Agenda 03/23/2010 Item #16C 3
Agenda Item No. 16C3
March 23. 2010
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation to accept a South Florida Water Management District Alternative Water
Supply Grant in the amount of $488,000 for partial funding of the construction of the
Irrigation Quality Water Booster Pump Station, Project 74076, and Irrigation Quality
Water Pond Liner, Project 73950.
OBJECTIVE: To receive approval to accept a grant from the South Florida Water Management
District (SFWMD) to provide partial funding of the Irrigation Quality crQ) Water Booster Pump
Station, Project 74076, and IQ Water Pond Liner, Project 73950, up to the amount of $488,000.
The booster pump station will add flexibility and increase efficiency to the IQ water system and
the pond liner wilI increase IQ water storage to improve availability for distribution.
CONSIDERATIONS: The Public Utilities Division has been awarded a grant from the
SFWMD under Senate BilI444 "Alternative Water Supply Grant Program." In its 2010 budget,
rather than requiring a formal grant application, the Big Cypress Basin allocated $488,000 to
Collier County for alternative water supply projects. The Big Cypress Basin selected the
following projects:
Title: IQ Water Booster Pump Station - Project Number 74076. Grant amount of
$200,000.
Description: The IQ Water Booster Pump Station project will install two 3.5 MGD pumps and
associated piping, valves, instrumentation, controls, electrical equipment, site
work, and restoration. The booster pump station wilI add flexibility, increase
efficiency to the IQ water system and enhance the interconnections of the North
and South IQ water service areas, allowing the County to serve as many
customers as possible.
Title: IQ Water Pond Liner - Project Number 73950. Grant amount of $288,000.
Description: The IQ Water Pond Liner project wilI install an impermeable fused rubberized
liner in Pond 2 at the North County Water Reclamation Facility (NCWRF). The
pond liner will allow the County to increase IQ water storage to improve
availability for distribution to the customer and therefore reduce potable water
usage.
Staff is now in receipt of the Agreement for these projects. The agreement is required to be
executed and returned to SFWMD for signature and final processing.
FISCAL IMPACT: Revenue of $488,000 will be realized upon completion of the work
associated with the agreement. It is anticipated that this will occur during FY 10. The source of
matching funds is Fund 414, Wastewater User Fees. The I Q Water Booster Pump Station budget
of$I,300,000 is included in the FYI 0 budget approved by the BCC on September 24, 2009. The
IQ Water Pond Liner budget of $800,000 is part of the NCWRF Expansion Project budget of
$8,110,000 included in the FYI0 budget approved by the BCC on September 24, 2009.
Agenda Item No. 16C3
March 23, 2010
Page 2 of 30
Four budget amendments are required from Fund 414, Wastewater User Fees. The first two are
from Project Number 74076, IQ Water Booster Pump Station, in the amount of $200,000 for
Fund 416, Public Utilities Grants, and $1,100,000 for Fund 4 17, Public Utilities Matching. The
second two are from Project Number 73950, in the amount of $288,000 for Fund 4 16, Public
Utilities Grants, and $512,000 to Fund 417, Public Utilities Matching.
LEGAL CONSIDERATIONS: Although the Agreement has not yet been executed by the
SFWMD, it has been approved for legal sufficiency because SFWMD requires County execution
first. The Resolution has been approved for form and legal sufficiency. - JBW
GROWTH MANAGEMENT IMPACT: This project is consistent with the 2008 Wastewater
Master Plan Update adopted by the Board of Collier County Commissioners on June 24, 2008,
under Item IO(G). These projects can be found listed in Table 8-2, line 90, and Table 8-3, line
58, of the 2008 Wastewater Master Plan Update. This grant will support the user fee projects
that are consistent with and will further the Goals, Objectives, and Policies of the Collier County
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing
Board of the Collier County Water-Sewer District:
1. Accept a South Florida Water Management District Alternative Water Supply Grant in
the amount of $488,000 for partial funding of the construction of the IQ Water Booster
Pump Station, Project 74076, and IQ Water Pond Liner, Project 73950.
2. Approve and authorize the Chair to execute Agreement No. 4600001966 between the
South Florida Water Management District and Collier County - Irrigation Quality (lQ)
Water Booster Pump Station and Pond Liner up to the amount of$488,000.
3. Approve and authorize the Chair to execute the Resolution,
4. Authorize the necessary budget amendments.
PREPARED BY: Nathan Beals, Associate Project Manager, Public Utilities Planning and
Project Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C3
March 23, 2010
Page 3 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C3
Recommendation to accept a South Florida Water Management District Alternative Water
Supply Grant in the amount of $488,000 for partial funding of the ccnstruction of the Irrigation
Quality Water Booster Pump Station, Project 74076, and Irrigation Quality Water Pond Liner,
Project 73950.
3/23/2010 9:00:00 AM
Date
Prepared By
Nathan Beals
Public Utilities Division
Project Manager, Associate
Public Utilities Engineering
2/25/20101:15:02 PM
Date
Approved By
Nathan Beals
Public Utilities Division
Project Manager, Associate
Public Utilities Engineering
2/25/20101:15 PM
Date
Approved By
Jennifer White
County Attorney
Assistant County Attorney
County Attorney
2/2512010 4:29 PM
Phil E. Gramatges, P .E.
Date
Approved By
Public Utilities Division
Project Manager, Principal
Public Utilities Engineering
3/112010 10:21 AM
Approved By
Paul Mattausch
Public Utilities Division
Director - Water
Date
Water
3/3/20106:52 AM
Date
Approved By
Pamela Libby
Public Utilities Division
Manager - Operations-WaterlWW
Water
3/3/20107:18 AM
Date
Approved By
Beth Johnssen
Public Utilities
IQ Water Manager
WasteWater
3/312010 1 :05 PM
Date
Approved By
G. George Yilmaz
Public Utilities Division
Director - Wastewater
Wastewater
3/3/20102:28 PM
Date
Approved By
Thomas Wides
Public Utilities Division
Director - Operations Support - PUD
Utilities Finance Operations
3/4/2010 1 :52 PM
Approved By
Marlene J. Foard
Administrative Services
Division
Agenda Item No. 16C3
March 23, 2010
Page 4 of 30
Grant Development & Mgmt Coordinator
Date
Administrative Services Division
3/5/20108:19 AM
Approved By
Date
James W. Delany
County Attorney
County Attorney
3/5/2010 11:22AM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/5/2010 12:56 PM
Susan Usher
Date
Approved By
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
3/15/20109:21 PM
Mark Isackson
Date
Approved By
Office of Management &
Budget
ManagemenUBudget Analyst, Senior
Office of Management & Budget
3/16/20109:33 AM
Agenda Item No. 16C3
March 23, 2010
Page 5 of 30
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
Fedex Overnight Delivery
7983 7523 0183
February 9, 2010
Mr. Nathan Beals, Project Manager
Board of County Commissioners of Collier County, Florida
3301 East Tamiami Trail, Bldg H 3rd FL
Naples, FL 34112
Dear Mr. Beals:
Subject:
Contract # 4600001966
Irrigation Quality (IQ) Water Booster Pump Station and Pond Liner Collier
County Water Sewer District
Enclosed please find two (2) copies of the above referenced document stamped "Original".
Please have both documents executed by an individual with signature authority on behalf of
your organization and return both originals to my attention within two (2) working weeks. If
applicable, and not previously submitted, a Certificate of Insurance reflecting the required
coverages(s) as well as documentation to demonstrate official delegation of signature authority
up to the contract monetary limits should also be provided with the executed documents. Any
delays in the return of the documents may jeopardize the availability of funding. A fully
executed original will be returned to you for your files upon execution by the South Florida
Water Management District (District).
Your cooperation and timely response will be greatly appreciated. Note that this document is not
binding on the parties until it is approved by the appropriate level of authority within the District
and executed by both parties. Should there be any questions, or if you require any additional
information, please do not hesitate to contact me.
Sincerely,
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Sharman Rose
Contract Specialist
Procurement Department
shrose@sfwmd.gov
(561) 682-2167
FAX: (561) 682-5624
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Enclosure
3301 Gun Gub Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WArs 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . wwvv.sfwmd.gov
Agenda Item No. 16C3
March 23, 2010
Omr:mAt
SAP REFERENCE NO.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001966
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of the by and between the South Florida
Water Managernent 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
ofthe Collier County Water Sewer District (ENTITY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by
the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes, to include entering into contracts with public agencies, private corporations or
other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY to
conduct Alternative Water Supply projects; and
WHEREAS, the ENTITY 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
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 ENTITY agrees to perform the work
set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of
funds and in accordance with their respective authorities for the ENTITY to construct
and connect the Booster Pump Station to the interconnected service areas and to line
pond 2 with an impermeable fused rubberized liner.
Agreement No. 4600001966 - Pllge 1 of?
Agenda Item No. 16C3
March 23, 2010
Page 7 of 30
2. Regardless of the actual date of execution, the period of performance of the
AGREEMENT is effective December 1, 2009 and shall continue for a period of ten
months (10) months.
3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Eighty-
Eight Thousand Dollars and No Cents ($488,000.00). The DISTRICT shall make
payment upon completion and acceptance of the deliverables as described in the Payment
and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a
part of this AGREEMENT. The DISTRICT's contribution is subject to adequate
documentation to support actual expenditures within the not-to-exceed AGREEMENT
funding limitation of $488,000.00. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. In the event the ENTITY is providing a
cost sharing contribution as provided for in paragraph 5 below, the ENTITY 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 ENTITY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The ENTITY 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 ENTITY shall cost share in the total amount of One Million Six Hundred Twelve
Thousand Dollars and No Cents ($1,612,000) in conformity with the laws and regulations
governing the ENTITY.
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 ENTITY 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
ENTITY but shall be open to periodic review and inspection by either party. No work set
forth in Exhibit "A" shall be performed beyond August 31, 2010 unless authorized
through execution of an amendment to cover succeeding periods.
7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
ENTITY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The ENTITY 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 ENTITY that the DISTRICT shall
Agreement No. 4600001966 - Page 2 of?
Agenda Item No. 16C3
March 23,2010
Page 8 of 30
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract( s).
8. Both the DISTRICT and the ENTITY 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 ENTITY under this AGREEMENT shall be deemed to be the property of the
ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all
ownership to tangible property.
9. The ENTITY, 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 ENTITY and the officers, employees, servants and agents thereof. The ENTITY
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 ENTITY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the ENTITY subcontracts any part or all of the work hereunder to any third party, the
ENTITY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the ENTITY. Any contract
awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor
agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages
arising in connection with the ENTITY's subcontract.
10. The ENTITY 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 ofthe other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds ofrace, 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.
Agreement No. 4600001966 - Page 3 of?
Agenda Item No. 16C3
March 23, 2010
Page 9 of 30
13. The ENTITY, 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 ENTITY, upon request, as to any such laws of which it has
present knowledge.
14. Either party rnay 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 ENTITY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The ENTITY shall allow public access to all project documents and rnaterials in accordance
with the provisions of Chapter 119, Florida Statutes. Should the ENTITY 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 ENTITY.
16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The ENTITY shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes:
A. Maintenance of Records: The ENTITY 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 Availabilitv of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the ENTITY 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
ENTITY shall, in addition to the inspection and audit rights set forth in paragraph 16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the ENTITY as set forth in Exhibit "C". The ENTITY shall maintain all
financial/non-financial records through:
Agreement No. 4600001966 - Page 4 of7
Agenda Item No. 16C3
March 23, 2010
Page 10 of 30
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) 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 Cornpliance
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 cornpleted
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 ENTITY's financial and non-
financial records to the extent necessary to monitor the ENTITY'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
Board of County Commissioners of
Collier County, Florida
Attn: Nathan Beals, Project Manager
330 I East Tamiami Trail, Bldg. H, 3" Floor
Naples FL 34112
Attn: Max Guerra, Project Manager
Attn: Shannan Rose, Contract Specialist
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No. (561) 682-2167
FAX No. (561) 682-5624
Telephone No. (239) 252-2583
19. Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts
Payable at the DISTRICT's address specified below. All invoices shall reference the
AGREEMENT and SAP Reference Numbers specified on page one of this
AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the
DISTRICT's Project Manager either at the address specified in paragraph 18 above or
via Facsimile (FAX) using the FAX number also specified above.
South Florida Water Management District
Attention: Accounts Payable
P.O. Box 24682
West Palm Beach, Florida 33416-4682
20. ENTITY recognizes that any representations, statements or negotJ.atlOns 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.
Agreement No. 4600001966 - Page 5 of 7
Agenda Item No. 16C3
March 23. 2010
Page 11 of 30
21. This AGREEMENT rnay 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 carmot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution rnutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
26. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 26
(b) Exhibit "A" Statement of Work
(c) Exhibit "B" Payment and Deliverable Schedule
(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
Agreement No. 4600001966 - Page 6 of?
Agenda Item No. 16C3
March 23, 2010
Page 12 of 30
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:
Frank Hayden, Director of Procurement
SFWMD PROCUREMENT APPRO~D
By: So>-- \<...J"\>-
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
BY:
By:
Name of Authorized Individual
Title:
Approved as to form & legal sufficiency
~~yj~
Assistant County Attorney
Agreement No. 4600001966 - Page 7 of7
Agenda Item No. 16C3
March 23, 2010
Page 13 of 30
EXHIBIT" A"
STATEMENT OF WORK
Irrigation Quality (IQ) Water Booster Pump Station and Pond Liner
Collier County Water Sewer District
A. INTRODUCTION
Project 1: Irrigation Quality (IQ) Water Booster Pump Station
Collier County reuses over 20 rnillion gallons per day (MGD) of treated wastewater. The
majority of the irrigation quality (IQ) water is used by commercial and residential users for
irrigation. Collier County also uses lQ water for irrigation at various parks and roadway medians.
A small portion of the IQ water is used for environmental mitigation. lQ water is water other
than potable water which meets all of the state and local regulatory requirements as rnandated by
the FDEP permits and the F AC. Collier County serves two IQ water service areas referred to as
the South and North service areas. The South service area is primarily served by treated effluent
rrom the South County Water Reclamation Facility (SCWRF) and the North service area is
served by the North County Water Reclamation Facility (NCWRF).
Collier County has identified a need to construct the IQ Water Booster Pump Station to add
flexibility and increased efficiency to their IQ water system. The IQ water booster pump station
will enhance the interconnections of the North and South IQ water service areas, allowing the
County to serve as many customers as possible.
Project 2: Irrigation Quality (IQ) Water Pond Liner
Furthermore, the (NCWRF) has a constructed capacity to treat 24. I million gallons per day
(MOD) of wastewater and converts approximately 95% of the wastewater flow to irrigation
quality (IQ) water for distribution. At the NCWRF, ponds two and four are currently used to
dispose of non-compliant IQ water by penneation into the soil. Collier County now wants to use
the ponds for storage of compliant IQ water. The berms and access roads around the ponds will
need to be enhanced and an interconnection system will be added to improve the flexibility of the
storage ponds.
The project will be done in phases and the first phase will line pond two with an impermeable
fused rubberized liner. This project will allow Collier County to use Pond 2 for storage of
compliant IQ water, improve availability for distribution, and reduce potable water usage.
B. OBJECTIVES
The objectives of Project I are to enhance the interconnection of the North and South IQ water
service areas, to improve the reliability of the IQ water system, and allow staff to optimize the
use of this limited resource.
Page 1 of3, Ex.rllbit "A", to Agreement No. 4600001966
Agenda Item No. 16C3
March 23, 2010
Page 14 of 30
The objectives of Project 2 are to lOcrease storage capacity of compliant IQ water and improve
availability for distribution.
C. SCOPE OF WORK
Collier County will construct and connect the Booster Pump Station to the interconnected service
areas. The deliverables for Project I will include the installation of two 3.5 MGD pumps with
variable frequency drives and associated piping and valves, instrumentation and controls, and
site work and restoration. The deliverables for Project 2 includes lining pond two with an
impermeable fused rubberized liner.
D. WORK BREAKDOWN STRUCTURE
The major tasks and task descriptions that will be necessary for the completion of the scope of
work are as follows.
Task 1: Install two (2) 3.5 MGD pumps and associated piping, valves, instrumentation,
controls, electrical equipment, site work, and restoration. Collier County shall submit a
Certificate of Completion and invoice.
Dne Date: 8/31120 I 0
The Reclaimed Water Booster Pump Station will be located along Livingston Road, just south of
Golden Gate Parkway
Task 2: Install impermeable fused rubberized liner in Pond 2 at the NCWRF Collier County
shall submit a Certificate of Completion and invoice.
Due Date: 8/3112010
The NCWRF is located at 10500 Goodlette-Frank Road. Pond 2 is located in the south half of
the property.
Page 2 of 3, Exhibit "A", LO Agreement No 4600001966
Agenda Item No. 16C3
March 23, 2010
Page 15 of 30
Agenda Item No 16C3
March 23, 2010
Page 16 of 30
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
Irrigation Quality (lQ) Water Booster Pump Station and Pond Liner
Collier County Water Sewer District
If the total consideration for this AGREEMENT is subject to multi-year funding
allocations, funding for each applicable fiscal year of this AGREEMENT will be subject
to Governing Board budgetary appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary.
. A summary deliverable and payment schedule associated with this project is set forth
below including specific deliverables associated with each task and due dates for all
deliverables.
All deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
Payment shall be made following receipt and acceptance by the District of project
invoices in accordance with the schedule set forth below.
All invoices shall be accompanied by adequate documentation to demonstrate completion
of each task in accordance with this Statement of Work document.
Task
Description
Deliverables
Due
Date
SFWMD
Not- To-
Exceed
Payment
Install two (2) 3.5 MGD
pumps, associated piping,
valves, instrumentation,
controls, electrical equipment,
site work, andrestoration.
Certificate of 08/31/1 0 $200,000.00
Completion!
Invoice
2
Install Impermeable Fused
Rubberized Liner in Pond 2.
Certificate of
Completion!
Invoice
Total SFWMD Payment
Collier County Water Sewer District
Total Project Cost
08/31/10 $288,000.00
$488,000.00
$1,612,000.00
$2,100,000.00
Page J of 1, Exhibit "8" to Agreement No 4600001966
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Agenda Item No. 16C3
March 23, 2010
Page 17 of 30
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Agenda Item No. 16C3
~}RAL
SAP REFERENCE NO.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001966
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
Tms AGREEMENT is entered into as of the by and between 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 (ENTITY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by
the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes, to include entering into contracts with public agencies, private corporations or
other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY to
conduct Alternative Water Supply projects; and
WHEREAS, the ENTITY 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
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 ENTITY agrees to perform the work
set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of
funds and in accordance with their respective authorities for the ENTITY to construct
and connect the Booster Pump Station to the interconnected service areas and to line
pond 2 with an impermeable fused rubberized liner.
Agreement No. 4600001966 - Page 1 of?
Agenda Item No. 16C3
March 23, 2010
Page 19 of 30
2. Regardless of the actual date of execution, the period of performance of the
AGREEMENT is effective December 1, 2009 and shall continue for a period of ten
months (10) months.
3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Eighty-
Eight Thousand Dollars and No Cents ($488,000.00). The DISTRICT shall make
payment upon completion and acceptance of the deliverables as described in the Payment
and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a
part of this AGREEMENT. The DISTRICT's contribution is subject to adequate
documentation to support actual expenditures within the not-to-exceed AGREEMENT
funding limitation of $488,000.00. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. In the event the ENTITY is providing a
cost sharing contribution as provided for in paragraph 5 below, the ENTITY 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 ENTITY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The ENTITY 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 ENTITY shall cost share in the total amount of One Million Six Hundred Twelve
Thousand Dollars and No Cents ($1,612,000) in conformity with the laws and regulations
governing the ENTITY.
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 ENTITY 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
ENTITY but shall be open to periodic review and inspection by either party. No work set
forth in Exhibit "A" shall be performed beyond August 31, 2010 unless authorized
through execution of an amendment to cover succeeding periods.
7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
ENTITY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The ENTITY 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 ENTITY that the DISTRICT shall
Agreement No. 4600001966 - Page 2 of7
Agenda Item No. 16C3
March 23, 2010
Page 20 of 30
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract( s).
8. Both the DISTRICT and the ENTITY 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 ENTITY under this AGREEMENT shall be deemed to be the property of the
ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all
ownership to tangible property.
9. The ENTITY, 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 ENTITY and the officers, employees, servants and agents thereof. The ENTITY
represents that it is self-funded for Worker's Cornpensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the ENTITY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the ENTITY subcontracts any part or all of the work hereunder to any third party, the
ENTITY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the ENTITY. Any contract
awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor
agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages
arising in connection with the ENTITY's subcontract.
10. The ENTITY 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 ofthe other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race, color, creed, national origin, handicap, age or sex, frorn participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
Agreement No. 4600001966 - Page 3 of?
Agenda Item No. 16C3
March 23, 2010
Page 21 of 30
13. The ENTITY, 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 ENTITY, 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 ENTITY for authorized work performed through the
termination date shaH be returned to the DISTRICT within sixty (60) days of
termination.
15. The ENTITY shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119, Florida Statutes. Should the ENTITY 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 ENTITY.
16. The ENTITY shall maintain records and the DISTRICT shaH have inspection and audit
rights below. The ENTITY shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes:
A. Maintenance of Records: The ENTITY shaH maintain aH fmancial 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 shaH be maintained and made available
for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the ENTITY 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
ENTITY shall, in addition to the inspection and audit rights set forth in paragraph 16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the ENTITY as set forth in Exhibit "C". The ENTITY shall maintain all
financial/non-financial records through:
Agreement No. 4600001966 - Page 4 of?
Agenda Item No. 16C3
March 23, 2010
Page 22 of 30
(I) 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 ENTITY's financial and non-
financial records to the extent necessary to monitor the ENTITY'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
Board of County Commissioners of
Collier County, Florida
Attn: Nathan Beals, Project Manager
Attn: Max Guerra, Project Manager
Attn: Sharman Rose, Contract Specialist
330 I East Tamiami Trail, Bldg. H, 3'" Ftoor
Naples FL 34112
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No. (561) 682-2167
FAX No. (561) 682-5624
Telephone No. (239) 252-2583
19. Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts
Payable at the DISTRICT's address specified below. All invoices shall reference the
AGREEMENT and SAP Reference Numbers specified on page one of this
AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the
DISTRICT's Project Manager either at the address specified in paragraph 18 above or
via Facsimile (FAX) using the FAX number also specified above.
South Florida Water Management District
Attention: Accounts Payable
P.O. Box 24682
West Palm Beach, Florida 33416-4682
20. ENTITY recognizes that any representations, statements or negotIatwns 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.
Agreement No. 4600001966 - Page 5 of?
Agenda Item No. 16C3
March 23, 2010
Page 23 of 30
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, ifrequired.
22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter. the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
24. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective
unless in writing and signed by the party against whom enforcement is sought. Such waiver
shall be limited to provisions of this AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. No waiver shall constitute a
continuing waiver unless the writing states otherwise.
25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
altemative 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 I - 26
(b) Exhibit "A" Statement of Work
(c) Exhibit "B" Payment and Deliverable Schedule
(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
Agreement No. 4600001966 - Page 6 of?
Agenda Item No. 16C3
March 23, 2010
Page 24 of 30
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENT on the date first written above.
SFWMD PROCUREMENT APPRO~
By: S)..
Date: "2-1 '1-\ \0
AftIIT
...-......-
81:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Director of Procurement
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
By:
Name of Authorized Individual
Title:
Approved as to form & legal sufficiency
~'-b"D~
Assistant County Attorney
Agreement No. 4600001966 - Page 7 of?
Agenda Item No. 16C3
March 23, 2010
Page 25 of 30
EXHIBIT" A"
STATEMENT OF WORK
Irrigation Quality (IQ) Water Booster Pump Station and Pond Liner
Collier County Water Sewer District
A. INTRODUCTION
Project I: Irrigation Quality (IQ) Water Booster Pump Station
Collier County reuses over 20 million gallons per day (MGD) of treated wastewater. The
majority of the irrigation quality (IQ) water is used by commercial and residential users for
irrigation. Collier County also uses IQ water for irrigation at various parks and roadway medians.
A small portion of the IQ water is used for environmental mitigation. lQ water is water other
than potable water which meets all of the state and local regulatory requirements as mandated by
the FDEP permits and the F AC. Collier County serves two IQ water service areas referred to as
the South and North service areas. The South service area is primarily served by treated effluent
from the South County Water Reclamation Facility (SCWRF) and the North service area is
served by the North County Water Reclamation Facility (NCWRF).
Collier County has identified a need to construct the IQ Water Booster Pump Station to add
flexibility and increased efficiency to their IQ water system. The IQ water booster pump station
will enhance the interconnections of the North and South IQ water service areas, allowing the
County to serve as many customers as possible.
Project 2: Irrigation Quality (IQ) Water Pond Liner
Furthermore, the (NCWRF) has a constructed capacity to treat 24. I million gallons per day
(MGD) of wastewater and converts approximately 95% of the wastewater flow to irrigation
quality (IQ) water for distribution. At the NCWRF, ponds two and four are currently used to
dispose of non-compliant IQ water by permeation into the soil. Collier County now wants to use
the ponds for storage of compliant IQ water. The berms and access roads around the ponds will
need to be enhanced and an interconnection system will be added to improve the flexibility of the
storage ponds.
The project will be done in phases and the first phase will line pond two with an impermeable
fused rubberized liner. This project will allow Collier County to use Pond 2 for storage of
compliant IQ water, improve availability for distribution, and reduce potable water usage.
B. OBJECTIVES
The objectives of Project I are to enhance the interconnection of the North and South IQ water
service areas, to improve the reliability of the IQ water system, and allow staff to optimize the
use of this limited resource.
Page] of 3, Exhibit "A", to Agreement No_ 4600001966
Agenda Item No. 16C3
March 23, 2010
Page 26 of 30
The objectives of Project 2 are to increase storage capaclty of compliant lQ water and improve
availability for distribution.
C. SCOPE OF WORK
Collier County will construct and connect the Booster Pump Station to the interconnected service
areas. The deliverables for Project 1 will include the installation oftwo 3.5 MGD pumps with
variable frequency drives and associated piping and valves, inst11lmentation and controls, and
site work and restoration. The deliverables for Project 2 includes lining pond two with an
impermeable fused 11lbberized liner.
D. WORK BREAKDOWN STRUCTURE
The major tasks and task descriptions that will be necessary for the completion of the scope of
work are as follows.
Task 1: Install two (2) 3.5 MGD pumps and associated piping, valves, instrumentation,
controls, electrical equipment, site work, and restoration. Collier County shall submit a
Certificate of Completion and invoice.
Due Date: 8/3]/2010
The Reclaimed Water Booster Pump Station will be located along Livingston Road, just south of
Golden Gate Parkway.
Task 2: Install impermeable fused 11lbberized liner in Pond 2 at the NCWRF. Collier County
shall submit a Certificate of Completion and invoice.
Due Date: 8/31/2010
The NCWRF is located at 10500 Goodlette-Frank Road. Pond 2 is located in the south half of
the property
Page 2 of 3, Exl1ibit "A", to Agreement No. 4600001966
Agenda Item No. 16C3
March 23. 2010
Page 27 of 30
Agenda Item No. 16C3
March 23, 2010
Page 28 of 30
EXHIBIT "B"
SUMMARY SCHEDULE OF T ASKS AND DELIVERABLES
Irrigation Quality (IQ) Water Booster Pump Station and Pond Liner
Collier County Water Sewer District
If the total consideration for this AGREEMENT is subject to multi-year funding
allocations, funding for each applicable fiscal year of this AGREEMENT will be subject
to Governing Board budgetary appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary.
A summary deliverable and payment schedule associated with this project is set forth
below including specific deliverables associated with each task and due dates for all
deliverables.
All deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
Payment shall be made following receipt and acceptance by the District of project
invoices in accordance with the schedule set forth below.
All invoices shall be accompanied by adequate documentation to demonstrate completion
of each task in accordance with this Statement of Work document.
Task
Description
Deliverables
Due
Date
SFWMD
Not- To-
Exceed
Payment
Install two (2) 3.5 MGD
pumps, associated piping,
valves, instrumentation,
controls, electrical equipment,
site work, andrestClration.
Certificate of . 08/31/1 0 $200,000.00
Completion!
Invoice
2
Install Impermeable Fused
Rubberized Liner in Pond 2.
Certificate of
Completion!
Invoice
Total SFWMD Payment
Collier Count)' Water Sewer District
Total Project Cost
08/31/10 $288,000.00
. $488,000.00
$1,612,000.00
$2,100,00000
Page] of 1, Exhibit "8" to Agreement No 4600001966
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Agenda Item No. 16C3
March 23,2010
Page 29 of 30
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Agenda Item No. 16C3
March 23, 2010
Page 30 of 30
RESOLUTION NO. 2010-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE, A SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY GRANT AGREEMENT UP TO A TOTAL AMOUNT
OF $488,000 (OR 40% OF PROJECT COST, WHICHEVER IS LESS) FOR PARTIAL
FUNDING OF THE CONSTRUCTION OF THE IRRIGATION QUALITY WATER
BOOSTER PUMP STATION, PROJECT 74076, AND THE IRRIGATION QUALITY
WATER POND LINER, PROJECT 73950.
WHEREAS, at the March 23, 2010, meeting of the Board of County Commissioners the
Board ("Board") approved a South Florida Water Management District (the "District")
AIternative Water Supply Grant up to a total amount of $488,000 (or 40% of project cost,
whichever is less) for partial funding of the construction of the Irrigation Quality Water Booster
Pump Station and the Irrigation Quality Water Pond Liner, and authorized the Board, through its
Chair, to enter into an agreement accepting the grant with the District; and
WHEREAS, the District requires that the Board provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote to approve the agreement and its
authorization for the Chair to execute the agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
On March 23, 2010, the Board of County Commissioners approved by majority vote the
aforementioned Agreement and authorized its Chairman to execute same.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to the
District.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 23rd day of March, 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
, DEPUTY CLERK
Approval as to form and legal Sufficiency:
~~~
Jennifer. . te
Assistant County Attorney