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Agenda 02/11/2014 Item #16B1 2/11/2014 16.B.1 . EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners (BCC) as the Collier County Community Redevelopment Agency (CRA) approve Amendment #01 to Agreement No. 4600002788 with the South Florida Water Management District (SFWMD) for Immokalee Drive Drainage Improvements. OBJECTIVE: That the CRA approve an amendment to the previously approved funding agreement between the CRA and the SFWMD. CONSIDERATION: On June 9, 2009, BCC agenda item #16(B)(7), the BCC accepted the Immokalee Storm Water Master Plan (ISWMP) as commissioned by the Big Cypress Basin of the South Florida Water Management District. The ISWMP consists of six distinct geographic regions, or projects, throughout the Immokalee Urban Designated Area that have historically witnessed frequent flooding problems and high levels of contaminants in the stormwaters. These areas are identified as: 1.Downtown Immokalee 2.Immokalee Drive 3. Madison Creek Ditch Improvements 4. Fish Creek Re-Shaping 5. Slough Cross Drain Additions 6.Lake Trafford Ditch Culvert upgrades On May 22, 2012, as Agenda Item No. 16(D)(3), the County awarded the CRA a Disaster Recovery Enhancement Funds (DREF) grant in the amount of $2,011,955.46 for design and construction of the project known as Immokalee Drive. On February 26, 2013, as Agenda Item No. 14B2, the CRA approved an Agreement with SFWMD that provides the CRA with$200,000 of funding assistance for Engineering Services related to the Immokalee Drive project within the ISWMP. The required deliverables and dates of completion were identified in the Agreement's Statement of Work which is attached for reference. The original deliverable schedule set a deadline of October, 2013 for the CRA to request the $200,000 in reimbursement from SFWMD. Unfortunately, heavy seasonal flooding throughout the project area has prolonged the completion of the surveying& design components contained within the $200,000 schedule of tasks. Accordingly, the proposed amendment extends the due date from "October 2013" to "February 28. 2014". In addition to the schedule change,the scope of deliverables set forth in the Statement of Work have been reduced to include only design and permitting services. The Construction Engineering Inspection (CEI) services, shop drawing review and bid assistance components are all being removed from the original document since these services are functions related to the construction period, which will not occur until Spring-2014. FISCAL IMPACT: The agreement under discussion provides up to $200,000 in reimbursement funding for engineering services related to the Immokalee Drive Drainage Improvement Project. Per the agreement, reimbursement for services will be accomplished once the CRA receives and pays for 100% construction documents and SFWMD permits for the project. A project expenditure budget (number 33266-01) along with offsetting reimbursement revenue in the amount of$200,000 was established by Packet Page-312- 2/11/2014 16.B.1 . budget amendment in CRA Grant Fund (715) when the original agreement was approved by the CRA on February 26, 2013,agenda item#14B2. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: This Agreement furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development. Also, the Agreement is consistent with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. Furthermore, the 2008 Annual Conference publication from the Florida Redevelopment Association (FRA)provided the following guidance: "One of the primary tenants of a Community Redevelopment Agency is to provide clean and safe environments through the redevelopment of stormwater management systems. CRA's should promote clean environments through stormwater system improvements including watershed planning, land conservation, erosion and sediment control, stream restoration, and pollution prevention. Stormwater management reduces the amount of pollutants in runoff to reduce the threat to drinking water supplies, recreation and wildlife. Redevelopment implements stormwater safety by improving site designs, preserving natural drainage systems, enhancing water quality and preventing future flood damages. CRA support clean water goals that allow residents to be proud of their communities." RECOMMENDATION: That the CRA Board approved and authorizes the Chairman to sign the attached amendment to an existing Local Governmental Agreement between the SFWMD and the CRA reducing the CRA's deliverable obligations and extending the CRA's performance period within said agreement. Prepared By: Bradley Muckel, Interim Director Collier County CRA—Immokalee Attachments: 1) Original Executed SFWMD/CRA Local Governmental Agreement 2) Amendment#01 —Final Packet Page-313- 2/11/2014 16.B.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Collier County Board of County Commissioners (BCC) as the Collier County Community Redevelopment Agency (CRA) approve Amendment#01 to Agreement No. 4600002788 with the South Florida Water Management District (SFWMD)for Immokalee Drive Drainage Improvements. Meeting Date: 2/11/2014 Prepared By Name: MuckelBradley Title: Project Manager, 1/30/2014 2:58:45 PM Submitted by Title: Project Manager, Name: MuckelBradley 1/30/2014 2:58:47 PM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/30/2014 4:05:38 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 1/30/2014 4:05:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 1:29:16 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 1/31/2014 5:00:01 PM Packet Page-314- 2/11/2014 16.B.1 . Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 10:48:21 AM Packet Page-315- 2/11/2014 16.B.1 . t. SOUTH FLORIDA WATER MANAGEMENT DISTRICT : "n".,ey;� Ground Delivery Fedex: 4176562 15070107 March 6, 2013 Mr. Bradley Muckley Collier County Community Redevelopment Agency 1320 North 15th Street lmmokalee, FL 34142 Dear Mr. Muckley: Subject: Contract#4600002788 Immokalee Drive Drainage Improvements Please find enclosed one (1) fully executed copy of the above referenced document. Thank you for your efforts on behalf of the South Florida Water Management District (District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, '0Z-0-- Sharman Rose Sr. Contract Specialist Procurement Bureau shrose @sfwmd.gov (561) 682-2167 FAX: (561) 682-5624 /SR Enclosure c: Max Guerra - MSC 8322 3301 Gun Club Road,West Palm Beac' — -"•-" - '86-8800 • FL WATT 1-800-432-2045 Mailing Address: P.O.Box 246E Packet Page-316-3416-4680 • www.sfwmd.gov 2/11/2014 16.B.1. ORIGINAL IN VOICE REFERENCE NO.9 5coo o5621..,a PEER/it9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002788 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA) THIS AGREEMENT is entered into as of MAR 0 J 2013 by and between the South Florida Water Management District (DISTRICT) and Collier County Community Redevelopment Agency(AGENCY). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the AGENCY to conduct Stormwater Master Plan Implementation; and WHEREAS, the AGENCY 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 15, 2012 meeting, approved entering into this AGREEMENT with the AGENCY. 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 AGENCY 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 Immokalee Drive Drainage Improvement Project. Packet Page-317- 2/11/2014 16.B.1 . 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 year. 3. The total DISTRICT contribution shall not exceed the amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit"S", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $200,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the AGENCY is providing a cost sharing contribution as provided for in paragraph 5 below, the AGENCY 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. 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 AGENCY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The AGENCY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The AGENCY 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. 5. The AGENCY shall cost share in the total amount of the project in conformity with the laws and regulations governing the AGENCY. 6. 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 AGENCY 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 AGENCY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMENT unless authorized through execution of an amendment to cover succeeding periods. 7. The AGENCY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The AGENCY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. Page 2 of 7,Agi Packet Page-318-do.4600002788 2/11/2014 16.B.1 . The AGENCY 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 AGENCY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the AGENCY 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 AGENCY under this AGREEMENT shall be deemed to be the property of the AGENCY upon completion of this AGREEMENT. The AGENCY shall retain all ownership to tangible property. 9. The AGENCY, 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 AGENCY and the officers, employees, servants and agents thereof. The AGENCY 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 AGENCY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the AGENCY subcontracts any part or all of the work hereunder to any third party, the AGENCY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the AGENCY. Any contract awarded by the AGENCY shall include a provision whereby the AGENCY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the AGENCY's subcontract. 10. The AGENCY 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. 11. 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 AGENCY, 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 Page 3 of 7,Ag Packet Page-319-+to.4600002788 2/11/2014 16.B.1 . AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. 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. 13. The AGENCY, 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 AGENCY, upon request, as to any such laws of which it has present knowledge. 14. 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 AGENCY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The AGENCY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the AGENCY 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 AGENCY. 16. The AGENCY shall maintain records and the DISTRICT shall have inspection and audit rights below. The AGENCY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The AGENCY 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 AGENCY shall extend the period of Page 4 of 7,Age Packet Page -320-do.4600002788 2/11/2014 16.B.1 . 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. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds,the AGENCY shall, in addition to the inspection and audit rights set forth in paragraph 16 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 AGENCY as set forth in Exhibit "C". The AGENCY 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 (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 AGENCY's financial and non- financial records to the extent necessary to monitor the AGENCY'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. 18. 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 Community Redevelopment Agency -Immokalee Attn:Max Guerra,Project Manager Attn:Bradley Muckley Attn: Sharman Rose,Contract Specialist Principal Project Manager 3301 Gun Club Road 1320 North 15"Street West Palm Beach,FL 33406 Immokalee,FL 34142 Telephone No.(561)682-2167 Telephone No.(239)867-4121 X204 Fax No. (561)682-5624 Email: shrose@sfwmd.gov Page 5 of 7,Age Packet Page -321-1o.4600002788 2/11/2014 16.B.1 . 19. Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts Payable at the DISTRICT's address specified below. All invoices shall reference the AGREEMENT and SAP Reference Numbers specified on page one of this AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the DISTRICT's Project Manager either at the address specified in paragraph 18 above or via Facsimile(FAX)using the FAX number also specified above. South Florida Water Management District Attention: Accounts Payable P.O. Box 24682 West Palm Beach,Florida 33416-4682 20. AGENCY 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. 21. 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. 22. 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. 23. 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. 24. 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. Page 6 of 7,Ag Packet Page-322-vo.4600002788 2/11/2014 16.B.1 . 25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be �.N 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. 26. 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. 27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1—26 (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 Page 7 of 7,Ag Packet Page-323-1o.4600002788 2/11/2014 16.B.1 . 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 `,\ v,, By: b"11 )iv. Q - i ♦# • ' I Dorot y A Br dshaw,Procurement Bureau Chief SFWMD PROCUREMENT APPROVE By: S —. Date: 3'105,1•k� COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: 1/p -' .,),C Name of Authorized Individual DONNA FIALA Title: CHAIRMAN ATTEST: DWIGHT E:BROCK, Clerk : -.E9SW‘—k_ Attest-as to Chairman's ;,,ignature only. J Approved as to form and legal sufficiency: TV my Attorney's Office �o 4600002788 Page 8 of 7,Ag Packet Page-324- 2/11/2014 16.B.1 . EXHIBIT "A" STATEMENT OF WORK Immokalee Community Redevelopment Agency (CRA) Immokalee Drive Drainage Improvements Collier County A.INTRODUCTION In 2004 the Big Cypress Basin commissioned H.W. Lochner, Inc. to undertake the Immokalee Stormwater Master Plan(ISWMP) Study. This effort came as a result of historical concerns over stormwater contaminants and reoccurring flood conditions in the area. Lochner separated the Immokalee Urban Designated Area into six geographical "project areas" in order to analyze the existing water-flow characteristics and water contamination conditions within each of the areas. These project areas were identified as: 1. Downtown Immokalee(near completion) 2. Immokalee Drive 3. Madison Creek Ditch 4. Fish Creek Re-Shaping 5. Slough Cross Drain Additions 6. Lake Trafford Ditch Culvert upgrades The County's estimated cost of the project is 2.4M. District has budgeted $200,000 in dedicated Big Cypress Basin (BCB) funds in FY13 to assist the Immokalee CRA with the continued implementation of the Immokalee Stormwater Master Plan(ISWMP). B. OBJECTIVE The objective of this project is to design, construct and perform construction engineering inspection (CEI) services for the drainage improvement project known as Immokalee Drive, as identified in the overarching ISWMP. C. SCOPE OF WORK The Downtown Immolcalee project is currently nearing completion. The next of the six projects to be constructed will be "Immokalee Drive". The project will include survey, secure permits, locate properties and establish ROW, prepare constructions plans, bidding and RFI, and CEI services during construction. D. WORK BREAKDOWN STRUCTURE The funding covered under this agreement will be used to perform the following tasks for the Immokalee Drive project: Packet Page-325- 2/11/2014 16.B.1 . Task 1: Complete site survey depicting existing utilities, driveways, property lines, etc. The consultant will locate property and section corners to establish and verify the ROW or existing easement lines (Horizontal control will be based on NAD 83 State Plan Florida East Zone and vertical control in NAVD 88). Task 2: Prepare 30% design documents. Task 3: Prepare an engineer's opinion of probable cost(30%) and provide project schedule. • Task 4: Consult with the Big Cypress Basin Board of the SFWMD and provide grant compliance. Task 5: Attend 60% and 90% design progress meetings with client to review complete plans and incorporate comments provided by all reviewers. Task 6: Prepare complete construction documents incorporating all utility information provided by the utility owners, and identify and resolve conflicts with stormwater facilities. Task 7: Professional engineering services necessary to prepare, submit, and secure all applicable permit applications related to the proposed drainage improvements. Task 8: Provide revised/updated cost estimates at 60%,90%and 100%design phases. Task 9: Update and prioritize the remaining improvements identified in the underlying ISWMP using the following parameters as a ranking matrix: a. Priority needs identified by the Immokalee Community Redevelopment Agency Advisory Board b. Improvement in Level of Drainage Service c. Improvement in Environmental Quality d. Incentive for Redevelopment Activities e. Budget/Cost f. Land Acquisition Need and Feasibility g. Permitting Complexity h. Adequacy of existing and proposed stormwater outfalls i. Time to Project Completion j. Benefit to residential land uses(units) k. Benefit to commercial land uses (acres) 1. Benefit to agricultural land uses (acres) m. Benefit to conservation/natural land uses (acres) n. Project completion from a downstream to upstream (normal stormwater flow direction)progression. Page 2 of 3,Exhibit"A"to Agreement No.4600002788 Packet Page-326- 2/11/2014 16.B.1 . Task 10: Assist with the bid exercise and answer requests for information (BFI's) as needed Task 11: Perform shop drawing reviews Task 12: Perform CEI services during construction(as remaining funds allow) E.APPLICABLE STANDARDS • Florida Department of Transportation (FDOT) Booklet "Design Standards" Dated January,2010 • Collier County Utility Department Specifications • Collier County General Terms and Conditions • Collier County Stormwater Management Department Supplemental Terms and Conditions • State of Florida Manual of Traffic Control and Safe practices for Street and highway Construction,Maintenance, and Utility Operations • Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988) • All other standards to be identified in the General and Special Conditions Sections of the SFWMD Surface Water Management Permit F.LOCATION OF WORK As depicted in the attached conceptual design, the Immokalee Drive project consists of drainage improvements to: • Immokalee Drive from SR 29 to South Carson Road, • North 16th Street from 8u'Avenue to Immokalee Drive,and • Wells Street from Immokalee Drive to end. G. PERFORMANCE PERIOD The bid solicitation will be released by the Collier County Purchasing Department in mid to late February,2013.Following the normal sequence of events,a contract will most likely be issued to a consultancy firm in order to accomplish tasks 1-8 identified in the scope of work above in April, 2013. The performance period related to those tasks (design component) within the scope will be from April, 2013 through October,2013. The performance period for tasks 9-11 will occur between September, 2013 and May, 2014. Page 3 of 3,Exhibit"A"to Agreement No.4600002788 Packet Page-327- 2/11/2014 16.B.1 . EXHIBIT`B" PAYMENT AND DELIVERABLE SCHEDULE A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. 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. Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with this Statement of Work document. District Not- :Task • . • '?Deliverables • Due bate to-.Emceed Payment. 1 Prepare site survey June-2013 2 Produce 30%design documents June-2013 3 30% Opinion of probable cost(OPC) and tentative June-2013 project schedule • 4 Coordinate with Big Cypress Basin Board as needed Mar 2013- Oct-2013 5 V Attend 60%and 90%design meetings 3u12013- Sept-2013 6 Produce 100%construction documents Oct-2013 7 Acquire Permits Nov-2013 Produce updated opinion of probable cost(OPC)and 8 Oct 2013 schedule at 60%, 90%and 100%design 9 Update and prioritize remaining scope of the ISWMP Oct-2013 10 Procure Construction Firm,respond to RFI's and issue Oct-2013 $200,000 notice to proceed(NTP) • 11 Perform shop drawing reviews Dec-2013 12 Perform CM Services(construction period) Jan - Maay-201y-2014 Total-Not-Exceed Payment $200,000 Page 1 of 2,Exhibit`B"to Agreement No.4600002788 Packet Page-328- 2/11/2014 16.B.1 . The funding assistance provided by the BCB to the Immokalee CRA will be based on a cost share situation with a one-to-one match requirement. A payment shall be issued to the Immokalee CRA upon proof of project expenditure by the CRA in an amount not to exceed $200,000. By September 30,2013,the CRA will submit to the BCB a request for reimbursement with applicable back-up documentation for items identified in the above Scope of Work. Page 2 of 2,Exhibit"B"to Agreement No.4600002788 Packet Page-329- 2/11/2014 16.B.1 . o '0 O U in O td O 0 •Z 0 r. 0 , O B t. te+ " 2,1) (� tp, r r O L O �+ O f2, U U Vl C],U V] Ar o. v) 2 co 0 g �p.c cz ta, U +ry 5 6, g El ..0 tzi yC 0 Q y �G N Q O U;-.! DA 00 C bA �, w y 4. O w O L -4. � K in 0 0 R '� 74 ti d U :w cif in O M E. �1, co DA bL 6, pCJ = : O F O r :V., g O .. 0 0 U G7 aO to .sa '°.. .r Z yr p U C w U z 1w • �z tib o z o o � .=• • U O 0 O U } O W 3 Ow a U w q a v tt N . su O C a> w 0 6'1 z o o a) Or tXt _4 04 o o . E, O s€ 7 `� 5 vvi a) w on w A9 ° Aa ° m �. nasal Lt O'c .4 w 1.4 L 411 a o :4 Fk c 0, �a a y L o •a. . „ 5 1 H ,a - c- a a;7.5 W ° ,0 O a 01) .9 , 0 MI 0 �• ��PO t v d d �- tgp 0) A a>'74 a ~ Bin ,.,q ov b O tea ,4 r3§1.a �O ab °d o) O v a> E4.2 11 4' 4 Z � a Packet Page -330- I 2/11/2014 16.B.1. e? SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600002788-A01 AMENDMENT NO.01 TO AGREEMENT NO.4600002788 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA) • This AMENDMENT NO. 01,is entered into on , to that AGREEMENT dated March 5, 2013, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Community Redevelopment Agency (AGENCY). WITNESSETI-I 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 AGENCY, 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 twenty-seven (27) days and the expiration date,as amended, is March 31,2014. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties. 2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. 3, The Statement of Work,attached as Exhibit "A" to the AGREEMENT,is hereby deleted in its entirety and replaced by Exhibit "AI", attached hereto and made a part of this AMENDMENT NO. 01. Page 1 oft,Amendment No.01 to Agreement No.4600002788 Packet Page -331- `I) 2/11/2014 16.B.1 . (s W04/.4 04/. SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4. The Payment and Deliverable Schedule,attached as Exhibit"B"to the AGREEMENT is also hereby deleted in.its entirety and replaced with Exhibit"B1",attached hereto and made part of this AMENDMENT NO.01. 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.01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Dorothy A.Bradshaw,Procurement Bureau Chief SFWMD PROCUREMENT ArTaOv BY: DATE: l t COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By(signature): Name of Authorized Individual Title ATTEST: DWIGHT E.BROCK,CLERK Approved as to Form and Legal \` ' County Attorney's Office 3 L\r°- Page 2 oft,AmendmentNo.01 to Agreement No.4609002788 • • Packet Page -332- 2/11/2014 16.B.1 . EXHIBIT"Al" STATEMENT OF WORK Immokalee Community Redevelopment Agency(CRA) Immokalee Drive Drainage Improvements Collier County A.INTRODUCTION In 2004 the Big Cypress Basin commissioned I-LW. Lochner, Inc. to undertake the Immokalee Stormwater Master Plan(ISWMP)Study.This effort came as a result of historical concerns over stormwater contaminants and reoccurring flood conditions in the area. Lochner separated the Immokalee Urban Designated Area into six geographical "project areas" in order to analyze the existing water-flow characteristics and water contamination conditions within each of the areas. These project areas were identified as: 1. Downtown Immokalee(near completion) 2. Immokalee Drive • 3. Madison Creek Ditch 4. Fish Creek Re-Shaping 5. Slough Cross Drain Additions 6. Lake Trafford Ditch Culvert upgrades The County's estimated cost of the "Immokalee Drive" project is 2.2M. District has budgeted $2.00,000 in dedicated Big Cypress Basin (BCD) funds in FY13 to assist the Immokalee CRA with the continued implementation of the Immokalee Stormwater Master Plan(ISWMP). B. OBJECTIVE • The objective of this project is to design, construct and perform construction engineering inspection (CEI) services for the drainage improvement project known as Immokalee Drive, as identified in the overarching ISWMP. C.SCOPE OF WORK The Downtown Immokalee project is currently nearing completion. The next of the six projects to be constructed will be"Immokalee Drive". The project will include survey,secure SF WMD permit, locate properties and establish ROW, prepare constructions plans, bidding and request for information(RFI). D.WORK BREAKDOWN STRUCTURE The funding covered under this agreement will be used to perform the following task for the Immokalee Drive project: Page 1 of 2,Exhibit"Al"to Agreement No.4600002788 Packet Page-333- 2/11/2014 16.B.1 . 'Task 1:100%Construction Documents including design plans,construction specifications and permits for l nn okalee Drive from SR 29 to South Carson Rd E.APPLICABLE STANDARDS I 3 • Florida Department of Transportation (FDOT) Booklet "Design Standards" Dated January,2010 • Collier County Utility Department Specifications • Collier County General Terms and Conditions • Collier County Stormwater Management Department Supplemental Terms and Conditions • State of Florida Manual of Traffic Control and Safe practices for Street and highway Construction,Maintenance,and Utility Operations • Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988) • All other standards to be identified in the General and Special Conditions Sections of the SFWMD Surface Water Management Permit F.LOCATION OF WORK As depicted in the conceptual design, the Imrnokalee Drive project consists of drainage improvements to: • lmniokalec Drive from SR 29 to South Carson Road G.PERFORMANCE PERIOD The performance period related to the design phase of the project will be from June, 2013 through February 28,2014. Page 2 of 2,Exhibit"Al"to Agreement No.4600002788 Packet Page-334- ( `�) 2/11/2014 16.B.1. EXHIBIT "131" PAYMENT AND DELIVERABLE SCHEDULE A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. 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. Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with this Statement of Work document. • •r'i DL4t 11'Cfd Off R ) " es � 1)uc�Daie. :fo-�+,•xcee�]K.,.: :4:2 5: 100%Construction Documents including design plans, 1 construction specifications and permits for Immokalee February $200,000 Drive from SR 29 to South Carson Rd 28,2014 Total-Not-Exceed Payment $200,000 �I By February 28, 2014, the CRA will submit to the BCB a request for reimbursement with applicable back-up documentation for the Task 1 deliverable as identified in the above Scope of Work. • A payment shall be issued to the Immokalee CRA upon proof of project expenditure in an amount not to exceed$200,000. Page 1 of 1,Exhibit"131"to Agreement No.4600002788 • 7 Packet Page -335- � '