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Agenda 02/12/2013 Item #16A11n 2/12/2013 16.A.11. EXECUTIVE SUMMARY Recommendation to approve Funding Agreement No. 4600002780 with the South Florida Water Management District ( SFWMD), which provides funding in the amount of $600,000 for the construction of Outfalls 3 and 4 of the Lely Area Stormwater Improvement Project ( LASIP), Project 51101. OBJECTIVE: For the Board of County Commissioners to approve Funding Agreement No. 4600002780 with the SFWMD; this agreement provides assistance funding in the amount of $600,000 for the construction of Outfalls 3 and 4 of the Lely Area Stormwater Improvement Project. CONSIDERATIONS: The Lely Area Stormwater Improvement Project ( LASIP) is an ongoing, multi -year project. The drainage area of LASIP consists of approximately 11,135 acres and is comprised of two stormwater sub - basins known as the Lely Canal Basin system and the Lely Manor Basin system. One of the sub - elements of LASIP is to provide a stormwater management system for the Naples Manor and the Myrtle Cove Acres areas of East Naples, which have experienced an increased level of drainage related problems in past years. As part of this goal, the current LASIP construction segment, the `Naples Manor Outfalls 3 and 4 Improvements" ( Outfalls 3 and 4), has been designed and County Staff has acquired the associated real properties. All necessary permits are in hand. The Board of County Commissioners (BCC) approved construction contract #12 -5946 with Bonness Inc., at the BCC's September 25, 2012 meeting, item I IB, to construct the project for the amount of $1,381,990.36. The Notice -to- Proceed was issued on November 26, 2012, with direction to commence work on November 28, 2012. The South Florida Water Management District ( SFWMD) annually provides assistance funding to LASIP construction. On August 24, 2012, the SFWMD Governing Board approved FY13 funding for LASIP in the amount of $600,000. This funding will be applied to the current Outfalls 3 and 4 project. Upon submittal of Certification of completion of the construction, the SFWMD will be invoiced to reimburse Collier County for $600,000 of the total project cost. FISCAL IMPACT: A budget amendment is required to recognize revenue in the amount of $600,000 for FY 2013 in Transportation Grant fund 711, Project 33251. The remainder of the construction funding for the LAS1P project will come from Ad Valorem Fund 325, Project 51101, Water Capital Fund 412, Project 70071, and Wastewater Capital Fund 414, Project 73065. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. Packet Page -1170- 2/12/2013 16.A.11. GROWTH MANAGEMENT IMPACT: Construction of the Outfalls 3 and 4 Project is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan. RECOMMENDATION: That the Board approves the attached SFWMD Agreement No. 4600002780 in the amount of $600,000 for Outfalls 3 and 4 construction; approves the necessary budget amendments; and, authorizes its Chairwoman to execute the agreement. Prepared By: Shane Cox PE, Senior Project Manager, Growth Management Division Attachment: SFWMD Agreement No. 4600002780 n Packet Page -1171- 2/12/2013 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve Funding Agreement No. 4600002780 with the South Florida Water Management District (SFWMD), which provides funding in the amount of $600,000 for the construction of Outfalls 3 and 4 of the Lely Area Stormwater Improvement Project (LASIP), Project 51101. Meeting Date: 2/12/2013 Prepared By Name: CoxShane Title: Project Manager, Senior,Transportation Engineering 1/14/2013 2:27:45 PM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: CoxShane 1/14/2013 2:27:46 PM Approved By Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 1/15/2013 8:08:06 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 1/16/2013 1:18:00 PM Name: AhmadJay Title: Director Transportation Engineering,Transportation Engineering & Construction Management Date: 1/17/2013 1:52:20 PM Name: LynchDiane Title: Administrative Assistant Date: 1/18/2013 12:14:50 PM Packet Page -1172- Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/28/2013 3:35:51 PM Name: OberrathKaren Title: Senior Accountant, Grants Date: 1/30/2013 7:18:16 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 1/30/2013 9:56:50 AM Name: KlatzkowJeff Title: County Attorney Date: 1/30/2013 10:22:56 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/31/2013 10:57:45 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/1/2013 2:49:49 PM Name: OchsLeo Title: County Manager Date: 2/3/2013 12:58:50 PM Packet Page -1173- 2/12/2013 16.A.11. 2/12/2013 16.A.11. SOUTH FLORIDA WATER MANAGEMENT DISTRICT_ • j December 4, 2012 Mr. R. Shane Cox Collier County Growth Management Division 2885 South Horseshoe Drive Naples, FL 34104 Dear Mr. Cox: Ground Delivery Fedex: 417656215065165 Subject: Contract # 4600002780 - FYI Stormwater Improvement Project Enclosed please find two (2) copies of the above referenced document stamped "Original ". Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. Upon execution by the South Florida Water Management District (District), a fully executed original will be returned to you for your files. Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, Q Sharman Rose Sr. Contract Specialist Procurement Bureau shrose@sfwmd.gov (561) 682 -2167 FAX: (561) 682 -5624 /SR 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WATS 1- 800 -432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 - wwwsfwmd.gov Packet Page -1174- I 2/12/2013 16.A.11. SOUTH FLORIDA WATER MANAGEMENT DISTRICT_ • j December 4, 2012 Mr. R. Shane Cox Collier County Growth Management Division 2885 South Horseshoe Drive Naples, FL 34104 Dear Mr. Cox: Ground Delivery Fedex: 417656215065165 Subject: Contract # 4600002780 - FYI Stormwater Improvement Project Enclosed please find two (2) copies of the above referenced document stamped "Original ". Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. Upon execution by the South Florida Water Management District (District), a fully executed original will be returned to you for your files. Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, Q Sharman Rose Sr. Contract Specialist Procurement Bureau shrose@sfwmd.gov (561) 682 -2167 FAX: (561) 682 -5624 /SR 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WATS 1- 800 -432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 - wwwsfwmd.gov Packet Page -1174- 2/12/2013 16.A.11. INVOICE REFERENCE NO. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002780 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, Florida (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 conduct Stormwater Improvement Project; 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 15, 2012 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 the Naples Manor Area storm water management 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 one year. Packet Page -1175- 2/12/2013 16.A.11. . The total DISTRICT contribution shall not exceed the amount of Six Hundred Thousand Dollars and No Cents ($600,000.00). The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit `B ", 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 $600,000. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. 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. 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. 4. 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. The COUNTY shall cost share in the total amount of the project in conformity with the laws and regulations governing the COUNTY. 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 the expiration date of the AGREEMENT unless authorized through execution of an amendment to cover succeeding periods. 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. Contract No. 4600002780 Packet Page -1176- (� )fA - 2/12/2013 16.A.11. i 8. 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. 9. 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. 10. 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. 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 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. 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 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 Page 3 of 7, Ageement No. Contract No. 4600002780 y �1 Packet Page -1177- - 2/12/201316.A.11. will attempt to advise the COUNTY, 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 COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. 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. 16. 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. 17. 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 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 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 Page 4 of 7, Agreement No. Contract No. 4600002780 �f ._ Packet Page -1178- f 2/12/2013 16.A.11. 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 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. 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 Growth Mgmt. Div Attn: Max Guerra, Project Manager Attn: R Shane Cox, P.E. Attn: Sharman Rose, Contract Specialist Sr. Project Manager 3301 Gun Club Road 2885 South Horseshoe Drive West Pahn Beach, FL 33406 Naples, FL 34104 Telephone No. (561) 682 -2167 Telephone No. (23 9) 252 -5792 Fax No. (561) 682 -5624 Fax No. (239) 252 -8192 Email: shrose@sfwmd.gov Email: ShaneCox(a colliereov.net 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 334164682 20. 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. Page 5 of 7, Agreement No. Contract No. 4600002780 Packet Page - 1179 - 4�1 2/12/2013 16.A.11. n 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. 25. 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. 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 l — 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 6 of 7, Agreement No. Contract No. 4600002780 0/7P Packet Page - 1180 - 2/12/2013 11. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED ,, By: - , l.� � Date: 04,._.. 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 FLORIDA OF COLLIER COUNTY, By: Name of Authorized Individual Title: Agri = to fors do legal safrolemy Depuq Uii,inIN A(toi -my Page 7 of 7, Agreement No. Contract No. 4600002780 Packet Page -1181- 2/12/2013 16.A.11. EXHIBIT "A" STATEMENT OF WORK STORMWATER IMPROVEMENT PROJECT FY13 COLLIER COUNTY A. INTRODUCTION The District's Big Cypress Basin Board budget has earmarked funding for FY13 for implementation of watershed restoration projects that benefit the Naples Bay Initiative. The goals of the Initiative are to: • Construct stormwater treatment structures /facilities that improve polluted runoff • Improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries • Restore sea grasses, oyster reefs, and mangroves in the Naples Bay. This project consists of the construction of two canal segments and two outfalls ( Outfalls 3 & 4) to provide flood protection in the Lely Manor Basin by reshaping and deepening the existing cross section of the canal, as well as installing new piping under US 41 to directly convey the water to Outfall 4 from Naples Manor. A large number of ROW parcels are needed. The construction begin is scheduled for November or December 2012. The project is a component of the Lely Area Stormwater Improvements Project ( LASIP) and part of the Naples Bay Initiative with projects addressing important water restoration and management issues in Collier County. LASIP will provide a comprehensive stormwater outfall system for the East Naples area, which has experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and two sub - basins known as Lely Canal Basin and Lely Manor Basin systems, Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. Available data indicates that water quality is deteriorating and an improved water management system for the area is urgently needed. This is a cost -share project with funding provided from the District and Collier County. The County's total estimated cost for the projects is $1,400,000. The total payment by the District shall not exceed the amount of $600,000 in dedicated Big Cypress Basin funds for this cooperative agreement. Page 1 of 3, Exhibit W to Agreement No. 4600002780 Packet Page -1182- (6f 2/12/2013 16.A.11. i B. OBJECTIVES The purpose of this agreement is to provide funding to accomplish in FY13 the construction of another LASIP component namely: Naples Manor Area storm water management improvements. The project includes the construction of canal improvements and two outfalls. The project will improve the conveyance capabilities and enhance water quality of the existing canal system within Lely Canal Basin. The project site is located between U.S. 41 and the South Canal. The Lely Manor Canal and the Lely Main Canal are the main conveyance drainage systems in the Lely Canal Basin, which ultimately discharges to the estuarine coastal zone along the intra- coastal waterway adjacent to Dollar Bay and Rookery Bay. C. SCOPE OF WORK The scope of this cooperative agreement includes the construction of canal improvements and the Outfalls 3 & 4 in the Naples Manor area and will address the following: 1. Flood Protection within Naples Manor watershed. There currently are not enough outfalls to remove storm water from Naples Manor efficiently. The proposed dual -48" RCP under US 41 will connect to Outfall #4 and provide relief from potential flooding during storm events. In order to accommodate this addition runoff, the existing canal needs to be deepened approximately one -foot and widened from 10' or less to a 20' flat bottom. 2. To provide more natural and gentle 4:1 slopes on the canal banks. This ensures that the canal holds its shape and does not erode and wash away over time. 3. To remove trees and vegetation within the existing canal banks and within the existing county drainage easements. Trees and vegetation can be blown over into the canal during storm events and can block the canal. Any blockage during a storm event could cause significant flooding in upstream areas. 4. A 12 -foot wide lime rock maintenance path is being added to the south side of the canal. The maintenance path will allow maintenance crews legal and uninterrupted access to provide for routine mowing and aquatic weed control which will extend the life of the canal and prevent more costly maintenance actions in the future. Also, in times of a hurricane or other emergency, it will allow access for large, heavy -duty maintenance vehicles to access the entire canal. D. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed to assist the County during construction. The County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible for reviewing and approving deliverables from its construction contractor(s) and consultant(s) to ensure that the project objectives are met. Page 2 of 3, Exhibit "A" to Agreement No. 4600002780 Packet Page -1183- i 2/12/2013 16.A.11. NAPLES MANOR — CANAL IMPROVEMENTS AND OUTFALLS 3 AND 4 Task 1: Construction Bidding This includes completion of the construction bidding process needed through issuance of the Notice -to- Proceed with construction: • Advertising/Distribution of Bid Specifications, Bid Specification Addendums, as required • Bid Opening, Bid Technical/Commercial Review • Selection of Contractor(s) • Insurance Requirements • Issuance of Notice -to- Proceed with Construction Deliverable: Notice -to- Proceed with Construction Task 2: Mobilization and Clearing • Obtain schedule from Contractor • Obtain Work Plan from Contractor • Complete vegetative clearing along bank Deliverables: Copies of Contractor's schedule and Work Plan Task 3: Construction This includes construction, engineering oversight, and project management of the construction activities as identified below, as required. • Construction of the stormwater improvements in accordance with approved plans, specifications and permit requirements • Other construction activities that are directly and appropriately associated with achieving the project objectives or completing the project scope • Engineering Oversight and Project Management • Addendums or revisions to design plans and specifications • Site Visits, inspection and Testing • Construction Observation • Certification of Completion Deliverables: Certification of Completion of Construction Page 3 of 3, Exhibit "A" to Agreement No. 4600002780 CIO1 Packet Page -1184- 2/12/2013 16.A.1 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE 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. • 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. tY:i s N� T 'ir ,g �% �.ra rlyx M A. k $d 1 Z L' ` Fiy�Xf .i`$ £ _%'f�r7 .; •!s' -x 1. Construction Bidding Notice to Proceed Contractor's schedule 2. Mobilization and Clearing and Work Plan 3. Construction of Canal Certification of September $600,000.00 Improvements and Outfalls 3 & 4 Completion 2013 Total District/BCB Share S600_,OO_O-O_OEd A payment not to exceed $600,000.00 will be paid to Collier County upon completion of the Task. * The District shall only be obligated to pay for documented actual expenditures within the sot- to- exceed amounts specified above. Page 1 of 1, Exhibit `B" to Agreement No. 4600002780 Packet Page -1185- S� 0 C u •� o a ea y o:: aV aU a E 0 w Q E Y a v� � en = 9 a �y e d0 w a u Y '3 r a � Y iz (- It v Y A V U � oaf o CL a 0 Z a C U e z U t o Y a .y �Y O u V « a� D E o U e M r Y e E C6' Z I a � to QL u E Q a U Z a « w a � �y a a � a u u O aY� a M a v l0 V � T Y � � 4 d S O C— E a 9 th E 2' W 0 0 er •` o a ea y o:: aV a a E w w E Y a v� � en = fj. 'v W a �y e d0 a u Y r a � Y = I=H It � Y A U e oaf 0 CL a 0 o a U e z w t o a .y O u « a� D E o U e M Y e E C6' Z I to QL u IN Q A « w a � �y a a � u O aY� a v 2/12/2013 16.A.11. ••v a 4 v 'A c q �U a Y q o :S �J.e Y C7 w O 4.r V 3 V m a E fA .6ee a w h � O 3 0 O a 0-0 �Al X1..1 �N 8� 0 d L U re w w 0 a Sr 7 Packet Page -1186- 0 er •` o y o:: a a w v� N a e d0 u Y � O e a � Y oaf CL 3rn o a e z t o .y O u e Y e E Z IN A « >- �- a � a a � a v V � C Y � � 4 d a D 2/12/2013 16.A.11. ••v a 4 v 'A c q �U a Y q o :S �J.e Y C7 w O 4.r V 3 V m a E fA .6ee a w h � O 3 0 O a 0-0 �Al X1..1 �N 8� 0 d L U re w w 0 a Sr 7 Packet Page -1186-