Backup Documents 02/12/2013 Item #16A11ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI P16A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routine lines # 1 through #2. complete the checklist and forward to the County Attorney Office
Route to Addressees (List in routing order)
Office
Initials _
Date Y
1.
/
Agenda Item Number
Applicable)
2.
FC& t-4, 1013 V
1 6 A If
L6 A i J
3. County Attorney Office
County Attorney Office
Number of Original
Documents Attached
4. BCC Office
Board of County
ZA
number if document is
Commissioners
5
3 t k 51
5. Minutes and Records
Clerk of Court's Office
^ —
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PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Contact / Department
n
J kq �X T hS OP�a� 1'a
Phone Number
2S S yZ
2 S 2 S" 7 q Z,
Agenda Date Item was
/
Agenda Item Number
Applicable)
Approved by the BCC
FC& t-4, 1013 V
1 6 A If
L6 A i J
Type of Document
Attached
F-ulndr & reemvnt 460000-1790
Number of Original
Documents Attached
PO number or account
provide the Contact Information (Name; Agency; Address; Phone on an attached sheet.
tl 1''-
number if document is
Original document has been signed/initialed for legal sufficiency. (All documents to be
to be recorded
signed by the Chairman, with the exception of most letters, must be reviewed and signed
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
Vam-
2.
Does the document need to be sent to another agency for additional signatures? If yes,
/ ,
provide the Contact Information (Name; Agency; Address; Phone on an attached sheet.
tl 1''-
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
(�
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 3 M 1 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for th
Chairman's signature. ir'�Wj
I
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Dwight E. Brock
March 19, 2013
CLERK OF
COLLIER
3315 TAMIAMI TRL E STE 1
NAPLES, FLORIDA
34112 -5324
SFWMD
Attn: Sharman Rose
3301 Gun Club Road
West Palm Beach, FL 33406
Re: Contract /Agreement #4600002780
of Collier
CIRCUIT COURT
THOUSE
P.O. BOX 413044
NAPLES, FLORIDA
34101 -3044
w /the Collier County Board
of County Commissioners allocating Grant
Stormwater Improvements Project FY13
Dear Ms. Rose,
16A111
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Attached for further processing are two original copies of the above agreement,
approved by Collier County's Board of County Commissioners March 12, 2013.
After the agreement(s) have been executed, forward an original copy to the Collier
County Minutes and Records Department, that serves as Clerk to the Board, for the
Official Record. I have included a mailing label for processing.
Upon return of that original, our office will provide a copy to Shane Cox with the Collier
County Transportation Engineering.
Very truly yours,
Martha Vergara,
Deputy Clerk
Attachment (2)
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website- www.CollierClerk.com Email- CollierClerkgcollierclerk.com
16A1�
C� wry
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
w° ab
March 29, 2013
Mr. Shane Cox
Collier County
Growth Management Division
2885 South Horseshoe Drive
Naples, FL 34104
Dear Mr. Cox:
Subject: Contract # 4600002780 — FY13 Stormwater Improvement Project
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
(District). Should there be any questions, or if you require any additional information,
please contact me.
Sincerely,
Sharman Rose
Sr. Contract Specialist
Procurement Bureau
shrose @sfwmd.gov
(561) 682 -2167
FAX: (561) 682 -5624
/SR
Enclosure
c: Max Guerra - MSC 8322
3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1- 800 - 432 -2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov
16A11
Ann P. Jennejohn
From: CoxShane <ShaneCox @ col Iiergov.net>
Sent: Monday, April 01, 2013 4:16 PM
To: Ann P. Jennejohn
Subject: RE: #16A11 (2 -12 -13 BCC Meeting)
thank you very muchAnn!
R. Shane Cox, P.E.
Sr Project Manager
Roadway Stormwater and Bridge Section
Transportation Engineering Department
Growth Management Division - Capital Construction and Maintenance
Collier County Government
(239) 252 -5792
From: Ann P. Jennejohn [ma i Ito: Ann .Jennejohn(abcollierclerk.com]
Sent: Monday, April 01, 2013 4:02 PM
To: CoxShane
Subject: #16A11 (2 -12 -13 BCC Meeting)
Hi Shane,
Attached for your records is a fully executed copy of
SFWMD Funding Agreement 4600002780, for construction
of LASIP (Project #51101) Outfalls 3 and 4.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk @collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
16 A 11
INVOICE REFERENCE NO.1E0QQC61G9
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600002780
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
I: -►f 17
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
4the ATHIS AGREEMENT is entered into as of . by and between the South
Florida Water Management District (DISTRICT) and Bard of County Commissioners of
Collier County, Florida (COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to
conduct Stormwater Improvement Project; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT, at its November 15, 2012
meeting, approved entering into this AGREEMENT with the COUNTY.
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
availability of funds and in accordance with their respective authorities for the Naples
Manor Area storm water management improvements.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of one year.
16A11
3. The total DISTRICT contribution shall not exceed the amount of Six Hundred Thousand
Dollars and No Cents ($600,000.00). 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 $600,000. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. In the event the COUNTY is providing
a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall
provide evidence that its minimum cost share has been met for each invoice submitted.
The subject cost share documentation shall be included with each invoice. If the total
consideration for this AGREEMENT is subject to multi -year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to
Governing Board budgetary appropriation. In the event the DISTRICT does not approve
funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not -to- exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of the project 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 status of work to date
for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date of the
AGREEMENT unless authorized through execution of an amendment to cover
succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
Page 2 of 7, Agreement No. Contract No. 4600002780
. 16A1�
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical reports, research notes,
scientific data, computer programs, including the source and object code, which are
developed, created or otherwise originated hereunder by the other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership to tangible property.
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal
injury, bodily injury and property damage attributable to negligent acts or omissions of
the COUNTY and the officers, employees, servants and agents thereof. The COUNTY
represents that it is self - funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the COUNTY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the COUNTY subcontracts any part or all of the work hereunder to any third party, the
COUNTY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the COUNTY. Any contract
awarded by the COUNTY shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida or
its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race, color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this
AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but
Page 3 of 7, Agreement No. Contract No. 4600002780
16A11
will attempt to advise the COUNTY, upon request, as to any such laws of which it has
present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the COUNTY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the
burden of establishing such exemption, by way of injunctive or other relief as provided by
law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The COUNTY shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such records shall be maintained and made available
for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended Availability of Records for 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 dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C ". The COUNTY shall maintain all
financial /non - financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as
Page 4 of 7, Agreement No. Contract No. 4600002780
applicable
16A11
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial
Officer and rules of the Auditor General and the State Projects Compliance
Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which may
include onsite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District Collier County Growth Mgmt. Div
Attn: Max Guerra, Project Manager Attn: R. Shane Cox, P.E.
Attn: Sharman Rose, Contract Specialist Sr. Project Manager
3301 Gun Club Road 2885 South Horseshoe Drive
West Palm Beach, FL 33406 Naples, FL 34104
Telephone No. (561) 682 -2167 Telephone No. (239) 252 -5792
Fax No. (561) 682 -5624 Fax No. (239) 252 -8192
Email: shrose @sfwmd.gov Email: ShaneCox0lcolliereov.net
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. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties, their respective assigns, and successors in interest.
Page 5 of 7, Agreement No. Contract No. 4600002780
16Ai1
21. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, if required.
22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
24. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other parry 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 parry 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
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
26. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1— 26
(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
Page 6 of 7, Agreement No. Contract No. 4600002780
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IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENT on the date first written above.
SFWMD PROCUREMENT APPROVED
By:
Date:
ATTE"�
D Vim fit F.R�iG1tLRN
BY:
Attest as to,
signature only.'
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
, Procurement Bureau Chief A144i
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
By:
m o uthorized Individual
Title: Georgia A. Hiller, Esq., Chairwoman
A! : as t torn
Deputy County Attorney
Page 7 of 7, Agreement No. Contract No. 4600002780
16A11
EXHIBIT "A"
STATEMENT OF WORK
STORMWATER IMPROVEMENT PROJECT FY13
COLLIER COUNTY
A. INTRODUCTION
The District's Big Cypress Basin Board budget has earmarked funding for FY13 for
implementation of watershed restoration projects that benefit the Naples Bay Initiative.
The goals of the Initiative are to:
Construct stormwater treatment structures /facilities that improve polluted runoff
Improve the hydrology (quantity, timing and distribution) associated with freshwater
discharges to the estuaries
Restore sea grasses, oyster reefs, and mangroves in the Naples Bay.
This project consists of the construction of two canal segments and two outfalls ( Outfalls 3 & 4)
to provide flood protection in the Lely Manor Basin by reshaping and deepening the existing
cross section of the canal, as well as installing new piping under US 41 to directly convey the
water to Outfall 4 from Naples Manor. A large number of ROW parcels are needed.
The construction begin is scheduled for November or December 2012.
The project is a component of the Lely Area Stormwater Improvements Project (LASIP) and part
of the Naples Bay Initiative with projects addressing important water restoration and
management issues in Collier County.
LASIP will provide a comprehensive stormwater outfall system for the East Naples area, which
has experienced an increasing level of drainage related problems as growth has continued in the
area. The drainage area of LASIP consists of about 11,135 acres and two sub - basins known as
Lely Canal Basin and Lely Manor Basin systems.
Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued
development of the area has impacted flood levels as well as water quality. Available data
indicates that water quality is deteriorating and an improved water management system for the
area is urgently needed.
This is a cost -share project with funding provided from the District and Collier County. The
County's total estimated cost for the projects is $1,400,000. The total payment by the District
shall not exceed the amount of $600,000 in dedicated Big Cypress Basin funds for this
cooperative agreement.
Page 1 of 3, Exhibit "A" to Agreement No. 4600002780
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B. OBJECTIVES
The purpose of this agreement is to provide funding to accomplish in FYI the construction of
another LASIP component namely: Naples Manor Area storm water management improvements.
The project includes the construction of canal improvements and two outfalls. The project will
improve the conveyance capabilities and enhance water quality of the existing canal system
within Lely Canal Basin. The project site is located between U.S. 41 and the South Canal. The
Lely Manor Canal and the Lely Main Canal are the main conveyance drainage systems in the
Lely Canal Basin, which ultimately discharges to the estuarine coastal zone along the intra-
coastal waterway adjacent to Dollar Bay and Rookery Bay.
C. SCOPE OF WORK
The scope of this cooperative agreement includes the construction of canal improvements and
the Outfalls 3 & 4 in the Naples Manor area and will address the following:
1. Flood Protection within Naples Manor watershed. There currently are not enough
outfalls to remove storm water from Naples Manor efficiently. The proposed dual -48"
RCP under US 41 will connect to Outfall #4 and provide relief from potential flooding
during storm events. In order to accommodate this addition runoff, the existing canal
needs to be deepened approximately one -foot and widened from 10' or less to a 20' flat
bottom.
2. To provide more natural and gentle 4:1 slopes on the canal banks. This ensures that the
canal holds its shape and does not erode and wash away over time.
3. To remove trees and vegetation within the existing canal banks and within the existing
county drainage easements. Trees and vegetation can be blown over into the canal during
storm events and can block the canal. Any blockage during a storm event could cause
significant flooding in upstream areas.
4. A 12 -foot wide lime rock maintenance path is being added to the south side of the canal.
The maintenance path will allow maintenance crews legal and uninterrupted access to
provide for routine mowing and aquatic weed control which will extend the life of the
canal and prevent more costly maintenance actions in the future. Also, in times of a
hurricane or other emergency, it will allow access for large, heavy -duty maintenance
vehicles to access the entire canal.
D. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of this project and may retain a
consultant to provide the professional services needed to assist the County during construction.
The County shall be responsible for project management, budget management and quality
control and public outreach. The County shall be responsible for reviewing and approving
deliverables from its construction contractor(s) and consultant(s) to ensure that the project
objectives are met.
Page 2 of 3, Exhibit "A" to Agreement No. 4600002780
16A11
NAPLES MANOR — CANAL IMPROVEMENTS AND OUTFALLS 3 AND 4
Task 1: Construction Bidding
This includes completion of the construction bidding process needed through issuance of the
Notice -to- Proceed with construction:
• Advertising/Distribution of Bid Specifications, Bid Specification Addendums, as required
• Bid Opening, Bid Technical /Commercial Review
• Selection of Contractor(s)
• Insurance Requirements
• Issuance of Notice -to- Proceed with Construction
Deliverable: Notice -to- Proceed with Construction
Task 2: Mobilization and Clearing
• Obtain schedule from Contractor
• Obtain Work Plan from Contractor
• Complete vegetative clearing along bank
Deliverables: Copies of Contractor's schedule and Work Plan
Task 3: Construction
This includes construction, engineering oversight, and project management of the construction
activities as identified below, as required.
• Construction of the stormwater improvements in accordance with approved plans,
specifications and permit requirements
• Other construction activities that are directly and appropriately associated with achieving
the project objectives or completing the project scope
• Engineering Oversight and Project Management
• Addendums or revisions to design plans and specifications
• Site Visits, Inspection and Testing
• Construction Observation
• Certification of Completion
Deliverables: Certification of Completion of Construction
Page 3 of 3, Exhibit "A" to Agreement No. 4600002780
16A11
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
If the total consideration for this AGREEMENT is subject to multi -year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board
budgetary appropriation. In the event the DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this AGREEMENT to the contrary.
• A summary deliverable and payment schedule associated with this project is set forth
below including specific deliverables associated with each task and due dates for all
deliverables.
• All deliverables submitted hereunder are subject to review and acceptance by the District.
• Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
• Payment shall be made following receipt and acceptance by the District of project
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.
1. Construction Bidding
2. Mobilization and Clearing
3. Construction of Canal
Improvements and Outfalls 3 & 4
Notice to Proceed
Contractor's schedule
and Work Plan
Certification of September
Completion 2013 $600,000.00
Total District/BCB Share 1 $600,000.00
A payment not to exceed $600,000.00 will be paid to Collier County upon completion of the
Task.
* The District shall only be obligated to pay for documented actual expenditures within the not-
to- exceed amounts specified above.
Page 1 of 1, Exhibit `B" to Agreement No. 4600002780
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