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Agenda 09/08/2015 Item #16A489/8/2015 16.A.48. EXECUTIVE SUMMARY Recommendation to approve Amendment No. 02 to Agreement 4600002912 between Collier County and South Florida Water Management District ( SFWMD), which modifies the due date for Task 3: Final Construction Completion Report to September 30, 2015 for the 28th Avenue SE Bridge, Project No. 60123. OBJECTIVE: For the Board of County Commissioners (Board) to approve Amendment No. 02 (attached) to Agreement 4600002912 with South Florida Water Management District to revise the Payment and Deliverable Schedule of the Agreement so that adequate time is given for completion of the processing and payment of the final pay request to the construction contractor, Quality Enterprises, Inc., and so that proof of final payment may be received by South Florida Water Management District. CONSIDERATIONS: This project reached substantial completion on June 12, 2015 and final completion on July 22, 2015, ahead of the scheduled completion date. However, due to delays in receipt of construction related documents (as -built plans) and approval by the designer of certifications from a manufacturer regarding load calculations, Amendment No. 02, revising the due date for Task 3: Final Completion Report, is needed. Without the as -built plans and the assurance given by the load certification, staff was unable to approve the final payment in time for the contractor's invoice to be processed and paid within the July 31, 2015, time frame set forth in Amendment No. 01 approved by the BCC on July 8, 2014. The provisions of Amendment No. 02 extend the time period from July 31, 2015 to September 30, 2015 for the County to apply for the final grant payment and to provide proof of payment of the contractor to SFWMD. When proof of payment is received, SFWMD can release its final payment of $300,000 to the County. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary, LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires majority vote for BCC approval — SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve and authorize its Chairman to execute the attached SFWMD Agreement Amendment No. 02 to Agreement 4600002912 to modify the due date for Task 3: Final Construction Completion Report to September 30, 2015 for the 28th Avenue SE Bridge, Project No. 60123. Prepared by: Steve Ritter, Road Construction Manager, Transportation Engineering Division, Growth Management Department Attachment: SFWMD Agreement 4600002912 -A02 Packet Page -1099- 9/8/2015 16.A.48. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.48. Item Summary: Recommendation to approve Amendment No. 02 to Agreement 4600002912 between Collier County and South Florida Water Management District (SFWMD), which modifies the due date for Task 3: Final Construction Completion Report to September 30, 2015 for the 28th Avenue SE Bridge, Project No. 60123. Meeting Date: 9/8/2015 Prepared By Name: LehmannJune Title: Supervisor - Operations, Growth Management Department 8/14/2015 11:48:27 AM Submitted by Title: Manager - Road Construction, Growth Management Department Name: RitterSteve 8/14/2015 11:48:28 AM Approved By Name: LynchDiane Title: Supervisor - Operations, Growth Management Department Date: 8/14/2015 12:50:09 PM Name: HerreraSandra Title: Manager - Procurement, Administrative Services Department Date: 8/14/2015 1:05:46 PM Name: TaylorLisa Title: Management/Budget Analyst, Growth Management Department Date: 8/14/2015 1:10:36 PM Name: MarkiewiczJoanne Title: Division Director - Purchasing & Gen Svc, Administrative Services Department Date: 8/14/2015 2:38:04 PM Packet Page -1100- 9/8/2015 16.A.48. Name: KearnsAllison Title: Manager Financial & Operational Support, Growth Management Department Date: 8/14/2015 2:45:47 PM Name: KeamsAllison Title: Manager Financial & Operational Support, Growth Management Department Date: 8/14/2015 2:58:10 PM Name: AhmadJay Title: Division Director - Transportation Eng, Growth Management Department Date: 8/17/2015 7:19:37 AM Name: WilkisonDavid Date: 8/17/2015 5:35:17 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 8/18/2015 9:32:31 AM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 8/19/2015 2:04:28 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/19/2015 4:36:18 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 8/27/2015 1:44:34 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/27/2015 5:09:46 PM Packet Page -1101- 9/8/2015 16.A.48. 0 I �vAL a 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600002912 -A02 AMENDMENT NO. 02 TO AGREEMENT NO. 4600002912 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This AMENDMENT NO. 02, is entered into on _ to that AGREEMENT dated October 1, 2013, and as amended on July 22, 2014, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period of performance, revise the Statement of Work, and revise the Payment and Deliverable Schedule of the AGREEMENT; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by two (2) months and the expiration date, as amended, is September 30, 2015. This AMENDMENT NO. 02 shall be effective upon the date of execution by the Parties. 2. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT. 3. The Statement of Work, attached as Exhibit "Al" to the AGREEMENT, is hereby amended in accordance with 11A21', attached hereto and made a part of this AMENDMENT NO. 02. Page I of 2, Amendment No. 02 to Agreement No. 4600002912 Packet Page -1102- 9/8/2015 16.A.48. ID SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "B2 ", attached hereto and made a part of this AMENDMENT NO. 02. 5. All other terms and conditions of the AGREEMENT remain unchanged, IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date first written above. SFW'MD P ocuREMENT APPRovER BY: � 1t DATE: 0, Ca SOUTH FLORIDA WATER MANAGEMENT DISTRICT Dorothy A. Bradshaw, Procurement Bureau Chief BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Title: Page 2 of 2, Amendment No. 02 to Agreement No. 4600002912 Packet Page -1103- 9/8/2015 16.A.48. EXHIBIT `°A2" STATEMENT OF WORK Replacement of 28th Avenue S.E. Culvert on Miller Canal Capital Improvement Project — FY 2014 A. INTRODUCTION/BACKGROUND The existing culvert crossing on Miller Canal at the westerly terminus of 28th Avenue Southeast off Everglades Boulevard in Northern Golden Gate Estates (Figure 1) has poor conveyance capacity, and backs up water considerably creating high tailwater conditions for the roadside swales during high flow conditions. The culvert consists of three 5 -foot diameter corrugated galvanized steel pipes, 38 feet long and spaced 13' -6" on centers for a total bridge length of approximately 32 feet. The roadway over the bridge carries two lanes of traffic with a total pavement width of 20' -6" with 3' -1" grassed shoulders on each side. Guard rail is provided on each side of the roadway over the bridge and headwalls and wing walls are constructed using concrete filled rip rap bags. The crossing is located within a 95' wide, north to south, platted drainage easement as depicted along the west side of Golden Gate Estates (GGE) unit 88 Plat, Plat Book 5 Page 27, due west of the western limit of the 28th Avenue Southeast 60' wide road right of way. The road is moderately used by the Woodlands Grade /Benton Road area residents and provides the only reasonable access to this area. The area west of the canal is private and not publicly maintained. In order to meet the District's need for enhancement of the conveyance capacity of Miller Canal, and also the need for maintaining transportation access to the area residents, the replacement of the undersized culverts by a bridge has been proposed as a joint capital improvement project by the two agencies. This statement of work outlines the tasks of a cooperative agreement between the District and the County for implementation of the project. This is a cost -share project with Collier County, The County, as the implementing agency, is providing in kind services for project design management, permitting, construction management and land acquisition management as needed. In addition, the County will provide up to $250,000 for actual hard costs associated with consultants, land acquisition and construction. The District is providing funds for construction of the project which is estimated at $575,000. B. OBJECTIVE The purpose of this agreement is to provide funding to Collier County for the construction of a new bridge on Miller Canal at 28'h Ave SE, Collier County, FL to enhance the conveyance capacity of the canal by replacement of the existing undersized culverts at that location. C. SCOPE OF WORK The County will provide construction management and overall contract management, including obtaining additional land easement (if needed) for the installation of a new bridge on Miller Page I of 3, Exhibit "A2" to Agreement 4600002912 Packet Page -1104- 9/8/2015 16.A.48. Canal at 28th Ave SE, in Golden Gate Estates, Collier County, FL and the District will provide funding for the construction project. D. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of this project and may retain consultants to acquire professional services for design, permitting, real estate acquisition, and construction management of the project. The County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible for processing construction contract bidding, selecting contractor, reviewing and approving deliverables from its construction contractor(s) and consultant(s) to ensure that the project objectives are met. The work breakdown associated with this project is described below. Task 1: 1St Quarterly Status Report: The County shall submit to the project manager a status report summarizing construction progress made to date, and include the First Invoice. This invoice will include documented costs associated with the initial mobilization through construction of main substructural bridge components. Major items will include clearing and grubbing activities, installation of temporary detour, construction of new bridge pilings and abutments. Due Date: March 31St, 2015 Task 2: 2 "d Quarterly Status Report: The County shall submit to the project manager a status report summarizing construction progress made to date, and include the Second Invoice. Invoice will include documented costs of items associated with substantial project completion, to include superstructure, paving of bridge roadway traffic lanes and associated signing, and canal bank stabilization. Due Date: June 30th, 2015 Task 3: Final Construction Completion Report: The County shall submit to the project manager a status report documenting the project completion, to be accompanied by a Certificate of Completion and submission of As -Built drawings, duly signed and sealed by a Florida registered P.E. The third and Final Invoice will include documented cost of items associated with final project completion, closeout items from previously completed tasks, final site cleanup, any remaining landscaping and sod, and removal of temporary detour. Due Date: September 3051, 2015 Page 2 of 3, Exhibit "A2" to Agreement 4600002912 Packet Page -1105- 9/8/2015 16.A.48. FIGURE 1— Project Location Page 3 of 3, Exhibit "A2" to Agreement 4600002912 Packet Page -1106- a S Yi�w f.E !!o I � S � � j Mn` Y 1 / i } ,n cvees anx th Ave S. E. Culveve rt Replacement xa.� n.uae,w, f3FI1Y)f1F PMLlIGWFq'. FiotW Page 3 of 3, Exhibit "A2" to Agreement 4600002912 Packet Page -1106- 9/8/2015 16.A.48. EXHIBIT "B2" PAYMENT AND DELIVERABLE SCHEDULE • Payment from the District to the County shall be done in three (3) installments. The County shall submit to the District Project Manager two (2) Quarterly Status Reports and one (1) final Construction Completion Report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project on the dates shown in the table below. • The County, as the implementing agency is providing services for project design and permitting, and will provide construction management and acquire easements as needed. The value of the County's fiscal participation shall not exceed $250,000. In kind services of design management, permitting management, land acquisition management and construction management shall not be considered for fiscal participation. • All deliverables submitted hereunder are subject to review and acceptance by the District. • Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. The District shall approve the design and bid specifications prior to the County advertising the project. • Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth above. • All invoices shall be accompanied by adequate documentation to demonstrate completion of each task outlined in this the Statement of Work (SOW). • Total payment by the District for all work completed herein shall not exceed the amount of $575,000. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year 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 of this Agreement to the contrary. * Final actual costs shall be submitted to the District prior to construction contract approval for reconciliation. Amount may change based upon actual construction costs. Page I of 1, Exhibit `B2" to Agreement No. 46000029I2 Packet Page -1107- Report Due District Not -To Task Deliverables Invoice Date Date Exceed Payment First Quarterly Status 1 Report / First Invoice 3/31/15 3/31/15 $125,000.00 Second Quarterly Status 2 Report / Second Invoice 6/30/15 6130115 $150,000.00 Final Construction Completion Report / 9/30/15 9/30/15 $300,000.00* 3 Third Invoice Total District Funding * 1 $575,440.00* * Final actual costs shall be submitted to the District prior to construction contract approval for reconciliation. Amount may change based upon actual construction costs. Page I of 1, Exhibit `B2" to Agreement No. 46000029I2 Packet Page -1107-