO. 950000 111\-. P•E M4, SOUTH FLORIDA WATER MANAGEMENT DISTRICT A. GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600003762 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of by and between the South Florida Water Management District(DISTRICT)and Board of 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 West Goodlette-Frank Road area joint Stormwater and Septic Tank Replacement; 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 December 14, 2017 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 West Goodlette-Frank Road area joint Stormwater and Septic Tank Replacement. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of nineteen(19) months. 1 6 A 1 3 3. The total DISTRICT contribution shall not exceed the amount of $800,000. 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$800,000. 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$800,000 or 40% 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 July 31, 2019 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 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). Page 2 of 7,Agreement No.4600003762 4/27/17 16A13 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. 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. Page 3 of 7, Agreement No. 4600003762 4/27/17 1 6 A 1 3 15. 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. 16. 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. 17. The COUNTY shall maintain records and the DISTRICT 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 relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 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 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 Page 4 of 7, Agreement No.4600003762 4/27/17 1 6 A 1 3 (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. 19. 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: Roxanne Taylor, Project Manager Attn:_Amy Patterson,Project Manager Attn: Sharman Rose,Contract Specialist Collier County Capital Project Planning,Impact 3301 Gun Club Road Fees and Program Management West Palm Beach, FL 33406 2685 South Horseshoe Drive,Suite 103 Telephone No.(561)682-2167 Naples, FL 34104 Email: shrose@sfwmd.gov Telephone No. (239)252-5721 Email: AmyPattersongacolliergov.net 20. COUNTY shall send its invoices and any attachments to API nvoicert 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 Section 218.70, 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. 0 Page 5 of 7,Agreement No.4600003762 4/27/17 1 6 A 1 3 21. 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. 22. 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. 23. 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. 24. 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. 25. 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 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. 26. 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. 27. 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. 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 previously existing between the parties with respect to the subject matter of this AGREEMENT. 29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 —28 O Page 6 of 7, Agreement No.4600003762 4/27/17 16A13 (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 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: —Ernest Marks, Executive Director By: Dorothy A. Bradshaw, Director Administrative Services Division SFWMD PROCUREMENT APPROVED By: Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _'..2./eA/1 PENNY TA`rR Title: CHAIRMAN i r / ? 1 _ _--, Approv fs tform and legality Jeffrey A. I( atzlf w,County Attorney M I EST. ,';` 13 • toy, i DWIGHT E.I CK,, l,ERK�,, . . i-4.. Attest a$tg Chairnnafl'e , ' r h. signature oPlY.;j, ti + ,,. Ods Page 7 of 7, Agreement No.4600003762 4/27/17 1 6 A 1 3 EXHIBIT "A" STATEMENT OF WORK COLLIER COUNTY WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2017- 2018 to local governments for construction and implementation of stormwater management, alternative water supply, and water conservation projects which meet objectives of the Big Cypress Basin Strategic Plan. This is a joint project with Collier County and the City of Naples for stormwater improvements and conversion of residential properties from septic to a sanitary sewer system. The project is located within unincorporated Collier County and within the City of Naples Sewer Service Area. It includes residential properties on individual septic tanks that experience seasonal flooding.The project area is located between Goodlette-Frank Road and US 41, north of Creech Road and south of Cypress Woods Drive. Collier County (RECIPIENT) has identified streets within this area that need stormwater improvements in conjunction with the City's replacement of the septic tanks with a sanitary sewer system improving the overall water quality of stormwater prior to discharge into the Gordon River with eventual outfall to Naples Bay, an Impaired Water Body. Collier County has determined that a treatment train BMP (Best Management Practice) approach will improve flooding and stormwater quality. This approach includes roadside swales overlaying a storm sewer system within Areas 4 and 5 of the City of Naples' Unsewered Master Plan and identified on the attached map (Exhibit 1). These stormwater improvements will provide improved flood protection for properties within Areas 4 & 5 and provide a treatment train combination of stormwater facilities that can include but not be limited to grassed swales, underground piping and storage, filters and inlet devices to improve the receiving waters in the Gordon River. This agreement is for Collier County's stormwater improvement component of the project. The City of Naples' component of septic-to-sewer conversion is addressed under a separate agreement. 2.0 OBJECTIVE General project objectives, which align with the mission of the DISTRICT, include managing and protecting water resources of the region by balancing and improving flood control, water quality, and natural systems. The project specific objective is to improve flood protection and water quality by installing a stormwater management system within Areas 4 and 5 of the project identified above,including swales overlaying a storm sewer system with associated appurtenances. 3.0 SCOPE OF WORK The RECIPIENT shall install a stormwater management system serving approximately 99 acres along [17-1MP-00204/1376104/1]AgreementNo.4600003762,Exhibit"A", Page 1 of 4 • 1 6 A 1 3 streets within Areas 4 and 5 identified in the City's 2006 Unsewered Master Plan in accordance with design plans, project specifications, and applicable permits. The stormwater management system will consist of, but not be limited to a combination of grassed swales, stormwater pipes, catch basins, inlets and other associated appurtenances. The DISTRICT shall reimburse the RECIPIENT $800,000 or 40% of eligible expenses, whichever is less, based on the final plans. The plans shall clearly indicate existing and proposed stormwater appurtenances. An amendment to the Agreement may be necessary depending on the final plans. Eligible expenses consist of new components of the stormwater management system that improve flood protection and water quality for the area. Ineligible costs include, but are not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance, etc. The RECIPIENT will be responsible for satisfactory completion of the scope of work and may retain consultants, contractors, and/or vendors to provide the professional and construction services required. The RECIPIENT will also be responsible for project management, budget management, quality control, and public outreach. 4.0 WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below. 4.1 Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager via email. Initiate construction activities per design plans, project specifications, and applicable permits. 4.2 Task 2 Continue construction activities per design plans, project specifications, and applicable permits. Submit quarterly status reports (Exhibit"C") to the DISTRICT Project Manager via email which provide a narrative of construction activities completed to date; a discussion of project status; an explanation of conflicts or issues, if any, which may affect construction progress or project performance; and a description of other pertinent information attached to the quarterly status report such as project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. 4.3 Task 3 Complete thirty percent (30%) of the construction activities per design plans, project specifications, and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant,contractor,and/or vendor invoices and proof of payment(s). [17-IMP-00204/1376104/1]Agreement No.4600003762, Exhibit"A", Page 2 of 4 16A13 4.4 Task 4 Complete construction activities (100%)per design plans, project specifications, and applicable permits. Submit a final report to the DISTRICT Project Manager which provides a narrative of the project; a discussion of project status and final punch list items; an explanation of conflicts or issues, if any, which may affect project performance; the calculated benefits of the project and a description of other pertinent information attached to the quarterly status report such as before and after photos, project oversight/management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes a RECIPIENT invoice and supporting documentation such as consultant,contractor,and/or vendor invoices and proof of payment(s). [17-IMP-00204/1376104/1]Agreement No.4600003762,Exhibit"A", Page 3 of 4 Car)) 1 6 A 1 3 __________ ___ , ,.. I West Goodlette-Frank Road Area Joint , Cottle,- County Stormwater and Sewer Improvements Project , t,;,, , , , it, ,, ..i, 2. *".41,°,. 've., ,,A, op vi.cw it;....:7-4 1„,,:34 i r;tdw,i 14 iiii3L6.:1.4 EL........! .s.......hi ..,..a,..jlit ? '''' / 11''.11 f °St itiiii. 4 4--ipive- "a a * 100140111,,f-10,- if ,,s, -N\1 , ,, . i . 4* S *'. 1108*()de 1 * *ir,,- !'4 #it'141i"?4,111 414 2r1mt-011.1:"—rA r , ! : Alls A oi kb A*, ,...... , tr " , . i . r , ,,7i:iyb i ,w- . a, V, iiii,v‘ i _ , . ormiti..„ so t,i,R,ose, ,,,i;loys ic17.1 ,, .4_, :,... .: s, ....%4 ,ZQ i: 11 Exhibit 1: General Location of Stormwater Improvements [|7-|MP'00204/\376|04/|'Agreement No.4hO0003762, Exhibit'`A~. Page 4n[4 16A13 EXHIBIT "B" DELIVERABLES AND PAYMENT SCHEDULE COLLIER COUNTY WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT The schedule set forth below is from the date of execution to July 31, 2019. All deliverables submitted herein are subject to review and acceptance by the DISTRICT Project Manager. Acceptability of all work will be based on the judgment of the DISTRICT Project Manager that the work is technically complete and accurate. The RECIPIENT shall submit a Reimbursement Request Packages in accordance with the schedule set forth below and payment shall be made following receipt and acceptance of the Reimbursement Request Package by the DISTRICT Project Manager. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit"A"and shall include,but not be limited to, a copy of the RECIPIENT's invoice and other documentation supporting payment. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is therefore subject to adequate documentation to support actual eligible expenditures within the not-to-exceed AGREEMENT funding limitations specified below. Actual eligible expenditures less than the estimated project cost will result in a reduced final payment per the funding limitation percentage specified below. The RECIPIENT is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. The total DISTRICT contribution for all work completed herein shall not exceed the amount of$800,000 or 40%of eligible expenditures for the project, whichever is less. [17-IMP-00204/1376104/1]Agreement No.4600003762, Exhibit"B" Page 1 of 2 CS;( 1 1 6 A 1 3 DISTRICT Estimated COUNTY Not-To- Project Task Deliverable(s) Due Date Share Exceed Cost (60%) Share (100%) (40%) Design Plans, Project 1 Specifications, Bid Amount April 30, 2018 N/A N/A N/A Documentation, and NTP July 31, 2018 N/A N/A N/A 2 Exhibit "C" - Quarterly October 31, 2018 N/A N/A N/A Status Report January 31, 2019 N/A N/A N/A April 30, 2019 N/A N/A N/A Complete 30%of construction activities per design plans, project 3 specifications, and September 30, $360,000 $240,000 $600,000 applicable permits. 2018 Reimbursement Request Package Final Report Complete 100%of construction activities per 4 design plans, project July 31, 2019 $840,000 $560,000 $1,400,000 specifications, and applicable permits. Reimbursement Request Package Total $1,200,000 $800,000 $2,000,000 [17-IMP-00204/1376104/1]Agreement No.4600003762,Exhibit"B" Page 2 oft 0 1 6 A 1 3 EXHIBIT "C" COLLIER COUNTY QUARTERLY STATUS REPORT WEST GOODLETTE-FRANK ROAD AREA JOINT STORMWATER AND SEPTIC TANK REPLACEMENT 1.0 DATE OF REPORT Click here to enter a date. 2.0 NAME AND TITLE OF PERSON COMPLETING REPORT ('lick here to enter text. 3.0 NARRATIVE OF CONSTRUCTION ACTIVITIES COMPLETED TO DATE OR SINCE LAST REPORT Click here to enter text. 4.0 DISCUSSION OF OVERALL PROJECT STATUS Click here to enter text. 5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION PROGRESS OR PROJECT PERFORMANCE ('lick here to enter text. 6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT FOR FURTHER CLARIFICATION OF DETAILS CONTAINED IN CONSTRUCTION ACTIVITIES NARRATIVE, OVERALL PROJECT STATUS DISCUSSION, AND/OR CONFLICTS EXPLANATION Click here to enter text. [17-IMP-00204/1376104/1)Agreement No.4600003762, Exhibit"C"Page 1 of 1 S