Agenda 04/13/2010 Item #16B 9
Agenda Item No, 16B9
April 13, 2010
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve FW1ding Agreement No, 4600002032 and budget
amendment in the amoW1t of $39,329,00 necessary to recognize matching funds from
South Florida Water Management District, which will provide assistance with the
construction of the Gateway Triangle Stormwater Improvement Project (Project #51803),
OBJECTIVE: To receive approval of the South Florida Water Management District
(SFWMD) FW1ding Agreement No, 4600002032, in the amount of $39,329,00,
providing funding assistance for the construction of the Gateway Triangle Stormwater
Improvement Project (Project #51803).
CONSIDERATIONS: The South Florida Water Management District (SFWMD) has
approved entering into a cooperative agreement with Collier COW1ty for the following
stormwater improvement project: Phase II construction of the Gateway Triangle
Stormwater Improvement Project This executive summary is to request Board approval
of the funding agreement and associated revenue ($39,329 to fund 325),
FISCAL IMPACT: This Agreement will contribute revenue in the amoW1t of $39,329
to FW1d 711 Transportation Grants and will require the matching funds in the amoW1t of
$39,329 to be recognized in Fund 712 Transportation Match, Matching funds as required
by the SFWMD Agreement are available in the FY 10 Stormwater Capital Fund 325,
Project 51803. All grant and matching funds will be recognized as part of Project 51803,
with the grant number to be determined once the grant is entered into the Grant
Management System, A budget amendment is necessary to recognize matching funds
from South Florida Water Management District
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action~SRT,
GROWTH MANAGEMENT IMPACT: The Gateway Triangle Stormwater
Improvement Project is in accordance with the goals and objectives of the Drainage Sub-
element of the Growth Management Plan,
RECOMMENDATION: (I) Approve the attached South Florida Water Management
District (SFWMD) Funding Agreement No, 4600002032 in the amount of $39,329,00, .
providing funding assistance for The Gateway Triangle Stormwater Improvement
Project, and (2) direct the Board Chairman to execute the agreement
Prepared By. R Shane Cox, PE, Senior Project Manager, Transportation Services
Division, Stormwater Management Section
Attachments: (I) Agreement #4600002032
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16B9
April 13, 2010
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1689
Recommendation to approve Funding Agreement No, 4600002032 and budget amendment
in the amount of $39,329 necessary to recognize matching funds from South Florida Water
Management District, which will provide assistance with the construction of the Gateway
Triangle Stormwater Improvement Project (Project #51803),
4/13/20109:00:00 AM
Project Manager, Senior
Date
Prepared By
R. Shane Cox, P .E.
Transportation Division
Transportation Road Maintenance
3/25/201010:16:22 AM
Deputy County Attorney
Date
Approved By
Scott R. Teach
County Attorney
County Attorney
3/25/20101:14 PM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
3/25/2010 3:43 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
3/26/20101:21 PM
Date
Approved By
Jeff Klatzkow
County Attorney
3/30/2010 10:48 AM
Date
Approved By
John Vliet
Transportation Division
Director - Road Maintenance
Transportation Road Maintenance
3/30/2010 2:43 PM
Management/Budget Analyst
Date
Approved By
Caroline Soto
Transportation Division
Transportation Administration
4/1/20104:55 PM
Date
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
4/5/201011:40 AM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
4/6/201012:06 PM
Agenda Item No, 16 9
April 13, 2 0
Page 3 of 4
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SOUTH FLORIDA WATER MANAGEMENT DISTRlCf
Overnight Delivery
7984 4597 2042
March 4,2010
Mr, Shane Cox, P,M.
Collier County :
Department of StOIrn Water Management
3301 Tamiaml Trail E. Building H
Naples, FL 34112:
~" C
MAR 1 2 2V.'!)
Dear Mr. Cox:
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co~tract # 4600002032
Subject:
Enclosed please ~nd two (2) copies of the above referenced document stamped .Original",
Please have both.dQC\Jments 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 nSt previously submitted. a Certificate of Insurance ref1ectlng the required
coverage(s) as w&1I as documentation to demonstrate official delegation of signature euthority
up to the contrad monetary limits should also be provided with the executed documents. Any
delays in the return of the documents may jeopardize the availability of fun<!tng, A fully
executed original"will be returned to you for your files upon execution by [he South Florida
Water Manage~nt District (District),
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Your cooperation and timely response will be greatly appreciated, Notflthat this document is not .,~
binding on the p~es until It is approved by the appropriate level of authority within the District i
an<! executed by both parties. Should there be any questions, or if you require any additional
information, please do not hesitate to contact me,
Sincerely,
/wc1(~
Patrick Wiener
Senior Contract Specialist
Procurement Department
pWiener@sfwmd,gov
(561) 682-6220
FAX: (561) 681-6275
PW/kr
Enclosure
c: Molly Meadows, MSC 4205
3.".0] GunGUD Road. \Nt'st p"lm ~ach. florid... 33406 . (56]) 6~6-8800 .FL WArs 1-800-432-204.5
Mailit'g Address: P.O, Box 24680, W~t Palm Beach, Fl, 33416-4680 . www.sfwmd.go"",
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Agenda Item No, 16B9
April 13, 2 0
Page 4 of 4
8
ORIGINAL
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SOUTH; FLORIDA WATER MANAGEMENT DISTRICT
, LOCAL GOVERNMENTAL AGREEMENT
SAP REFERENCE NO.
AGREEMENT NO. 4600002032
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ljOUTH FLORIDA WATER MANAGEMENT DISTRICT
BETWEEN THE
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The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the I
work set tQrih. in Exhibit "A" attached hereto and made a part hereof, subject to
,,,,""bili~ l' ''''''', "" m __~ wifu ... _~ ",,1m,"'" ,,, fu, a.-..y 'i:
Triangle Pb~e II. ~
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AND
CO,LIER COUNTY BOARD OF COUNTY COMMISSIONERS
TIllS AGREEMENT is entered into as of thc ______ __-'_______ _____-'_ by and between
the South Florida\\jater Management District (DISTRICT) and Collier County Board of County
Commissioners (COUNTY),
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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 ,tnc1ude entering into contracts with public agencies, private corporations or
other persons; and '
WHEREAS, the DISTRICT desires to provide [mancial assistance to the COUNTY to
conduct the Gatewar Triangle Phase ll; and
WHEREA.!t, the COUNTY warrants and represents that it has no obligation or
indebtedness that :~ould impair its ability to fulfill thc terms and conditions of this
AGREEMENT; and
NOW, THl!:ll.EFORE, in consideration of the covenants and representations set forth
herein and other gobd and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the.llt'lies agree as follows:
2,
The period of performance of this AGREEMENT shall commence on the date of
execution ol1this AGREEMENT and shall continue for a period of one (I) year,
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Agreement No, 4600002032 - Page I of 7
Agenda Item No, 16e9
April 13, 2o'jO
Page 5 o( 4
3, The total DISTRICT contribution shall not exceed the amount of $39,329.00, 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 herfto and made a part of this AGREEMENT, The DISTRICT's contribution
is subject tet adequate documentation to support actual expenditures within the not-to-
exceed AGJU:EMENT funding limitation of $39,329,00, In no event shall the
DISTRlCT!be liable for any contribution hereunder in excess of this amotlllt, In the
event the CQUNTY is providing a cost sharing contribution as provided for in paragraph
5 below, thelCOUNTY shall provide evidence that its minimum cost share has been met I..'.:.........'
for each in,.ice submitted. The subject cost share documentation shall be included with
each invoicf!;, If the total consideration for this AGREEMENT is subject to multi-year
funding alloc,ations, 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 u~on expenditure of the current funding, notwithstanding other provisions in
this AGREI;"MENT to the contrary, The DISTRICT will notify the COUNTY in '~.".'.:
writing afte~ the adoption of the final DISTRICT budget for each subsequent fiscal year ~
if funding is'iOot approved for this AGREEMENT,
4, The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed acc6unting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the anlOunt of fimds
expended pc;r month during the quarterly reporting period and the AGREEMENT
expenditurcs to date within the maximum not-to-exceed AGREEMENT ftmding
limitation,
5, The COUNTY shall cost share in the total amoWlt of $ 39.329.00 in conformity with the
laws and regulations governing the COUNTY
6,
All work to be performed under this AGREEMENT is set forth in Exhibit "A".
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the starus of work to date
for each task The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open 10 pcriodic review and inspection by either party, No work
sct forth in Exhibit "A" shall be performed beyond the expiration date of the contract
unless authotized throngh execution of an amendment to cover succeeding periods,
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The COVNlfY is hereby authorized to contract with third parties (subcontracts) [or
services a'wk-ded through a competitive process required by Florida Statutes, The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMEjNT without the prior w'Titten consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subco,ntract and agrees to be responsible for the payment of all monies due under
any subcontJ;act It is understood and agreed by the COUNTY that the DISTRICT shall
not be liab* to any subcontractor for any expenses or liabilities incurred under the
subcontract(~),
Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical rcports, research notes,
scientific data, computer programs, including the source and object code, which are
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Agreement No, 4600002032, Page 2 of7
Agenda Item No, 16B9
April 13, 2~ 0
Page 6 0,~4
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developed, created or otherwise originated hereunder by the other party, it~
subcontraoo:f(s), assign(s), agent(s) andlor successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMIllNT shall include the unrestricted and petpetual right to use, reproduce,
modify and, distribute such deliverables at no additional cost to the other party,
Notwithstan~ing the foregoing, ownership of all equipment and hardware purchased by
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY tpon completion of this AGREEMENT, The COUNTY shall retain all
ownership tq tangible property,
The COUNTY, to the extent permitted by law, assumes any and all risks of personal
injury, bodjW injury and ~perty ~e attributable to negligent acts or omissions of
the COUNllv and the olfieern, employees, servants and agents thereof. The COUNTY
representstbat it is self-funded for Worker's Compensation and liability insurance,
covering lllg41ily injury, personal injWY and property damage, with such protection being
applicable t9 the COUNTY,itsofflcers and employees while acting within the scope of
their emplojjment during performance of under this AGREEMENT. In the event that ,
the COUNliY subcontracts any part or all of the work hereunder to any third party, the
COUNTY $all require each and every subcontractor to identify the DISTRICT as an
additional iqsured on all insurance policies as required by the COUNTY. Any contract
awarded by the COUNTY shall include a provision whereby the COUNTY's .Il'""',,.,"'.
subcontractor agrees to indemnify, pay Oll behalf, and hold the DISTRICT harmless "
from all ctan!ages arising in connection with the COUNTY's subcontract.
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The COUNty and the DISTRICT further agree that nothing contained herein shall be
construed or! interpreted as (I) denying to either party any remedy or defense available to
such party $der the laws of the State of Florida; (2) the consent of the State of Florida or
its agents anfi agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beYfd the waiver provided in Section 768.28, Florida Statutes,
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The parties ,~o this AGREEMENT are independent entities and are not employees or
agents of th~ other parties, Nothing in this AGREEMENT shall be interpreted to
establiSh~y relationship other than that of independent entities, between the
DISTRICT. the COUNTY, their employees, agents, subcontractors or assigns, during or
after the te. of this AGREEMENT, The parties to this AGREEMENT shall not
assign, dele ate or otherwise transfer their rights and obligations as set forth in this
AGREE NT without the prior written consent of the other parties, Any attempted
assignment ip. violation of this provision shall be void.
II.
12.
The parties:to this AGREEMENT assure that no person shall be excluded on the
grounds of tilce, color, creed. national origin, handicap, age or sex, from participation in,
denied the ~enefits of, or be otherwise subjected to discrimination in any activity under
this AGRE~MENT.
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The coVNtv, its employees, subcontractors or assigns, shall comply with all applicable
federal, su+ and local laws and regulations relating to the performance of this
AGREE~NT, The DISTRICT undertakes no duty to ensure such compliance, but
will attempfjlo advise the COUNTY, upon request, as to any such laws of which it has
present knowledge,
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Agreement No, 4600002032 - Page 3 of?
Agenda Item No, 16B9
Apn113, 201 I
Page 7 of '.
Either partylmay terminate this AGREEMENT at any time for convenience upon thirty I'
(30) calendat days prior written notice to the other party, In the event of termination, all
funds not tPended by the COUNTY for authorized work performed through the
term~nation date shall be returned to the DISTRICT within SIXty (60) days of
tenntnatlOn, ~
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The COUNTY sIla1I allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptii:lrls to the requirements of Chapter 119 and related Statutes, the
burdent!f9fablishing such exemption, by way of injunctive or other relief as provided by
law. shall'berpon the COUNTY,
16,
The COUNTY shaJJ maintain records and the DISTRICT shall have inspection and audit
rights beloWj The COUNTY shall similarly require each subcontractor to maintain and
allow access~o such records for audit purposes:
A Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any selVice
rates, expeillles. 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
AGREEMJlNT,
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B. ExamilUllion of Records: The DISTRICT or designated agent shall have the right to
examine in jaccordance with generally accepted governmental auditing standards all
records dire<;tly or indirectly related to this AGREEMENT, Such examination may be
made only ",)ithin five (5) years from the expiration date of this AGREEMENT.
C. Extende4 Availabilitv of Records lor Legal Disputes: In the event that the
DISTRICT'should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance: for all records relating to the AGREEMENT until the final disposition of
the legal disputc, All such rccords shall bc made readily available to the DISTRlCf,
17.
Whenevcr the DISTRICT's contribution includes statc or federal appropriatcd funds, the
COUNTY !/pall, in addition to the inspection and audit rights set forth in paragraph 16
above, mai't.'in 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 al]d the Federal Single Audit Act, as follows:
A. Maintenance of Records; The DISTRICT shall provide the necessary infonnation to
the COUNTY as set forth in Exhibit "C", The COUNTY shall maintain all
financial/non-financial records through:
(I)
(2)
Identification of the state or federal awarding agency, as applicable
ProjllCt identification information included in the Catalog of State Financial
Assi~tance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
Audit and accountability rcquirements for state projccts as stated in thc Single
Audit Act and
(3)
Agreement No, 4600002032 - Page 4 of 7
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(4)
(5)
Agenda Item No, 16B9
April 13, 20J.. 0
Page 8 of 4
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Collier County Board of County I)
Commissioners]~
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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
Audit/accountability requirements for federal projects as imposed by federal laws
and ~egulations
Subtfiission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have, been taken with respect to audit tin dings and recommendations which may
include ons* visits and limited scope audits,
18.
All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded t~ the attention of the following individuals:
South Flori~a Water Management District
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Ann Molly Meadows, Project Manager
Attn:Palrick Wiener, Contract Specialist
Ann: Shane Cox, Project Manager
Department of Stonn Water Management
Address: 3301 Tamiami Trail E, Bldg H
Naples, 1'134112
19,
3301 Gun Clu~Road
West Palm Beach, FL 33406
Telephone No, (561) 682.6220_
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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
AGREEMI)NT and SAP Reference Numbers specitied on page one of this
AGREEMI)NT. 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 spcciticd above,
Telephooe No, (239) 252-5792-.'--.
South Floridh Water Management District
Attention: A~counts Payable
P,O, Box 24682
West Palm .aeach, Florida 33416-4682
20,
COUNTY Iecognizes that any representations. statements or negotiations made by
DISTRICT \;ta:ff do not suffice to legally bind DISTRICT in a contractual relationship
unless they jhave 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. ilieir respective assigns, and successors in interest
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This AGREEMENT may be amended. extended or renewed only with the written
approval of the parties, The DISTRICT shall be responsible for initiating any
amendments:to this AGREEMENT, if required,
21.
Agreement No, 4600002032 - Page 5 of7
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Agenda Item No, 16B9
APn113,2rT
Page 9 Of( f
This AGlU)EMENT, and any work performed hereunder, is subject to the Laws of the ,
State of Flofida. Nothing in this AGREEMENT will bind any of the partles to perform
beyond theii respective authority, nor does this AGREEMENT alter the legal rights and
remedies WhICh the respective partIes would otherwise have, under law or at equity
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Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforcealJle, as agamst any person, COUNTY or clrcwnstance during the term hereot; 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 extcnt)~
permitted by", law, 1
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24,
Failures or )Vaivers to insist on strict perfonnance 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 subsequenr obligations
strictly in accordance ....ith the terms of this AGREEMENT, No waiver shall be effective
tillless 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 !lot bt1 deemed a waiver of any other provision, No waiver shall constitute a
continuing waiver unless the writing states otherwise,
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Any dispute ,arising under this AGREEMENT which cannot be readily resolved shall be
submitted joinrly to the signatories of this AGREEMENT with cach party agreeing to
seek in goocF faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution mutually acceptable to the patties, A joint decision of the
signatories. ?r their designees, shall be the disposition of such dispute,
26,
This AGRE,\<;MENT states the entire understanding and agreement between the parties and
supersedes imy and all written or oral representations, statements. negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREE~.
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Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
follov.mg order:
(a) Tenns 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. 4600002032 - Page 6 of7
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Agenda Item No, 16B9
Apri ,
Page 10 of 14
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENt on the date first written above,
SFWMD J.OCUREMEN,. l\PPRC>vl1P
By: ~ .-y~
Dille: .'l - '-1 - :1..0/0..8-Ja-
ATTEST
DWIGHT E. BROCK, C~ERK
BY:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Carrie Hill. Interim Director of Procurement
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
By:
FRED W. COYLE,. CHAIRMAN
Name of Authorized Individual
Title: CHAIRMAN
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_<;J21
Depldy County ""-Y
Agreement No, 4600002032. Page 7 of?
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Agenda Item No, 16B9
Page 11 off
Exhibit "A"
GATEWAY TRIANGLE
PHASE II
1.0 Introduction
This is a cost share agreement between South Florida Water Management District (District) and Collie
County for the second phase of Gateway Triangle Storm water Management Area, The Gatewa
Triangle Area is a highly urbanized residential/commercial area adjaccnt to Naples Bay, Before Phase
the stormwater management facility was old, inadequate, and unable to provide relief from urb
flooding, Uncontrolled and untreated storm water runoff produced heavy loads of pollutants which we '
carried directly into Naples Bay,
Upon comPletion. of ..Phase r and with Collier County initiating a local energized communi~"i..
Redevelopment Agenc~ Phase II is ready to begin, . The County and the Community Redevelopme "
Agency have acquired ~ additional 1,58 acres of land for the further expansion of the pond,
This project is listed as;one of the Local Government Capitallmprovernent Projects listed in the Naple~
Bay, Surface Water Improvement Management Plan (plan). The plan was adopted January 2007 by thi'
District's Governing Board, The Plan calls for the District to work with local governmental partners 0
watershed master planning and implementation especially in the case of areas built prior to adoption 0.:
stormwater manageme'fl regulations (J 984), and areas of priority waterbodies, A key tool is the use of!
state funding for these' types of partnering ventures with our local partners, This project will usel
identified State Appropriations. .~
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The purpose of the Gat,eway Triangle, Phase II project is to attenuate flooding by reducing flows an1."',,"
durations of discharge1events in the Gateway Triangle Area while improving the quality of mno .
ultimately discharged to Naples Bay,
Phase I included a 2,68 acre detention pond, sheet piling, box culvert and Storm water piping to Linwood~
A vc, This phase was completed in 2008, ,
Phase II of the Pond's cbnsnuction includes three hydraulic pumps, expansion of the pond's footprint by~
1.5 acres, and two outfall points on the bay with associated piping, There will be two primary pumps l
and one back-up pump, underground pipes along Linwood Ave and Commercial Drive which lead to thei
bay south of US4l andl'lorth of Davis Blvd, j
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The portion of the project this agreement will sponsor is a portion of the stormwater pipe and/or the
partial excavation ofth~ addItional pond, This support will run out once the funding limits have been
reached, which is stated'in the Payment and Deliverable Schedule, After thc funding amount that is
stated in the Payment and Deliverable Schedule has run out Collier Counly will continue to support the
project
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Agreement # 4600002032
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Agenda Item No. 16B9
April13, .
Page 12 Ofr
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3.0 Scope of Work
Collier County shall t.e responsible for the satisfactory completion of the project, which will
explained in more detail in the work breakdown area of this statement of work.
The Gateway Trianglekrea is located just east of the City of Naples adjacent to US 41 and Davis !
Boulevard, The Trianl1le extends east for almost one mile to Airport-PuJ!ing Road, TIle stonnwater
improvement project is,himited to the west portion of the triangle area beginning at the intersection of
Dm' Blm. md US 41 ",-, '" "'" ~Mcrlill, of S"""".~ Dri~. ,
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4.0 Work Breakdown Structure
Collier County shall bl! responsible for the satisfactory completion of thc project and may retain
consultant to provide prJ>fessional services needed to complete Phase II.
Agreement # 46000020~.2
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Agenda Item No 16B9
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Collier County, or its designated consultant, as applicable, is responsible for project manageme~
budget management, qpality control, and public outreach, Collier County is responsible for reviewi
and approving deliverdhles from the consultant and meeting the project objectives. ,
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4.1 Task 1: Consll'lK>tion: 1
Collier County shall perform the fOJlOwing:~1
Task la Deliverable: A letter from COLLIER COUNTY on official letterhead with contract #, da,AI
amount ofP.ayment.re<JJu' est with a brief statement regarding status of project including pictures. InVOiJ1.',
from COLLIER COUNTY with amount requested, invoice number, and date, Back up Invoice(s) wi
include Contractor/Consultant/Vendor Invoices and/or Completion Certificate. Documentation needs t.
demonstrate the total ~OlUlt of cost share of $78,658, .
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Agreement # 4600002032
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Agenda Item No, 1689
April 13, 20i!iO
Page 14 or:~4
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This is a cost-share p,ject with funding coming from the District and Collier County, The Phase l~
component in this costF agreement totals $78,658, The District's cost share shall not exceed 50% o~
the $78,658, , ~"
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Total payment by the District shall not exceed the amount of $39,329 for this agreement scope, A'
invoices shall be accompanied by adequate documentation to demonstrate completion of each task "
accordance with the Statement of Work requirements, All deliverables submitted hereunder are subje ".~
to review and acceptane;e by the District. Acceptance that the work is technically complete and accurate!'
will be based on the judgment of the District staff. JJ'
Should the total conSideration for this AGREEMENT become subject to a multi-year fundi "
aUocation(s}, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing:
Board budgetary apPIPpriation, In the event the DISTRICT does not approve funding for an~
subsequent fiscal year~ this AGREEMENT shall terminate upon expenditure of the current funding~
notwithstanding other provisions, amendments, or extensions to this AGREEMENT. t
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Exhibit "B"
PAYMENT AND DEUVERABLES SCHEDULE
117a5k-
Deliverable -"'-.---.-. i Due Date. DISTRICT
Not-to
Exceed
Pavment U
A letter from COLLIER COUNTY 08/3012010 $39,329'-- I
r piping on official letterbead with contract #, I
partial date, amount of payment request I
of the with a brief statement regarding
pond, status of project including pictures,
Invoice from COLLIER COUNTY
with amount requested, invoice
number, and date, Back up
Invoice(s) will include
ContractorlConsultantIV endor I
Invoices andlor Completion
Certificate, Documentation needs to I
demonstrate the total amount of cost
share of $78,658, I
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Not-to Exceed Total Payment $39,329 I
Task 1:
Stormwate
andlor the
excavation
additional
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· All dates are referenced from the date of execution of this agreement and are estimated,
rO~ler Coun~''''
$39,329
$39,329
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.. The District shall only be obligated to pay for documented actual expenditures within the not-to- ~
exceed amounts specified above, In the event actual expenditures by COLLIER COUNTY are less than]
the not-to-exceed for a particular deliverable, COLLIER COUNTY shall have the right to apply the ,,'
unexpended balance towards a subsequent task, COLLIER COUNTY shall provide written notice of il
decision to exercise tbi~ right in no event shall the District's total Obligation exceed $39,329 as.
specified above. ;
".COLLIER COUNTiY shall provide evidence its minimum 50% cost share has been met for each .1
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