Loading...
Agenda 12/10/2013 Item #11D 12/10/2013 11.D. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid 13-6161, ASR Well 2, in the amount of$2,630,640 to Douglas N. Higgins, Inc., and, authorize a budget amendment in the amount of$2,030,640 for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well below the USDW- Phase 2,Project 74030. OBJECTIVE: Construct Aquifer Storage and Recovery (ASR) Well #2 to increase Irrigation Quality (IQ) water storage. This action is to award a construction contract for the second ASR well below the Underground Source of Drinking Water(USDW),Project 74030. CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for the Aquifer Storage and Recovery Well Project. The proposed scope of work is consistent with the 2008 Wastewater Master Plan Update, Project 74030, "IQ Water ASR," Section 8, Table 8-1, page 7 of 7, line 148, and with the 2010 Potable Wastewater CIP Update, page 3 of 4, line 93, as identified in the 2011 User Fee Rate Study. Collier County has developed a robust and sustainable IQ water system that provides more than five billion gallons of reclaimed water annually to meet its customers' irrigation demands. However; even with the extensive reuse program, excess IQ water must be disposed of using deep injection wells during rainy periods when irrigation demand is low. To expand and maximize the effectiveness of its existing reuse program, the County embarked on the Livingston Road IQ Water ASR project. ASR wells provide the most cost-effective means to store IQ and supplemental well water during wet weather conditions for use during the dry season. With adequate seasonal storage, reclaimed water can be used much more effectively, reducing water withdrawals from surface or groundwater systems during critical dry season periods,and reducing the loss of valuable freshwater resources. On September 11, 2012, as Agenda Item 11F, the Board approved the construction of ASR Well #1. The construction of ASR Well#2 will replicate ASR Well #1, and continues the IQ ASR Program with the end goal of operating five ASR wells with the potential of storing 375 million gallons of IQ water annually for use during the dry season. On September 24, 2013, as Agenda item 16C2, the Board accepted funding agreement number 4600002929 with the South Florida Water Management District(Attachment 4)to provide grant funding in the amount of$600,000.00 for this project. ASR Well #2 and its ancillary facilities will be sized to accommodate injection and recovery flows of up to 1.5 million gallons per day. The well will be drilled to a depth of approximately 1,400 feet to extend below the USDW. The final total well depth and casing depth will be determined during the well construction, based on hydrogeologic data obtained during the drilling operation. The construction scope of ASR Well #2 includes the well, above ground well-head piping and appurtenances, a transmission pipeline from the well to the existing ASR system piping, electrical improvements required to power the new well pump, ancillary equipment, and instrumentation improvements to control the new well pump system. Packet Page-568- 12/10/2013 11 .D. The Livingston Road IQ Water ASR System Well #2, Bid No. 13-6161, was posted on September 27, 2013, with 1,937 electronic notices sent to vendors that provide these services. Eighty-nine bidders downloaded full bid packages.The three bids received are summarized in the table below. VENDOR BID A.C. Schultes of Florida,Inc. $2,510,300.00 All Webbs Enterprises,Inc. $2,630,640.00 Douglas N. Higgins,Inc. $2,834,930.00 All bid packages were reviewed and the Purchasing Department deemed A.C. Schultes of Florida, Inc., the lowest bidder. However,the bid was deemed non-responsive because the bidder could not provide the well drilling equipment required for this project. The second lowest bidder, All Webbs Enterprises, Inc., is not a local vendor therefore, in compliance with Collier County Purchasing Policy XI 2, the right to match was offered to Douglas N. Higgins, Inc., as a local vendor. Higgins accepted the right to match the quote of the lowest responsive bidder,All Webbs Enterprises, Inc. Staff and the local project design engineer, CDM Smith, Inc., determined that the bid is fair and reasonable and recommend awarding the contract to Douglas N. Higgins, Inc. The second low bid was nine percent below the design engineer's $2,900,000 opinion of cost. The Purchasing Department concluded that bidding was competitive, and representative of market conditions. The bid tabulation, graph, and design professional's recommendation letter are attached as Attachments 1, 2,and 3. FISCAL IMPACT: Funding is available in the FY2014 Capital Budget approved by the Board on September 19, 2013. The source of funding is a combination of Wastewater User Fees, Fund (414) and a SFWMD funding agreement in the amount of $600,000.00 PUD Grant Fund (416), Project 74030. A budget amendment in the amount of$2,030,640.00 is necessary to transfer funds from Project 73950 to Project 74030. This project(including cycle testing) is expected to be completed by 2016. All incremental costs will be covered by Wastewater User Fees,Fund (414), as reflected in the table below. Once an operating permit is obtained (approximately two to three years), production operating costs will be covered by Water/Sewer Operating,Fund (408). Elements FY 2014 FY 2015 FY 2016-FY2032 Capital Outlay $2,630,640.00 $0 $0 Net Operating Effect* $0 TBD* TBD* *Once drilling and testing is complete,production operating costs will be determined. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -- SAS GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, 1. award Invitation to Bid 13-6161 ASR Well 2 in the amount of$2,630,640.00 to Douglas N. Higgins,Inc.; 2. authorize a budget amendment in the amount of$2,030,640.00; and, Packet Page-569- 12/10/2013 11 .D. 3. authorize the Chairwoman to sign the attached contract after final review by the County Attorney's Office. Prepared By: Zamira DelToro,Project Manager,Public Utilities Planning and Project Management. Attachments: Attachment 1 Bid Tabulation Attachment 2 Graph Attachment 3 Engineer's Letter of Recommendation Attachment 4 SFWMD Funding Agreement Attachment 5 Contract No. 13-6161 -Due to the size of the contract(153 pages), a web link is provided to view the document http://www.colliergov.net/ftp/AgendaDec 1013/11 G5136161 Higginscontract.pdf A hard copy is available in the County Manager's Office. Attachment 6 Higgins"Right to Match"Acceptance Packet Page-570- 12/10/2013 11 .D. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. Item Summary: Recommendation to award Invitation to Bid 13-6161, ASR Well 2, in the amount of$2,630,640 to Douglas N. Higgins, Inc., and, authorize a budget amendment in the amount of$2,030,640 for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well below the USDW- Phase 2, Project 74030. (Tom Chmelik, Planning and Project Management Director) Meeting Date: 12/10/2013 Prepared By Name: DeltoroZamira Title:Project Manager,Public Utilities Engineering 11/18/2013 2:54:01 PM Submitted by Title: Project Manager,Public Utilities Engineering Name: DeltoroZamira 11/18/2013 2:54:02 PM Approved By Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 11/19/2013 11:27:08 AM Name: JohnsonScott Title: Purchasing Agent,Purchasing&General Services Date: 11/19/2013 3:35:48 PM Name: Joseph Bellone Title:Manager-Utility Billing&Cust Serv.,Utilities F Date: 11/19/2013 5:00:11 PM Name: ChmelikTom Title:Director,Public Utilities Engineering Packet Page-571- 12/10/2013 11.D. Date: 11/20/2013 11:01:46 AM Name: PajerCraig Title: Project Manager, Senior,Public Utilities Engineeri Date: 11/20/2013 11:19:53 AM Name: JohnssenBeth Date: 11/20/2013 1:53:33 PM Name: MarkiewiczJoanne Title:Manager-Purchasing Acquisition,Purchasing&Gene Date: 11/22/2013 9:36:36 AM Name: Evelyn Colon Title:Purchasing-Procurement Specialist Date: 11/22/2013 11:41:07 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 11/22/2013 12:17:02 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/22/2013 3:02:51 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 11/25/2013 4:31:24 PM Name: KlatzkowJeff Title: County Attorney Date: 11/26/2013 2:29:09 PM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Manage Date: 11/26/2013 4:17:51 PM Name: OchsLeo Title: County Manager Date: 12/2/2013 8:57:51 AM Packet Page-572- 12/10/2013 11.D. 888 88888888 88 88 88 .88 88 8881 o ° 2 e 888 88888888 88 88 -8 8 88 888= 8 888 88888888 88 88 _8 8 88 888: S o 888 88888888- 88 88 =88 . . 8 88 888= g„��--8H all aa” 6 H ° _ mr =° > a a a >>. > 9 t " d 3 Y Y a 3 Ec �8§..88............ gt; O : :OVA F E G . I ;„ " 1 151111 1„3,1„ 131 511 ggg Wgm m u 1 E E E E E E E E E E. E E E E E E E E E g M 4060 o e /G2 8 333 3 E 3 3 3 3 3 3 3 3 3 3 X ,!1' ° =I U at F E s I 3 "2 y kk `ig c C O 2 t m f gE 8 vi 2_ 3 ` F ` z fl : = °2 n m g c ' a v nffi 1 m 8 El g E q f° 1I !1Hh:I1. L ° ga - a ,� N a„=ai= 8 E ..8A = l's g.;;5gg 18 o °u o u Et 8 a1 _ ___f S Ls E uo °w Eaa3LLm3 a 2 E ou-. e are AE =z g c 3 333_= - --c3 Ea o 43u .8 `= Vg., 8 o °.! y$ 6g 1 ."01 . 1Fs * **'¢d'¢2 * **�s8 .7 =z g .-I042 8. Es°$ 8 . wm S' 8 _m` EFL « a a �� ; � a sBE� y $ �m� s covWO� fs n Y I l g i s`d i � 4.1 1 i "c 2 c E c _ E E 1_a I m4 8 -O. i� £lg 1 8111 m intii S.a yp� ° "_� :3 9_g= .°'3-°=; F &ill E<<8Ev!Pi`cf r.: `ti ip 8 F - 1 °c;w' IE):. am „ S3NEE _=„,D° @afO° ,§ i LLLLLLLL LL LLuu ",S . c E@ E EXS mi Es2r. ' v° a N_ c E u� i `s ___ _ i`n,311!!19 ; g i!g§;8!E n r iEQ S ga a m Ee° � �t •fi „'cuiLL��3Na3 LL�Sf=,�i O �-x mm ,d S'�° d i-a mf7 Em�J H ;11 3 111 i "... rHN22rti rHn-N ,„ „„o...„, ,„ „,„, „,mii,aaas S w n Y Packet Page -573- 12/10/2013 11 .D. hca v a ,� 0 0 W `.' Ti l7 'p 'mod _ \ C 3 CC L W N 4 ON +IA to H e--1 a.+ N • W f0 fC I O �' 1 Q 0 Q 0 + O 0 + v z O� L a c N m CY _ aJ 1 -a ca z o sa ' CC 1. � D OI N o r i qQ N r ■ M Li ' c •> ai 6 i N 1 h vi fl t0 : c M m ; a CO lllll 4 }{S!f N I a) W cc m 0 0 0 0 0 0 0 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O L O it O U O d- M' M N N .-I i/• i • iA V). iA i/) in. Packet Page -574- 12/10/2013 11.D. CDM Smith 2180 W.First Street Suite 400 Fort Myers,Florida 33901. tel: 239 938-9600 fax: 239 339-6418 November 18,2013 Ms. Zamira DelToro Project Manager Public Utilities Planning and Project Management Department 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Subject: Livingston Road IQ Water ASR System Well Below the USDW-Phase 2 Bid No.13-6161 Low Bid Evaluation-Recommendation for Contract Award Dear Ms. DelToro: On November 1, 2013,bids were received by Collier County for the Livingston Road IQ Water ASR System Well Below the USDW-Phase 2(Bid No.13-6161). Three bids were received. The apparent low bid was submitted by A.C. Schultes of Florida, Inc.in the amount of$2,510,300.00 for Bid Items 1 through 4,including the identified project allowances. The other two bids were$2,630,640.00 submitted by All Webbs Enterprises, Inc. and$2,834,930.00 submitted by Douglas N. Higgins, Inc. The bid tabulation summary is attached. The Collier County Purchasing Department reviewed the bid package for the apparent low bidder,A.C. Schultes of Florida, Inc., and following additional correspondence determined the bid to be non-responsive. The Collier County Purchasing Department also reviewed the bid packages of the other two bidders and determined the bids to be responsive. The lowest responsive bid was received from All Webbs Enterprises,Inc. However, based on Collier County's local vendor preference ordinance, Douglas N.Higgins, Inc.,a local vendor who's bid was within ten percent of the lowest responsive bid was given the opportunity to reduce its bid to match the lowest responsive bid. Douglas N. Higgins, Inc.agreed to match the lowest responsive bid of$2,630,640.00 and was therefore deemed by the Collier County Purchasing Department to be the lowest responsive bidder. The lowest responsive bid of $2,630,640.00 is approximately nine percent less than the CDM Smith's opinion of probable construction cost of$2,900,000. CDM Smith has reviewed the bid package submitted by Douglas N. Higgins, Inc.and concurs with the County's determination that the bidder is responsive. Douglas N. Higgins and its well drilling subcontract,Youngquist Brothers Inc., have completed numerous deep well projects in Florida. CDM Smith has had previous experience with Youngquist Brothers Inc.on multiple well projects and they have performed satisfactorily. Packet Page-575-)LAMENT+TRANSPORTATION+ENERGY+FACILMES 12/10/2013 11.D. CDIV! Smith Ms. Zamira DelToro November 18,2013 Page 2 In summary,we believe that Douglas N. Higgins, Inc. is the lowest,responsive,responsible bidder and is qualified to perform the construction of the Livingston Road IQ Water ASR System Well Below the USDW-Phase 2.CDM Smith recommends that Collier County award the project for the total lump sum Bid, for Items 1 through 4 including the project allowance. Should you have any questions or wish to discuss the bid further,please do not hesitate to call us. Respectfully, Jason A. Sciandra, P.E. Senior Project Manager CDM Smith Inc. Packet Page-576- 12/10/2013 11.D. 888 888.8888 888 822 88 88 8g 8 B o > > > >> >>>>$8§ ppORq Rp§ Ra6 Q§ §§ p§2 .E „ „„„„„ „„„ 8 888 8888888 888 HI : 8 88 8888 2 as „„"W 88 8888888 888 888 8 88 8888g X38 e = §§§E§§§ §gig �§E § §§ §§§§ m >> > >> > > > _ g a Ne g V131 ai ssa a� „„la ; > 888 8 888 888 1 : : 8 88 8888 8 888 al§ g§§ §§§ :� §§ §§§g SNNRHN8 qm RgR „” „„ha e > z > > > > >>z E � S} a I ..$$..$8.... o„ �g E 5 5 FL' �� ..11-;I I N. 0i -„N-- N��f f5�2 ABA:: 8 339 3 F r r E E w -l U a �. n m Y d 4 n E$$cl 8 = y w `n r 8_qq8� §-g 1� 3 v 8s E u = • E m s m E hill d E 9 cg z 9-m m ` o mg 8 ;g t w a F. > 1 = $ ' z31 i E a s r ,17.g!,711=g$a g o A S ei E a m t E 2 2 3 $ E� > C E E 121 w e 9 3 8 0 5 $ m 4 ` < c a E iv E e`E a g a a 3 g 8 F a' 3.--i- d -6 ; 0 E $=gr g � E w m` c Y w s : - -- d "m 2 m mxmuw• p . $ "1 -• _ a 33E c c ; a $ -54 ° S 8; ..= -u'§ 1, B S P 0 g° S c •w g -m E 3 E a .. = : o 3 c 3g q S . -at 3 g coG o fr E Fc c! ,. r .sv c Hi.; i cgp . LP ?o E. 8£fg $ ggfil w of °ca ae`1 lf y 6 - € gF<< w ia8 ] 1 91 E E A 8 g 1 e °` E „ S u hm =1°zE - Ep 0E c pooc l - - -- - - '=r„2seo c $ $ 1y a` FzEg m gd gill 1 Oi a Nt- LL .E-u117 LL LLLLU 1 n 'La 2a W - O $'m ; dg. o ,a No Sll't zo„ o:f^»�.._ r27�»fHr rr�3 m Mmm... m mM "$e"� e a w_fi Packet Page-577- a ( 12/1 -0/i013 11.r.. SOUTH FLORIDA WATER MANAGEMENT DISTRICT IST RIpCo T ALTERNATIVE WATER SUPPLY FY2014 FUN DING PROGRAM ..v..c).c).D.. z- 41•0:::,s74,,,;:, , . smcginTher 12,2013 _ 111mthr. ,,, : ' .s.s,, ,24,1 20147: County ,,,,,,,,, : Collier Recipient Manager • Utilities el...4...g, 4•••• Project man Public _t ,Nuftimmoulk%'. • Recipient's Pr 'kept Director 'Management Reel') chrnell ' & project jvi wir. Tom Planning iby S ,44,,,V,i ,. Division, Fi . i Trail — East Tamil 1 ,*All Address: 33391 FL"1 - A_ Naples es' 1 6'13 ... (239) 25-- - No: (- ...„, „„.•••,,, Telephone --) il'ercov'net ,52-64 - lik@c°`-1 - a No: (239) - ToroChme . Max Guerra Fax E-mail Address: Manager: 7612 SFWMD Pro (239) 597-1505 x h ne No.: (1' ,vvrnd-uov Telephone ii,rra a S I E-mail Address: m°'-- Fax No.: (239) 263-8166 I 1 Contract Rose Telephone Telephone N767.: (561) 682--',1 Fax No.: -117 (561) 682- Address: 3301 FL '3406 -301 Gun Club Road West Beach. F' 3 ...**. est Palm Not Applicable - No-Applicable Number: Insurance: Well #2 luso-- Employer Identification ,,,r1 Project and Recovery(AS Federal Emp AWS-0*--Lfer Storage an FY2°14 'County-Aquifer t Title: Coun Project Title:Collier proJ . • co Pace 1 of 12 Description: No.46000029295.78- AffeementpNacket Page - ..- - 12/10/2013 11.D. This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient 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 shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1—PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the"Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report ARTICLE 2—TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3—COMPENSATION/CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall reimburse the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) or more of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.707(8)(e), Florida Statutes. The Recipient acknowledges that the District may authorize an amount less than forty percent (40%); and, if current fiscal year construction costs decrease the approved funding may be decreased. The approved funding is a percentage, up to forty percent (40%) based on the estimated current fiscal year project construction cost. For FY14, payment(s) will be made by the District for work authorized and completed between October 1, 2013 and September 30, 2014. The District will not Agreement No.4600002929,Page 2 of 12 Packet Page-579- • 12/10/2013 11 .D. reimburse the Recipient for FY14 work that commences prior to the start date of the Agreement or for work completed after September 30,2014. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit"A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit"A". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary,this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. ARTICLE 4—FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit "B". The Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C" within ten (10) business days of the following due dates December 31, 2013, March 31, 2014 and June 30, 2014. In addition, on or before September 30, 2014, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package. Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and Purchase Order Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each reimbursement request package to the District's Project Manager(s). The Recipient's reimbursement request package shall contain the backup documentation required (e.g., the request shall include but is not limited to a copy of Recipient's invoice (include the District's Agreement Number and Purchase Order number), signed Agreement No.4600002929,Page 3 of 12 Packet Page-580- . 12/10/2013 11 .D. certification letter on Recipient's letterhead (signed by an authorized representative of the Recipient), tasks completed per the Agreement (if all tasks finished, a statement indicating that the project is completed per the Agreement) and, vendor invoices/application for payment) for the District Project Manager(s) to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request package and Exhibit "D" on or before September 30, 2014. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data,etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the District Project Manager(s) with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emily.Richardson @sfwmd.gov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C") quarterly by December 31, 2013; March 31; June 30, 2014 and Project Summary Final Report on September 30, 2014. Reports shall provide detail on the progress of the Project; amounts expended to date per task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District's Project Manager(s)via e-mail within ten(10)business days of the specified due date. In the event actual construction costs are less than the not-to-exceed amount for a particular task stated in Exhibit `B", the Recipient will have the right to apply the unexpended balance toward another task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit`B" Agreement No.4600002929,Page 4 of 12 Packet Page-581- 12/10/2013 11 .D. for this Cooperative Agreement; however, an actual construction cost less than an estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations,and/or other funding sources. ARTICLE 5—CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the District Project Manager(s) for attempted resolution or action. The District Project Manager(s) shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the District's Project Manager(s) and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number and Purchase Order Number. ARTICLE 6—TERMINATION/REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring the Recipient to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. Agreement No.4600002929,Page 5 of 12 Packet Page-582- 12/10/2013 11 .D. relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 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. The Recipient shall maintain all fmancial/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 Recipient's financial and non- fmancial records to the extent necessary to monitor the Recipient'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. ARTICLE 8—STANDARDS OF COMPLIANCE 8.1 The Recipient, 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 Recipient,upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims,which are justifiable in federal court. Agreement No.4600002929,Page 7 of 12 Packet Page-583- • 12/10/2013 11 .D. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient 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 Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures 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 is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by February 1, 2014 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before May 31, 2014. 8.9 Recipient of funds for a reuse project shall provide a status report by May 31, 2014 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3)the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with Agreement No.4600002929,Page 8 of 12 Packet Page-584- 12/10/2013 11.D. the application water use permit(s). In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this project. This amount may be prorated based on the number of years the completed project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2014. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before September 30, 2014. ARTICLE 9—INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require the Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However,nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10—RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District.Any attempted assignment in violation of this provision shall be null and void. Agreement No.4600002929,Page 9 of 12 Packet Page-585- • 12/10/2013 11.D. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 —GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force maj eure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit"A" Statement of Work (c) Project Information Document 40K, (d) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties,their successors and assigns 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. 11.4 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 the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. Agreement No.4600002929,Page 10 of 12 Packet Page -586- 12/10/2013 11 .D. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 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. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the 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. Agreement No.4600002929,Page 11 of 12 Packet Page -587- 12/10/2013 11.D. IN WITNESS WHEREOF,the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD. By: _ i ,�1l ,(,:.- / h i A Dorothy At. Bradshaw,d Procurement Bureau Chief Date: ID 1 (f 3° SFWMD Procurement Approved: By: QS „,.. Date: S'22't3 Recipient's Legal Name: ARD OF COUNTY COMMISSIONERS, COLLIER COU Y, FLORIDA I yy By Authorized Official. t` Printed Name: GEORGIA A. HILLER, ESQ. Title: CHAIRWOMAN Date:( - YY...\.. c° - C' 1 f ATTEST DWIGHT E EI O K CLERK A..roved as to fo and legality ,r1a^r a BY: ( . , , ), ,( . ..n 1 ;* Scott R.Teach, Deputy County itto7'r;r y Attest as to 'iv . s signature only. Agreement No.4600002929,Page 12 of 12 Packet Page-588- • 12/10/2013 11.D. EXHIBIT"A" STATEMENT OF WORK Collier County Public Utilities Aquifer Storage and Recovery(ASR)Well Program FY2014 Livingston Road ASR Well#2 INTRODUCTION/BACKGROUND Collier County(County and/or Recipient) has identified a need to increase the utilization of reclaimed water within the service area of the North County Regional Water Reclamation Facilities (NCRWRF). For significant portions of the year,there is insufficient reclaimed water available to meet the demands of the County's reuse customers. During certain periods of the wet season,there is an excess supply of reclaimed water. The County has developed a robust and sustainable irrigation quality(IQ) water system which provides more than 5 billion gallons of reclaimed water to its customers annually. However, even with the extensive reuse program, excess reclaimed water must be disposed of using deep injection wells during the rainy periods when irrigation demand is low. To expand and maximize the effectiveness of its existing reuse program,the County embarked on the Livingston Road IQ Water Aquifer Storage and Recovery(ASR)project. ASR provides the most cost- effective means to store both IQ water and supplemental well water during wet weather conditions for use during the dry season. With adequate seasonal storage reclaimed water can be used much more effectively; reducing water withdrawals from surface or groundwater systems during critical dry season periods and reducing the loss of valuable freshwater resources. Construction of the IQ Water ASR system was completed in 2007. However, due to changes in State and Federal regulations during the construction of the system, the system has never been operationally tested or put into service. After an extensive investigation of alternative ways to utilize the ASR system,the County identified that the best value utilization of the system was to modify the existing system to inject below the underground source of drinking water(USDW) and to operate it initially as a pilot demonstration project. In 2012 and 2013,the pilot demonstration project utilizing one ASR well was designed and reconstructed. With the pilot demonstration project constructed,the County will construct a second ASR well at the Livingston Road site. SCOPE OF WORK This project is to continue the construction of an ASR wellfield on Livingston Road,which in this phase includes the installation and testing of one additional ASR well below the USDW. The scope of work for this phase includes the following: The purpose of this project is to construct a second non-USDW ASR well at the Livingston Road site near the northwest corner of the property. The new ASR well will be sized for injection of up Page 1 of 4,Exhibit"A"to Agreement No.4600002929 Packet Page-589- 12/10/2013 11 .D. to 1.5 million gallons per day (MGD)and recovery of up to 1.5 MGD of reclaimed water or 00%, supplemental groundwater. The design includes the below ground well,above ground well head piping and appurtenances,the transmission pipeline from the well to the existing system piping, electrical improvements required to power the new well pump and ancillary equipment,and instrumentation improvements to control the new well pump and ancillary equipment. Codes,Regulations and Standards The design will be completed in accordance with the following codes,regulations and standards. Additional construction permits such as a well drilling permit and County building permits will need to be obtained by the selected contractor. • Collier County Utilities Standards Manual • Collier County electrical and instrumentation standards • A Florida Department of Environmental Protection(FDEP)permit to Construction/Operate/Abandon Class I, III or V Injection Well Systems will be required to construct the new well. The subsurface design of the well will advance ahead of the other disciplines and be ready for submittal to FDEP after review and comment by the County at the preliminary(30%)design stage. • A South Florida Water Management District(SFWMD)permit modification for permit No. 11-00052-W(supplemental IQ wellfield)will be required to allow injection of water from the Livingston Road IQ Water Welifield into the new ASR well. • A SFWMD permit modification for permit No. 11-02767-W will be required to include the new ASR well as an additional facility on the permit. • An environmental resource permit(ERP)will be required from the FDEP and the Army Corps of Engineers(ACOE)for this project if construction cannot be constrained to the previously modified areas on the site. Project and Site Constraints The following constraints have been identified for the project: • The project site includes several areas which were previously categorized as jurisdictional wetlands. Any work that encroaches on these areas will require a FDEP and an ACOE ERP. As stated in the Codes,Regulations and Standards section,the drilling contractors contacted do not believe the work can be limited to the previously modified areas if the new well is to be located in the previously constructed well pad area. Page 2 of 4,Exhibit"A"to Agreement No.4600002929 Packet Page-590- 12/10/2013 11 .D. • The project site is located in close proximity to a residential community,Carlton Lakes. Based on the County's good neighbor policy and previous construction projects at the site, the working times for the project will need to be limited to Monday to Friday from 7:00 AM to 7:00 PM. Additionally,the noise restrictions and noise monitoring requirements included in the previous construction project at the site should be included in this construction contract to limit the potential for complaints. System Sizing The new ASR well and ancillary facilities will be sized to accommodate injection flows up to 1.5 MGD and to recover flows up to 1.5 MGD. The well will have a total depth of approximately 1,400 feet BLS with a casing depth of approximately 1,360 feet BLS. The final total well depth and casing depth will be determined during the well construction based on hydrogeologic data obtained during the drilling operation. The well will be constructed of fiberglass reinforced pipe (FRP)with a nominal 16-inch diameter upper casing to a depth of approximately 240 feet below land surface(BLS)which will transition between 240 feet BLS to 260 feet BLS to a nominal 12- inch diameter lower casing from approximately 260 feet BLS to approximately 1,360 feet BLS. Instrumentation System Instrumentation and controls will be furnished as required to monitor and control the new Well 2. This will include new instruments to measure flow,pressure,level,and water quality (conductivity,pH and chlorine residual). In order to conform to County instrumentation and control planning,new instruments will be provided where possible with 4-20 mA output and HART digital protocol, for full interface with the control system. A programmable logic controller(PLC)will be used to receive and process instrumentation signals,and to control the pump and valves for recharge and recovery operation. This PLC will include Ethernet communication capability and will report to the wider County SCADA system. It is not yet determined whether a new PLC and associated control panel will be furnished for the new well, and then linked via Ethernet to the existing main PLC;or the existing main PLC will be modified by the addition of input/output(I/O)modules and programming. The former approach is preferable in that it will mean minimal interference with other planned modifications to the controls that are beyond the scope of this project. Electrical equipment such as motor control centers and drives will also be connected to the control system via Ethernet where possible. If a new PLC is furnished,it will be an Allen-Bradley CompactLogix. The existing main PLC is an Allen-Bradley SLC 5/05. New and modified programming of PLCs and human-machine interface(HMI)will also be provided for operator control and data collection. Graphic screens will be added and modified as needed to depict the new well,both on the PanelView terminal in the main PLC panel and in the iFIX version 5.1 application in the County SCADA system. It is noted that the construction under this project is expected to occur near the same time as the conversion of the method of communication between Livingston Road and County SCADA,from radio to fiber optic cable. Page 3 of 4,Exhibit"A"to Agreement No.4600002929 Packet Page -591- 12/10/2013 11 .D. The programming modifications will be done in careful coordination with the County to suit the correct SCADA configuration. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the District Project Manager an electronic submittal of the final project bid amount and/or vendor estimates and NTP for tasks to be completed in FY14. Due Date: Upon contract execution Task 2: Exhibit"C"-Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2013 Task 3: Exhibit"C" -Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2014 Task 4: Exhibit"C"-Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2014 Task 5.1: Begin construction of ASR Well 2: Recipient shall construct ASR Well 2. Construction will be based on the specifications and data collected from the previous installation of ASR Well 1. This well will be constructed according to Class V Injection Well standards. The construction will begin in October 2013 and will be completed by June 2014. The construction also includes the installation of a shallow monitoring well. The information related to ASR Well 2 will be summarized in a well completion report and submitted to the regulatory agencies as part of the Class V permit. Due Date: June 30, 2014 Task 5.2: Installation of Yard Piping: Upon completion of ASR Exploratory Well 2,Recipient shall install the necessary piping in order to connect the well to the ASR network and allow for cycle testing. Due Date: August 30,2014 Task 6: Reimbursement Request and Project Summary Report: Recipient shall submit to the District Project Manager the final reimbursement request package and Project Summary Report (Exhibit"D") Due Date: September 30, 2014 Page 4 of 4,Exhibit"A"to Agreement No.4600002929 Packet Page-592- • 12/10/2013 11.D. EXHIBIT"B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Collier County Aquifer Storage and Recovery(ASR) Well Program FY2014 ASR Well#2 • The schedule set forth below is October 1,2013 to September 30,2014. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager(s). Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s)in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request package for payment and Exhibit"D"on or before September 30,2014. All reimbursement request packages shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit"A",the Statement of Work(SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW,copies of vendor invoices(pay applications), and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit"A",the SOW. • The District shall only be obligated to pay for documented actual FY2014 construction4 costs within the not-to-exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not-to-exceed amount for a particular Task,the Recipient shall have the right to apply the unexpended balance toward another Task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager(s). If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event shall the District's total obligation exceed the amount specified below for the total Agreement;however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of$600,000.00. 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 Page 1 of 2,Exhibit`B"to Agreement No.4600002929 Packet Page-593- • 12/10/2013 11.D. any subsequent fiscal year,this Agreement shall terminate upon expenditure of the current funding,notwithstanding other provisions in this Agreement to the contrary. Electronic submittal of final project bid 1 amount and/or vendor estimates for N/A Upon Contract N/A tasks to be completed in FY 14 Execution 2 Exhibit"C"—Quarterly Status Report3 N/A December 31, 2013 N/A 3 Exhibit"C"—Quarterly Status Report3 N/A March 31, 2014 N/A 4 Exhibit"C"—Quarterly Status Report3 N/A June 30, 2014 N/A 5.1 Construction of ASR Well 2 Upon Task 5 5.2 Installation of Yard Piping N/A N/A Completion 6 Reimbursement Request Package September 30, September 30, 2014 $600,000 Project Summary Report(Exhibit"D") 2014 Total District Funding $600,000 Current Fiscal Year(s) Construction Cost $1,500,000 Total Project Construction Cost $1,500,000 ' If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s)noted above. Reimbursement Request Packages must be submitted on or before September 30, 2014 for reimbursement. 2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager(s). 3 Exhibit"C" Quarterly Status Reports are due within ten (10)business days of the due date. 4 Ineligible costs include, but not limited to, permits, as-builts, videos, early completion bonus, bonds and insurance. etc. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager(s)to request one. Page 2 of 2,Exhibit"B"to Agreement No.4600002929 Packet Page -594- 12/10/2013 11 .D. • Exhibit "C" Alternative Water Supply Program FY 2014 Quarterly Status Report To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via e-mail to your South Florida Water Management District Project Manager(s). Please attach backup documentation (e.g., pictures,drawings, etc.)that will provide an understanding of project construction to date. Status Report—Quarter/Final ® 1❑ 2❑ 3 Date: Name of Person Completing Form Contract Number 4600002929 Proposal Number Entity Name: Collier County Project Title: Livingston Road Aquifer Storage and Recovery(ASR)Well#2 1. Provide a brief description of project status. 2. What is the overall status of your project(check one)? ❑On Schedule ❑ Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information Date Amount Bid Document Final Contract(with Vendor) Total Expended to Date Change Order(s) Page 1 of 2,Exhibit"C"to Agreement No.4600002929 Packet Page-595- • 12/10/2013 11 .D. k E 0 0 k C 0 Vs CO 2 zt% LA to 3 1- c 0 N ON I & E ni E a) 0 o o $ c Z . E et/ k k C®cL % _ \ E E s o .5 u m m m C O. <e o o o E © UJ f m a co ¥ 0 0 0 2 . ( = » u W d k \ 1 2 us CD _o C OD I— wZ c E '' o N > u 2 0 0 7 0 w . & k . _ > £ ¢ k \ k k < \ 0 \ m 2 a)C. a a % a — s 0 I / 11� t ® t f e # f © k n t 0 Q 0 0 0 2 J 2 a Or w 2 cu 42 In I gm o Tai ® � 0 • 2 2 / C u CI _a 0 " « ■ - ¢ c 2 .i _i I I co $ 2 Cs LLII a CO 3 Z Q U - = In If) - c 0 L- _ 0 / / ƒ r, % -a 3 3 VI E ISI a 2 E R k k k . 2 _ U) CO Z w U) U) � m CC co 0 £ 3 R z N m # i 0 4» ni * Packet Page -596- 12/10/2013 11 .D. Exhibit "D" ..�j Alternative Water Supply FY2014 Final Project Summary Report Livingston Road Aquifer Storage and Recovery Mr. Tom. Chmelik (ASR) Well#2 Entity Project Manager Project Title 4600002929/950000xxxx Collier County SFWMD Contract/Purchase Order Number Entity Project Owner Describe Project constructed: Quantity of Water Made Available Type of Alternative Water (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual _ Start Finish Reclaimed Proposed (this FY) Actual (this FY) Total Construction Cost—This Phase $1,500,000 $ 92•� sir "� ° ti § � .+.� x. ,;� y s . a r-sa stw- � '.ksr .; -§ � .+ °u"-sr District funding this phase $600,000.00 $ Local funds $ $ Other funding source From: $ $ TOTAL $ Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2013 and June 30, 2014. To the best of my knowledge, the above information is correct. Chief Financial Officer Entity Project Manager Page 1 of 1,Exh '-"""" "------.No.4600002929 Packet Page-597- • 12/10/2013 11.D. EXHIBIT"E-" FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal CFDA State Program Federal Agency Number CFDA Title Funding Amount Appropriation Number Category Not Applicable State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal CFDA State Program Federal Agency Number CFDA Title Funding Amount Appropriation Number Category Not Applicable State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.: Federal State CSFA Title State Program Federal Agency Fiscal Year Number Or Funding Amount Appropriation Number Funding Source Description Category Not Applicable Total Award I For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [http./12.46.245.173icfdaicfdahtml] and/or the Florida Catalog of State Financial Assistance(CSFA) [http:/!state.fl.us'fsaalcatalog). The services/purposes for which the funds are to be used are included in the Contract scope of services/work Any match required by the recipient is clearly indicated in the Contract. Page I of 1.Exhibit"E",Agreement No.4600002929 Packet Page -598- 12/10/2013 11 .D. Local Vendor Preference Bid Tabulation:13-6161 LIVINGSTON ROAD IQ WATER ASR SYSTEM WELL BELOW THE USDW-PHASE 2 Douglas N.Higgins,Inc. Estimated Item Description Unit Quantity Cost Amount Schedule 1:General 1.1 Mobilization/Demobilization Lump Sum 1 $132,040.00 $132,040.00 1.2 Performance and Payment Bond Premium Lump Sum 1 $20,000.00 $20,000.00 1.3 Indemnification Lump Sum 1 $100.00 $100.00 Install Pad Monitor Wells/Conduct Background and Weekly Water Quality 2.1 Sampling/Abandon Wells _ Lump Sum 1 $50,000.00 $50,000.00 2.2 Surface Casing LF 280 $250.00 $70,000.00 2.3 Drill 8-Inch Pilot Hole LF 1400 $125.00 _ $175,000.00 2.4 Geophysical Logging Lump Sum 1 $110,000.00 $110,000.00 2.5 Ream Pilot Hole to 22-Inch LF 1360 $170.00 $231,200.00 2.6 FRP Installation LF 1360 $370.00 $503,200.00 2.7 Grouting Lump Sum 1 $170,000.00 $170,000.00 2.8 FRP Pressure Test Lump Sum 1 $15,000.00 $15,000.00 2.9 Well Development Lump Sum 1 $25,000.00 $25,000.00 2.10 Step Drawdown Testing Lump Sum 1 $10,000.00 $10,000.00 2.11 Acidification Lump Sum 1 $10,000.00 $10,000.00 2.12 Well Construction Items Allowance Time&Material 1 $25,000.00 $25,000.00 Schedule 3:ASR Well Equipment and Ancillary Facilities 3.1 Furnish and Install ASR Wellhead,Pump,Motor,VFD and Control Panels Lump Sum 1 $265,000.00 $265,000.00 3.2 Furnish and Install ASR Well Piping,Valves,Fittings,and Misc. Lump Sum 1 $125,000.00 $125,000.00 3.3 Furnish and Install ASR Well Electrical Lump Sum 1 $130,000.00 $130,000.00 3.4 Furnish and Install ASR Well Instrumentation Lump Sum 1 $129,000.00 $129,000.00 3.5 Furnish and Install ASR Injection Pump,Motor,VFD,controls Lump Sum 1 $101,000.00 $101,000.00 3.6 Furnish and Install ASR Injection Piping,Valves and Fittings and Misc. - Lump Sum r 1 $88,000.00. $88,000.00 3.7 Furnish and Install ASR Injection Electrical Lump Sum 1 $15,000.00 $15,000.00 3.8 Furnish and Install ASR Injection Instrumentation Lump Sum 1 $29,000.00 $29,000.00 3.9 Furnish and Install ASR Well Pipeline Lump Sum - $105,000.00 $105,000.00 3.10 Furnish and Install HVAC System Lump Sum 1 $16,000.00 $16,000.00 3.11 ASR System Allowance Time&Material 1 $25,000.00 $25,000.00 Schedule 4:Allowances 4.1 Materials Testing Allowance Time&Material 1 $5,000.00 $5,000.00 4.2 Permit Allowance Time&Material 1 $1,000.00 $1,000.00 4.3 Excavation Below Normal Grade and Bedding Rock Refill CY 10 $10.00 $100.00 4.4 New Electrical Service Allowance Time&Material 1 $50,000.00 $50,000.00 TOTAL BID PRICE FOR PROJECT $2,630,640.00 In compliance with Collier County Purchasing Policy,XI 2 a"Local Vendor Preference", DN Higgins,Inc.hereby agrees to match the current low bidder All Webb Enterprises price of$2,630,640.00 Dn Higgins,Inc. Company Name Brandy Bartolone,Vice President 11/15/2013 { Approved Company Official Date §ignature .- 4485 Enterprise Avenue,Naples,FL 34104 Local Address Packet Page-599-