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Agenda 09/24/2013 Item #16A 1 9/24/2013 16.A.1. EXECUTIVE SUMMARY Recommendation to approve South Florida Water Management District ("SFWMD") Agreement No. 4600002912 and to authorize any necessary budget amendments to recognize grant funding in the amount of$575,000 for the construction of the 28th Ave SE Bridge Replacement,Project 60123. OBJECTIVE: For the Board of County Commissioners ("BCC") to approve Funding Agreement No. 4600002912 with the SFWMD; this agreement provides funding in the amount of$575,000 for the construction of the 28th Ave SE Bridge Replacement. CONSIDERATIONS: The SFWMD has concerns about impedance of stormwater flowing through the Miller Canal in Golden Gate Estates. Currently, the crossing at 28th Avenue SE consists of two 60-inch culverts through a rip-rap bag structure. The structure is still sound and capable of supporting traffic travelling across the Miller Canal, but the culverts do not handle high flows satisfactorily. An undesirable amount of hydraulic head loss exists at these culverts and water on the upstream side rises to an unsatisfactory level during heavy flow events. SFWMD desires to replace the culvert connection across the Miller Canal with a pile-supported bridge. On August 15, 2013, the SFWMD Governing Board approved FY2014 funding for construction of the project in the amount of$575,000. This funding will be applied to construction of the 28th Avenue Bridge. As set forth in the guidelines established in the Statement of Work and Agreement documents, the county will submit invoices throughout the construction at specific milestones, including submittal of Certification of Completion of Construction. The SFWMD will reimburse Collier County up to $575,000 of the total project construction cost. The Engineer's opinion of probable cost at the 100% plan stage is approximately $500,000. It is anticipated that the SFWMD's funding will cover construction costs. The joint project was considered by BCC in the FY 2014 budget. Collier County's participation is capped in this agreement at $250,000. The county is currently funding the design, permitting, and acquisition of necessary easements for the bridge project, with related costs estimated to be less than $150,000. Should the construction costs exceed the budgeted $575,000 provided from the SFWMD, Collier County would participate with additional funding up to the $100,000 staying within the total cap of county funding budgeted at $250,000 for all phases. The current schedule will put the project out to bid in 2014. This bid schedule allows for time required for ongoing acquisition of property needed for the project. There are eight parcels needed: five temporary construction easements and three access easements. FISCAL IMPACT: A budget amendment is required to recognize revenue in the amount of $575,000 in Transportation Grant fund 711, Project 60123. The remainder of the project costs that are not to exceed $250,000, including any necessary construction funding in excess of the grant award, will come from the Stormwater Capital Improvement Fund 325, Project 60123. The source of funds is General Fund. The bridge has an estimated useful life of 100 years, and given the lifecycle costs of a bridge, actual maintenance costs are anticipated to be minimal for the first five to seven years in service. Packet Page-1113- 9/24/2013 16.A.1. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires majority vote for BCC approval.—SRT GROWTH MANAGEMENT IMPACT: This project has no direct impact on Collier County's Growth Management Plan. RECOMMENDATION: That the BCC approve and authorize its Chairwoman to execute the attached SFWMD Agreement No. 4600002912 in the amount of$575,000 for the 28th Ave SE Bridge Replacement construction and authorize the necessary budget amendments. Prepared By: Shane Cox PE, Senior Project Manager, Growth Management Division Attachment: SFWMD Agreement No. 4600002912 Packet Page -1114- 9/24/2013 16.A.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.1. Item Summary: Recommendation to approve South Florida Water Management District ("SFWMD") Agreement No. 4600002912 and to authorize any necessary budget amendments to recognize grant funding in the amount of$575,000 for the construction of the 28th Ave SE Bridge Replacement, Project 60123. Meeting Date: 9/24/2013 Prepared By Name: CoxShane Title: Project Manager, Senior,Transportation Engineering 8/8/2013 11:32:36 AM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: CoxShane 8/8/2013 11:32:38 AM Approved By Name: PutaansuuGary Title: Project Manager,Principal,Transportation Engineer Date: 8/15/2013 8:05:21 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 8/20/2013 4:58:01 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 8/26/2013 8:22:24 AM Name: LynchDiane Title: Administrative Assistant Date: 8/27/2013 12:10:32 PM Packet Page-1115- 9/24/2013 16.A.1. Name:ShueGene Date: 9/4/2013 10:33:13 AM Name: KearnsAllison Date: 9/10/2013 4:55:36 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/11/2013 11:42:19 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/12/2013 8:45:14 AM Name: OberrathKaren Title: Senior Accountant, Grants Date: 9/13/2013 3:49:18 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/13/2013 4:28:06 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/13/2013 5:36:31 PM Name: KlatzkowJeff Title: County Attorney Date: 9/16/2013 9:34:12 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/16/2013 10:59:00 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/16/2013 11:57:48 AM Packet Page -1116- 9/24/2013 16.A.1 . � INVOICE REFERENCE NO. e.�EP M4° SOUTH FLORIDA WATER MANAGEMENT DISTRICT � +o Y .:: } LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.4600002912 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and Collier County (COUNTY). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to assist in the replacement of 28th Avenue S.E. Culvert on Miller Canal to enhance the conveyance capacity of the canal by replacement of the existing undersized culverts; 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 August 15, 2013 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 replacement of 28th Avenue S.E. Culvert on Miller Canal Capital Improvement Project. 2. The period of performance of this AGREEMENT shall commence on October 1. 2013 and continue for a period of 18 months,terminating on March 31. 2015. G) Packet Page -1117- 9/24/2013 16.A.1 . 3. The total DISTRICT contribution shall not exceed $575,000.00. 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 payment is a reimbursement of actual expenditures and therefore is subject to adequate documentation to support actual expenditures within a not-to-exceed AGREEMENT funding limitation of$575.000.00. 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. The DISTRICT shall only be obligated to pay for documented actual expenditure of the construction contract not-to-exceed a total amount of$575,000 notwithstanding that an updated opinion of probable costs and accounting shall be reviewed by the DISTRICT and the COUNTY prior to advertising the project. Should the estimated cost or actual bid exceed the limit within this AGREEMENT; the DISTRICT may opt to defer the project until funding is available. 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. 5. The COUNTY, as the implementing agency, will provide in kind services for management related to project design and permitting, and will provide construction management and acquire easements as needed. The COUNTY shall contribute up to $250,000 for actual hard costs associated with consultant, procurement, land acquisition and construction. In kind services related to design management, permit management, land acquisition management and construction management shall not be considered for cost sharing or reimbursement. 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 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 March 31, 2015 unless authorized through execution of an amendment to cover succeeding periods. Page 2 o Packet Page -1118-3002912 9/24/2013 16.A.1 . 7. The COUNTY is hereby authorized to subcontract with third parties for services awarded as 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). 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. Page 3 °Packet Page-1119-)oo29I2 9/24/2013 16.A.1. 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 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 Lecal 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 Page 4 o Packet Page-1120-7002912 / 9/24/2013 16.A.1 . access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (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 Attn:Ananta,Nath, Project Manager Attn: Shane Cox, Project Manager Attn: Sharman Rose,Contract Specialist 3301 Gun Club Road 2885 South Horseshoe Drive West Palm Beach,FL 33406 Naples, FL 34104 Telephone No. (239)263-7615 x7607 Telephone No: (239)252-5792 Email:anath(atsfwmd.eov Email: ShaneCoxra)colliertrov.net Email:shrose(a)sfwmd.gov 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 Invoice 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 viaemail using the email address also specified above. Page 5 o Packet Page-1121-1002912 9/24/2013 16.A.1 . South Florida Water Management District Attention: Accounts Payable Alowik P.O. Box 24682 West Palm Beach, Florida 33416-4682 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. 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 he 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 Page 6 o Packet Page -1122-)002912 9/24/2013 16.A.1. (b) Exhibit"A" Statement of Work (c) Exhibit"B"Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Dorothy A.Bradshaw,Procurement Bureau Chief SFWM►/ ,FI OUNSEL APPROVE j Date — Nape: A/7- SFWMD PROCUREMENT APPROVED By: Date: \ t 1` v ieho- BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY, FLORIDA By: Name of Authorized Individual Title: ATTEST DWIGHT E. BROCK, CLERK proved as to fo an legality BY: Scott R.Teach, Deputy County Attorney Page 7°Packet Page -1123-)002912 9/24/2013 16.A.1. EXHIBIT "A" ototom. 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 5250,000 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 5575.000. 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 28th 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 Agreement 4600002912 Page 1 of 4 17"J Packet Page -1124- 9/24/2013 16.A.1. Canal at 28`x' 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 and contractors 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, quality control and public outreach. The County shall be responsible for construction contract bidding, awarding the contract(s), 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: Task 2: Design of Bridge The County or its Engineering Consultant shall complete the process for comprehensive design of the bridge. The design shall adhere to the current bridge specifications of the County Transportation Engineering Department for the roads in GGE, and the traffic safety standards of the Florida Department of Transportation. The final design shall incorporate all of the intermediate reviews performed by a Design Review Team (DRT) of the District Engineering & Construction Bureau. Deliverable—Bridge Design Plans and Specifications Task 3: Permitting The County or its Engineering/Environmental Permitting Consultant shall continue the process already begun for obtaining required Environmental Resource (ERP) and Right-of-Way (ROW) permits. All applicable permits shall be obtained by the County before commencing with construction. Deliverable—ERP and ROW Permits Task 4 A: Construction Contract Administration This County shall perform overall administration of the construction bidding process needed from solicitation through contract close out: • Advertisement/Distribution of Bid Specifications, Bid Specification Addenda. as required • Bid Opening, Bid Technical/Commercial Review • Selection of Contractor(s) • Insurance/Bond Requirements • Contract Execution • Issuance of Notice-to-Proceed (NTP) Agreement 4600002912 Page 2 of 4 Packet Page-1125- 9/24/2013 16.A.1. The County shall submit to the District Project Manager an electronic submittal of the final project bid, vendor estimates and NTP for tasks to be completed in FY14. Task 4 B: Construction Management This task includes construction of the bridge in accordance with approved plans, specifications and permit requirements. The County shall assign a Construction Manager/Resident Engineer from its own staff or an Engineering Consultant to perform oversight, and project management of the construction activities and overall quality control and management of the project. The primary activities will include but not limited to the following: • Engineering Oversight and Project Management • Revisions to design plans and specifications • Site Visits, Inspection and Testing • Construction Observation • Certification of Completion • Submission of As-Built Drawings, signed and sealed by a P.E The County Construction Manager/Resident Engineer shall provide a copy of the schedule/ Gant Chart of the construction contract to the District Project Manager, and keep him abreast of the progress made to date and issues of concern potentially affecting project performance. Allot Agreement 4600002912 Page 3 of 4 }tJ Packet Page-1126- 9/24/2013 16.A.1 . FIGURE 1 —Project Location xd; of 1 s ?� cries. r - w h .�x.s. a. • 4 ` A • 1 t . z - i w F% d asew w 28th Ave S.E. LF p� Culvert Repiacemem /,,;,") ..,,,,� . . »ws.>ieeauw 7ert Cowlaceve 1...., I':."'"., _ . kL" .. .. 4 i* 6, rar � fa ' x fi . 3:;•!'',,4F,-•'. .� r '' c 'a r7 , '.' ,',.•', a. " '° , a 1. ."'. _ 3 a ,,Y a s t «.fa' €k 'r., : °ate r . . �t s 1r. m. . g, '. ' 4' .. i .% q S 3 € zf N-7 - ,;: : ' a^" s °f. Ae�'ywc! �x 4 !� "k � " ue,9 ' #A4 ; P bf f # " f .J,,,,,,•77.4.1, 14. Aa t Cq "a .*4 w zp . 'k 1 rMme 4o z . A';- ,s y.-„ �k r--# a,; ,2rg 1g f - 4 1 ,'JA 4 a.. r . .' ' -- , t s w^8".. - ` . "r . , ` . 1r"„� r—iv- mot. ty.+ '.#n" '.a 1.y .. 9+ � ^'�te l wf.7T .� ..( .*. w ryRa 4� p • VO Agreement 4600002912 Page 4 of 4 Packet Page -1127- 9/24/2013 16.A.1. EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE • Payment from the District to the County shall be done in three installments. The County shall submit to the District Project Manager three quarterly status reports 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. District Not-To Deliverable(s) Invoice Date Report Due Date Exceed Payment First Quarterly Construction Progress Report and Invoice 08/31/14 08/31/14 $175,000.00 Second Quarterly Construction Progress Report and Invoice 11/30/14 11/30/14 $200,000.00 Final Construction Completion Report and Invoice 3/31/15 3/31/15 $200,000.00* Total District Funding * S575,000.00* * Final actual costs shall be submitted to the District prior to construction contract approval for reconciliation. Page 1 of 1, Exhibit`B"to Agreement No.4600002912 Packet Page -1128-