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Agenda 10/13/2015 Item #16A2010/13/2015 16.A.20. EXECUTIVE SUMMARY Recommendation to approve South Florida Water Management District ( SFWMD) Agreement No. 4600003312 and to authorize any necessary budget amendments to recognize grant funding in the amount of up to $937,500 for the construction of the Lely Area Stormwater Improvement Project (LASIP)/ Wingsouth Airpark Channels Improvements Project 51101. OBJECTIVE: For the Board of County Commissioners (BCC) to approve Funding Agreement No. 4600003312 with the SFWMD; this agreement provides funding in the amount of up to $937,500 for the construction of the LASIP/Wingsouth Construction Project. CONSIDERATIONS: The SFWMD annually ranks and chooses projects submitted by local governments to receive funding for water quality and flood mitigation improvements. For FY 2016 the project chosen was the Wingsouth Airpark Channels portion of LASIP. The Wingsouth portion is one of the final parts of LASIP to be constructed, lies in the Lely Manor Basin and connects the stormwater flow to its outfalls. On July 14, 2015, the SFWMD Big Cypress Basin Board approved funding assistance up to an amount of $937,500 to be used in FY2016 for construction tasks for the LASIP/Wingsouth Project. The Engineer's opinion of probable cost for the construction at the time of grant application was $2,581,674. As set forth in the guidelines established in the Statement of Work and Agreement documents, the County will submit reports and invoices throughout the construction at specific milestones, and reimbursement for construction costs will be made upon receipt of these, the final being in response to providing a Certification of Completion of Construction. The Agreement will be going before the Governing Board of the SFWMD for approval at its November 12, 2015 meeting. The current construction schedule includes a construction start in early January 2016, with a 300 day substantial completion time, plus 30 days to final completion. FISCAL IMPACT: The project was approved by BCC in the FY 2016 budget. A budget amendment is required to recognize grant revenue in the amount of $ 937,500 in GMD Grant Fund 711, Project 51101. A budget amendment is also required to recognize the required 64% match of $1,643,500 within GMD Match Grant Fund 712, Project 51101. The source of the required match is the LASIP Capital Stormwater Fund 325, Project 51101. Source of funds is ad valorem taxes. With the aforementioned improvements being done to these facilities, the Road Maintenance Division will now add these additional channels, adjacent banks, and access pathways to their maintenance schedule. Maintenance costs for aquatic weed spraying related to the improvements are estimated to be $9,888 annually. Additional right -of -way acquisitions have been acquired which will add acreage to the mowing and garbage removal maintenance at an estimated cost of $22,137 per year. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires majority vote for BCC approval. —SRT GROWTH MANAGEMENT IMPACT: This project has no direct impact on Collier County's growth management plan. RECOMMENDATION: That the BCC approves and authorizes it's Chairman to execute the attached SFWMD Agreement No. 4600003312 in the amount of $937,500, to assist in funding the LASIP / Wingsouth construction, and authorize any necessary budget amendments for this grant. Prepared By: Shane Cox, RE, Senior Project Manager, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachment: SFWMD Agreement No. 46C Packet Page -834- 10/13/2015 16.A.20. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.20. Item Summary: Recommendation to approve South Florida Water Management District (SFWMD) Agreement No. 4600003312 and to authorize any necessary budget amendments to recognize grant funding in the amount of up to $937,500 for the construction of the Lely Area Stormwater Improvement Project (LASIP)/ Wingsouth Airpark Channels Improvements Project 51101. Meeting Date: 10/13/2015 Prepared By Name: CoxShane Title: Project Manager, Senior, Growth Management Departm 9/14/2015 10:13:46 AM Submitted by Title: Project Manager, Senior, Growth Management Departm Name: CoxShane 9/14/2015 10:13:49 AM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 12:57:48 PM Name: KurtzGerald Title: Project Manager, Principal, Growth Management Department Date: 9/15/2015 6:04:11 PM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Growth Management Department Date: 9/18/2015 11:00:47 AM Name: KearnsAllison Title: Manager - Financial & Operational Sprt, Growth Management Department Packet Page -835- 10/13/2015 16.A.20. Date: 9/21/2015 4:47:29 PM '11—N Name: PattersonAmy Title: Division Director - IF, CPP & PM, Growth Management Department Date: 9/22/2015 12:22:31 PM Name: ShueGene Title: Division Director - Operations Support, Growth Management Department Date: 9/22/2015 4:24:19 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 9/22/2015 4:58:13 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 9/23/2015 2:51:21 PM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 9/24/2015 11:46:14 AM n Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 9/25/2015 10:32:45 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/25/2015 4:45:15 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 10/2 /2015 9:28:49 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/3/2015 8:45:55 AM Packet Page -836- 10/13/2015 16.A.20. AL PO NO. 950000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600003312 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 the 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 Lety Area Stormwater Improvement Area Wingsouth Airpark Channels; 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 November 12, 2015 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 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. 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 bJ Packet Page -837- 10/13/2015 16.A.20. 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 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 $937,500. 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. 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, n 6. The COUNTY's contribution shall be 64% of the total amount of the project in conformity with the laws and regulations governing the COUNTY. 7. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made apart 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 November 30, 2016 unless authorized through execution of an amendment 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. 4600003312 �J Packet Page -838- 10/13/2015 16.A.20. 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 of 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 (l) 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 assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination 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 ?, Agreement No. 4600003312 bJ Packet Page -839- 10/13/2015 16.A.20. 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 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 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 (CFDA), 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. 4600003312 Packet Page -840- 10/13/2015 16.A.20. n (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 Count Attn: Joseph Schmidt, Project Manager Attn: Shane Cox, Project Manager Attn: Sharman Rose, Contract Specialist Growth Management Division 3301 Gun Club Road 2885 South Horseshoe Drive West Palm Beach, FL 33406 Naples, FL 34104 Telephone No: (561) 682 -2167 Telephone No. (239) 252 -5792 Email: shroseCe4sfwmd.Vv Email. shanecox Acolliereov.net 20. COUNTY shall send its invoices and any attachments to APlnvoiceCa7sfwmd.yoy 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, 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, F.S. 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. n 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 Page 5 of 7, Agreement No. 4600003312 Packet Page -841- 9 10/13/2015 16.A.20. 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 (b) Exhibit "A" Statement of Work (c) Exhibit "B" Payment and Deliverable Schedule n Page 6 of 7, Agreement No. 4600003312 b� Packet Page -842- 10/13/2015 16.A.20. (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. SFWMD PROCUREMENTAPPRO�L�D Date: ATTEST DWIGHT E. BROCK, CLERK BY: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Dorothy A. Bradshaw, Procurement Bureau Chief BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Title: Name of Authorized Individual Approved as to form and legality Scott R. Teach, Deputy County Attorney Page 7 of 7, Agreement No. 4600003312 Packet Page -843- 9,00 10/13/2015 16.A.20. EXHIBIT "A" STATEMENT OF WORK Collier County Lely Area Stormwater Improvement Area (LASIP) Wingsouth Airpark Channels A. INTRODUCTION / BACKGROUND The South Florida Water Management District (DISTRICT) has allocated funding in Fiscal Year 2016 for flood protection, water quality improvement, natural system restoration, and alternative 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 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- related problems as a result of continued development within the 11,135 -acre basin. The LASIP drainage area consists of two sub - basins known as Lely Main and Lely Manor which drain to the 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. These spreader lakes, with control elevations between 2.0 and 3.0 feet NGVD, provide additional conveyance capacity for the system as well as improve the timing and distribution of freshwater 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 to be constructed, and it will connect to previously completed phases within the Lely Manor basin. B. OBJECTIVES The project objective is to increase the level of service for an existing stormwater conveyance system. LASIP facilities have been designed for the 25 -year, 72 -hour storm event. In addition, the project aims to re- establish a historic flowway, enhance adjacent wetlands /sloughs, and improve water quality. C. SCOPE OF WORK The COUNTY shall complete stormwater conveyance system improvements for Wingsouth Airpark Channels, which generally consist of the following: • 11,200 linear feet of natural swale 1,300 linear feet of 48 -inch reinforced concrete pipe (RCP) a 423 linear feet of 54 -inch RCP • 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 Agreement 4600003312, Exhibit "A", Page 1 of NO Packet Page -844- 10/13/2015 16.A.20. 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. Task 1 • Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager(s). Tasks 2 — 4 • Submit quarterly status reports (Exhibit "C ") to the DISTRICT Project Manager(s) 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 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 80% of stormwater conveyance system improvements per design plans, project specifications, and applicable permits. • 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). Task 5 • Complete 100% of stormwater conveyance system improvements per design plans, project specifications, and applicable permits. • Submit a Certification of Completion to the DISTRICT Project Manager(s). • 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). Agreement 4600003312, Exhibit "A ", Page 2 of 2 0 Packet Page -845- 10/13/2015 16.A.20. EXHIBIT "B" DELIVERABLES AND PAYMENT SCHEDULE Collier County Lely Area Stormwater Improvement Project (LAS1P) Wingsouth Airpark Channels The schedule set forth below is from the last date of execution by parties to December 31, 2016 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 P_ roject 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 n consistent with the funding limitation percentage specified below. The COUNTY should provide 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. 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. Agreement 4600003312, Exhibit "B ", Page 1 of 2 J Packet Page -846- Ird 0—h 1h 10/13/2015 16.A.20. *Partial billing may be submitted by the COUNTY as long as adequate supporting documentation provides evidence for the amount of work completed. Agreement 4600003312, Exhibit "B ", Page 2 oF2 Packet Page -847- 3� DISTRICT Estimated COUNTY Not -To- Project Task Deliverable(s) Due Date Share Exceed Cost (64 %) Share (100 %) (36 %) Design Plans, Project 1 Specifications, Bid Amount January 4, 2016 N/A N/A N/A Documentation, and NTP 2 Exhibit "C" - Quarterly March 4, 2016 N/A N/A N/A Status Report 3 Exhibit "C" - Quarterly June 2, 2016 N/A N/A NIA Status Report Exhibit "C" - Quarterly Status Report Complete 80% of 4* stormwater conveyance August 31, 2016 $1,314,800 $750,000 $2,064,800 system improvements per design plans, project specifications, and applicable permits. Complete 100% of stormwater conveyance system improvements per 5 design plans, project November 30, $328,700 $187,500 $516,200 specifications, and 2016 applicable permits. Certification of Completion Total tS1,643, 500 $937,500 $2,481,000 *Partial billing may be submitted by the COUNTY as long as adequate supporting documentation provides evidence for the amount of work completed. Agreement 4600003312, Exhibit "B ", Page 2 oF2 Packet Page -847- 3� 10/13/2015 16.A.20. EXHIBIT "C" QUARTERLY STATUS REPORT Collier County Lely Area Stormwater Improvement Project (LASIP) Wingsouth Aupark Channels Date of Report: Name / Title of Person Completing Report: l.) Narrative of construction activities completed to date: 2.) Discussion of overall Project status: 3.) Explanation of conflicts or issues, if any, which may affect construction progress or Project performance: 4.) Description of other pertinent information attached to this Report: Agreement 4600003312, Exhibit "C, Page 1 of I Packet Page -848- 9