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Agenda 11/08/2011 Item #16A 9n 11/8/2011 Item 16.A.9. EXECUTIVE SUMMARY Recommendation to approve Amendment No. 1 to Funding Agreement No. 4600002213 with the South Florida Water Management District to provide additional funding in the amount of $542,500 for the neat construction phase of the Lely Area Stormwater. Improvement Project, extend the current agreement, including its scope and terms, through January 4, 2013 and authorize a budget amendment to recognize the grant revenue. OBJECTIVE: For the Board of County Commissioners to approve Amendment No. 1 to Funding Agreement No. 4600002213 with the South Florida Water Management District providing additional funding in the amount of $542,500 for the next construction phase of the Lely Area Stormwater Improvement Project, and extending the current agreement, including its scope and terms, through January 4, 2013. CONSIDERATIONS: On December 12, 2010, under Item 16.A.16., the Collier County Board of County Commissioners (BCC) approved acceptance of Funding Agreement No. 4600002213 with the South Florida Water Management District ( SFWMD) for a total amount not to exceed $775,000 providing funding assistance for two (2) Stormwater projects. To date a total of $700,000 has been expended on completion of the current construction phase of the Lely Area Stormwater Improvement Project ( LASIP), Project No. 51101. The agreement funding balance of $75,000 will be expended on the second project, Phase 2 of the Northern Golden Gate Estates (NGGE) Flowway Restoration Plan, Project No. 33134. On September 8, 2011, the SFWMD Governing Board approved Amendment No. 1 to the above referenced agreement (Attachment 1 - Agreement #4600002213 -A01) with Collier County providing additional funds in the amount of,$542,500 for the next LASIP construction phase — (The Naples Manor North Canal Improvements), and extending the original agreement, including its scope and terms, until January 4, 2013. Staff recommends that the Board approve execution of the attached agreement amendment. The next LASIP construction segment, the Naples Manor North Canal Improvements, has been designed and the project is nearing the final procedures of the associated real property acquisitions. A construction contract award and project commencement is anticipated in the dry season of 2011 -2012. The purpose of the LASIP project is to provide a comprehensive stormwater outfall system for the area of East Naples, which has experienced an increasing level of drainage, related problems as growth has continued in the area. The drainage area of LASIP consists of approximately 11,135 acres and consists of two sub - basins known as the Lely Canal Basin system and the Lely Manor Basin system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. Utilization of the remaining SFWMD agreement funds for the NGGE Flowway Restoration Plan was delayed while staff secured matching funds for the project from the Florida Department of Environmental Protection (FDEP). On July 26, 2011, the BCC approved acceptance of FDEP Funding Packet Page -492- 11/8/2011 Item 16.A.9. Agreement No. S0539, Item 16.A.14., in the amount of $75,000 providing a total of $150,000 n available. With the extension of the SFWMD agreement via the amendment, staff will proceed with the consultant services to complete phase 2 of the study. No additional study phases are anticipated. Subsequent NGGE Flowway work will proceed with design and permitting of actual flowway restoration projects. The purpose of the NGGE Flowway Restoration Plan is to develop an assessment of the hydrology and vegetation characteristics of a 34 square -mile area of the Northern Golden Gate Estates and northern Belle Mead area. Long term plan goals are to restore strategic areas of drained wetlands within certain areas of the study area allowing for storage, treatment and conveyance of stormwater runoff. The project will provide wetland delineation and assessment and develop a hydrologic/hydraulic model to assess the feasibility of flowway connections of NGGE to North Belle Meade. Conveyance across the existing I -75 drainage features to the South Belle Meade area will be evaluated and alternative flowway concepts will be developed and recommended. Preliminary work on this plan was completed in 2008. At that time the project was referred to as the Horsepen Strand Conservation Area Phase 1 Study. Phase 1 was also funded by SFWMD and FDEP and sponsored (managed) by the Collier Soil and Water Conservation District (CSWCD). A second phase of the study was anticipated but no funding has been available until now. With matching grants now provided by FDEP and SFWMD phase two is ready to begin. Development of plans to restore the NGGE Flowway is one of the highest rated projects evaluated by the nearly completed County Watershed Management Plan effort. The Collier County Stormwater Section will manage completion of the NGGE Flowway Restoration Plan along with coordination from the CSWCD, SFWMD and FDEP, as all are stakeholders with Collier County in development and completion of the Watershed Management Plans. FISCAL IMPACT: A budget amendment is needed to recognize $542,500 in additional funding for 50% certified completion of the construction phase of the Lely Area Stormwater Improvement, project 33180, Transportation Grant Fund 711. The remainder of the construction funding for this new LASIP project will come from local funding in project 51101, fund 325. The two $75,000 grants for Phase 2 of the Northern Golden Gate Estates Flowway Restoration plan, in project 33134, were previously recognized and approved LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: LASIP construction and the Northern Golden Gate Estates Flowway Restoration Planning effort are both in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan. RECOMMENDATION: Approve the attached SFWMD Funding Agreement Amendment No. 4600002213 -A01 in the amount of $542,500 and direct the Board Chairman to execute the agreement, and authorize the related budget amendment. Packet Page -493- 11/8/2011 Item 16.A.9. Prepared By: Gerald N. Kurtz PE, Principal Project Manager / Shane Cox PE, Senior Project Manager, Growth Management Division Packet Page -494- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9. 11/8/2011 Item 16.A.9. Item Summary: Recommendation to approve Amendment No. 1 to Funding Agreement No. 4600002213 with the South Florida Water Management District to provide additional funding in the amount of $542,500 for the next construction phase of the Lely Area Stormwater Improvement Project, extend the current agreement, including its scope and terms, through January 4, 2013 and approve a budget amendment to recognize the grant revenue. Meeting Date: 11/8/2011 Prepared By Name: CoxShane Title: Project Manager, Senior,Transportation Engineering 10/17/2011 11:40:43 AM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: CoxShane 10/17/2011 11:40:45 AM Approved By Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 10/18/2011 11:29:52 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 10/21/2011 11:04:57 AM Name: OberrathKaren Date: 10/21/2011 11:47:30 AM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 10/24/2011 7:39:51 AM Packet Page -495- 11/8/2011 Item 16.A.9. Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 10/24/2011 11:24:15 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 10/25/2011 10:57:17 AM Name: BishopMargaret Title: Project Manager, Senior,Transportation Engineering & Construction Management Date: 10/25/20113:51:35 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 10/25/20114:04:00 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 10/25/20114:43:38 PM Name: TeachScott n Title: Deputy County Attorney,County Attorney Date: 10/27/20115:41:41 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/27/20117:45:24 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/27/20118:53:24 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 10/28/20112:22:24 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/31/20115:08:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/1 /2011 8:21:10 AM Packet Page -496- Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/1/20118:54:24 AM Packet Page -497- 11/8/2011 Item 16.A.9. 11/8/2011 Item 16.A.9. -1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT M. AMENDMENT 4600002213 -A01 SAP PO REFERENCE NO. AMENDMENT NO. 901 TO AGREEMENT NO. 4600002213 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This AMENDMENT NO. 01, is entered into on , to that AGREEMENT dated November 29, 2010, between "the Parties," the South Florida Water Management District (DISTRICT), and the Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and Ex- Officio the Governing Board of the Collier County Water Sewer District (COUNTY). ^I WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Governing Board of the DISTRICT, at its September 8, 2011 meeting, approved entering into this AMENDMENT NO. 01 with the COUNTY; and WHEREAS, the Parties wish to amend the AGREEMENT in order to (i) extend the period of performance; (ii) revise the Statement of Work; (iii) increase the funding; and (iv) revise the Payment and Deliverable Schedule of the AGREEMENT; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by one (1) year and the expiration date, as amended, is January 4, 2013. Regardless of the actual date of execution, this AMENDMENT NO. 01 shall be effective as of January 5, 2012. 2. The monetary consideration for the AGREEMENT is hereby increased by an. amount not -to- exceed Five Hundred Forty Two Thousand Five Hundred Dollars and No Cents ($542,500.00), for a total revised AGREEMENT amount not -to- exceed One Million Three Hundred Seventeen Thousand Five Hundred Dollars and No Cents (S 1,317,500.00). Pale I of 3, Amendment No. 01 to Agreement No. 4600002213 Packet Page -498- 11/8/2011 Item 16.A.9. ^' SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3. The Statement of Work, Exhibit "A" is hereby revised with the addition of Exhibit "Al ", attached hereto and made a part of this AMENDMENT NO. 01. rdmill 4. The Payment and Deliverable Schedule is also hereby revised with the addition of Exhibit "B 1 ", attached hereto and made a part of this AMENDMENT NO. 01. 5. All other terms and conditions of the AGREEMENT remain unchanged. Page 2 of 3, Amendment No. 01 to Agreement No. 4600002213 Packet Page -499- -- 11/8/2011 Item 16.A.9. tEP ti'cN f FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Dorothy A. Bradshaw, Procurement Bureau Chief Date: SFWMD PROCUREMENT APPROV By:•____ -- -�— - Date: l6 ATTEST: BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Title: Approved as to form & legal sufficiency: County Attorney Page 3 of 3, Amendment No, 01 to Agreement No. 4600002213 Packet Page -500- 11/8/2011 Item 16.A.9. EXHIBIT "Al" STATEMENT OF WORK COLLIER COUNTY STORMWATER IMPROVEMENT PROJECTS FY12 A. INTRODUCTION The District's Big Cypress Basin Board budget has earmarked funding for FY12 for implementation of watershed restoration projects that benefit the Naples Bay Initiative. The goals of the County are to: • Construct stormwater treatment structures /facilities that improve polluted runoff • Improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries • Restore sea grasses, oyster reefs, and mangroves in the Naples Bay. This cooperative agreement is an amendment to Contract No. 4600002213 in order to include funding for Project 1 and to modify the deliverables due date of Project 2. Project 1 is the Naples Manor — North Canal Improvements. It is a component of the Lely Area Stormwater Improvements Project (LASIP) and part of the Naples Bay Initiative with projects n addressing important water restoration and management issues in Collier County. Project 2 is the Northern Golden Gate Estates Flow way Restoration Master Plan. This project started in FY12 and has been temporarily delayed. The County requested a modification of the deliverables due date from September 2011 to September 2012. The LASIP will provide a comprehensive stormwater outfall system for the East Naples area, which has experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and two sub - basins known as Lely Canal Basin and Lely Manor Basin systems. Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. Available data indicates that water quality is deteriorating and an improved water management system for the area is urgently needed. The improvements scheduled for FY12 include the following projects: • Naples Manor — North Canal Improvements. The construction costs are estimated at $1,050,000. • Northern Golden Gate Estates Flowway Restoration Master Plan. The costs are estimated at $150,000. Agreement 4600002213 -A01, Exhibit "A1", Page 1 of 4 Packet Page -501- 11/8/2011 Item 16.A.9. This is a cost -share project with funding provided from the District and Collier County. The total estimated cost for the projects is $1,200,000. The total payment by the District shall not exceed the amount of $617,500 for this cooperative agreement. PROJECT #1: NAPLES MANOR - NORTH CANAL IMPROVEMENTS PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN B. OBJECTIVES The purpose of this agreement is to provide FYI funding to accomplish the following: Construction of the Naples Manor — North Canal Improvements. The project will improve the conveyance capabilities and enhance water quality of the existing linear canals within Lely Canal Basin. The project site is located east of U.S. 41 between County Road (CR) 951 and Rattlesnake Hammock Road adjacent to the north side of Naples Manor subdivision in Naples. The Lely Manor Canal and the Lely Main Canal are the main conveyance drainage systems in Lely Canal Basin, which ultimately discharges to the estuarine coastal zone along the intra - coastal waterway adjacent to Dollar Bay and Rookery Bay. Development of a Master Plan for Surface and Storm Water Management to reconnect the historic flow ways in the North Belle Meade Restoration Area, an area defined as approximately 34 square miles encompassing all or part of Sections 29 -31, Township 47 South, Range 28 East; Sections 4 -9, 17, 19, 20, 29 -32, Township 48 South, Range 28 East; Section 36, Township 48 South, Range 27 East; Sections 6, 7, 18, Township 49 South, Range 28 East; Sections 1, 11 -14, 22 -27, 33 -36, Township 49 South, Range 27 East, Collier County, Florida. C. SCOPE OF WORK PROJECT #1: NAPLES MANOR — NORTH CANAL IMPROVEMENTS The project involves the construction of the Naples Manor North Canal with cross sections as conceptually permitted with the exception of the eastern end between stations 54 +00 and 60 +00. The canal was narrowed from the conceptually approved cross section at this location to avoid impacts to the conservation easement of the South Collier Reclamation Facility. The preserve is located on the north side of the canal and generally runs along the southern fence line for the Reclamation Facility between this station ranges. In addition, adjacent to the south side of the canal, there are residential homes that nearly abut the top bank of the existing canal; therefore widening the canal to the south side was also not a feasible option. Agreement 4600002213 -A01, Exhibit "A1 ", Page 2 of 4 Packet Page -502- 11/8/2011 Item 16.A.9. This project also involves the installation of single and triple reinforced concrete culverts, construction of concrete box culverts, structures at Warren Street, and structure at station 51 +00. The proposed structure will include also a 4 -ft high by 6 -ft wide slide gate rather than a 5 -ft by 5- ft gate, which will have no adverse impact to the water quality for the basin as it is only provided for ernergency situations. PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN This project includes the following components: Wetland Delineation and Assessment, Develop a Hydrologic /Hydraulic Model to assess the feasibility of flow way connections of Northern Golden Gate Estates to North Belle Meade and convey across the existing I -75 drainage features to the South Belle Meade area (detailed model scope to be developed), and evaluate alternative flow way concepts as modeled and develop a recommended plan. D. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed to assist the County during construction. The County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible for reviewing and approving deliverables from its construction contractor(s) and consultant(s) to ensure that the project objectives are met. PROJECT #1: NAPLES MANOR — NORTH CANAL IMPROVEMENTS A. Construction Bidding This includes completion of the construction bidding process needed through issuance of the Notice -to- Proceed with construction: Advertising /Distribution of Bid Specifications, Bid Specification Addendums, as required Bid Opening, Bid Technical /Commercial Review Selection of Contractor(s) Insurance Requirements Issuance of Notice -to- Proceed with Construction Deliverable: Notice -to- Proceed with Construction B. Mobilization and Clearing • Obtain schedule from Contractor • Obtain Work Plan from Contractor Complete vegetative clearing along bank Deliverables: Copies of Contractor's schedule and Work Plan Agreement 4600002213 -A01, Exhibit "A I", Page 3 of 4 Packet Page -503- 11/8/2011 Item 16.A.9. C. Construction ^ This includes construction, engineering oversight, and project management of the construction activities as identified below, as required. • Construction of the stormwater improvements in accordance with approved plans, specifications and permit requirements • Other construction activities that are directly and appropriately associated with achieving the project objectives or completing the project scope • Engineering Oversight and Project Management • Addendums or revisions to design plans and specifications • Site Visits, Inspection and Testing • Construction Observation • Certification of 50% Completion Deliverables: Certification of 50% Completion of Construction PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION- MASTER PLAN A. Wetland Assessment B. Hydrologic/Hydraulic Model Development C. Alternative Evaluation & Recommended Plan D. Final Master Plan Agreement 4600002213 -A01, Exhibit "Al ", Page 4 of 4 Packet Page -504- 11/8/2011 Item 16.A.9. EXHIBIT "B 1" PAYMENT AND DELIVERABLE SCHEDULE If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. • A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. • All deliverables submitted hereunder are subject to review and acceptance by the District. • Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of project n invoices in accordance with the schedule set forth below. • All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with this Statement of Work document. A one lump sum amount of $ 542,500 will be paid to Collier County upon completion of Task 1. Agreement 4600002213 -A01, Exhibit "B]", Page 2 of 2 Packet Page -505- 1: Na Ies Manor North � 4 DeIivcrables Due Date Distr►ct ,Task 'Y Kyi 1 °SP S °v.. � ' Canal Improvements ` 'e�i � °`• ! C yy f } r'� Not to Pa E rn v ^ n Ment* (A) Construction Bidding Notice to Proceed (B) Mobilization and Clearing Contractor's schedule and Work Plan (C) Construction of Naples Manor- Certification of 50% September $42,500. North Canal Improvements Construction Completion 2012 Task 1. Total District /BCB Share 5542,500. A one lump sum amount of $ 542,500 will be paid to Collier County upon completion of Task 1. Agreement 4600002213 -A01, Exhibit "B]", Page 2 of 2 Packet Page -505- 11/8/2011 Item 16.A.9. � "t �t -: ' } •�, f a '��Y '1z^t r Task 2 iYorthern Golden '`s 4t S 'X 1.+` r' �.J 4r{ Deliverables / Due Date , District • � y +'dd.',iF4 ^d'r P • '"5 r'1V'f k '7'r ' x' Yx1 "s Gaffe Estate Flowway 3 ^' ✓ 1 '", : ✓,.. s r � r { Nvt .. �E} °to r restoration Master Plan f Eacced .c went _s. .:Pa' (A) Wetland Assessment Draft Report January 2012 (B) Hydrologic /Hydraulic Model Draft Report April 2012 Development (C) Alternative Evaluation and Draft Report August 2012 Recommended Plan (D) Final Master Plan Final Report (5 hard September copies, 1 electronic copy 2012 including all data) !Task 1 Total District/13CB Share I S75,Of}t }, n A one lump sum amount of $ 7,000 will be paid to Collier County upon completion of Task 2. * The District shall only be obligated to pay for documented actual expenditures within the not - to- exceed amounts specified above. Agreement 4600002213 -A01, Exhibit "B]", Page 2 of 2 Packet Page -506-