Backup Documents 09/24/2013 Item #16A 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1P6 A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
*ANEW ** ROUTING, SLIP
Complete routing lines # I 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 routing lines #I through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
9/24/13 11
Agenda Item Number
16 -A -1
3. County Attorney Office
County Attorney Office
SRT
9/25/13
4. BCC Office
Board of County
Commissioners
�« y
Z�
5. Minutes and Records
Clerk of Court's Office
q
I Q lajl
3 10 ,g
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
Shane Cox, oad Maintenance
Phone Number
252 -5792
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
9/24/13 11
Agenda Item Number
16 -A -1
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
SRT
Type of Document
Contract # 4600002912 SFWMD
Number of Original
Two
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
S�axtic.
PO number or account
n/a
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
SRT
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise , evised 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?
SRT
2.
Does the document need to be sent to another agency for additional signatures? If yes,
SRT
Ir
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
SRT
S�axtic.
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
SRT
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
ft:l-
document or the final negotiated contract date whichever is applicable.
Sew
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
SRT
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
SRT
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 9/24/13 and all changes made during the
SRT
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
SRT
BCC, all changes directed by the BCC have been made, and the document is ready fo he
Chairman's signature.
V-Ves!2MP
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise , evised 11/30/12
Ann P. Jennejohn
16A1 i
From: Cox, Shane
Sent: Wednesday, October 02, 2013 3:39 PM
To: Ann P. Jennejohn
Subject: RE: Agreement #4600002912 with SFWMD
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 [mailto: Ann .JennejohnCalcollierclerk.com]
Sent: Wednesday, October 02, 2013 2:40 PM
To: CoxShane
Subject: RE: Agreement #4600002912 with SFWMD
I asked her to send one of the original copies back to our office,
I guess I assumed they'd want to keep one for their records. I also
included in my memo I would provide you a copy upon return;
I can send you a certified copy when it's returned if you want me to?
a certified one would be paper, right?
...I don't think its necessary... long as I get an electronic one that has all the signatures, at some point.
In any event, she should have the agreements by Friday.
Thanks Shane O
NO- thank YOU
Ann
From: Cox, Shane
Sent: Wednesday, October 02, 2013 2:22 PM
To: Ann P. Jennejohn
Subject: RE: Agreement #4600002912 with SFWMD
awesome!
thanks a million, Ann
do you know if she'll send them back to you or me?
R. Shane Cox, P.E.
Sr Project Manager
Roadway Stormwater and Bridge Section
Transportation Engineering Department
Growth Management Division - Capital Construction and Maintenance
1
CLERK OF
Dwight E. Brock COLLIER COUN,
Clerk of Courts 3315 TAMIAMI TRL E STE 102
NAPLES, FLORIDA
34112 -5324
October 2, 2013
Sharman Rose
Contract Specialist
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
of Collier
CIRCUIT COURT
FY C06RTHOUSE
P.O. BOX 413044
NAPLES, FLORIDA
34101-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Re: Agreement #4600002912 between the SFWMD and the Board of
County Commissioners, Collier County, Florida acknowledging
District assistance in replacing the 28th Avenue S.E. culvert on Miller Canal
Ms. Rose,
Attached for further processing are two original copies of the above agreement,
approved by the Collier County Board of County Commissioners September 24, 2013.
After the agreement (s) have been executed, please return one of the original copies
to the Collier County Minutes and Records Department that serves as Clerk to the Board,
for the Board's Official Record. I have included a mailing label to facilitate processing.
Upon our receipt of an original I will provide a copy to designated staff with the County's
Transportation Road Maintenance Department.
Thank you.
DWIGHT E. BROCK, CLERK
Ann Jen n,
Deputy Clerk
Attachments (2)
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website- www.CollierClerk.com Email- CollierClerkgcollierclerk.com
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
October 28, 2013
To Whom It May Concern
Collier County
Board Minutes & Records Department
3299 Tamiami Trail East, Suite 401
Naples, FL 34112
To Whom It May Concern:
Ground Delivery
Fedex:
Subject: Contract # 4600002912, 4600002929, 4600002932
Collier County
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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 - BCB Service Center
Ananta Nath - MSC 3510
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 334164680 • www.sfwmd.gov
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, October 29, 2013 1:47 PM
To: Cox, Shane
Subject: SFWMD Agmt (Item #16A1 from 9 -24 -13 BCC Mtg)
Attachments: Agmt #4600002912 w_SFWMD.pdf
Hi Shane,
Attached is an executed copy of Agreement No. 4600002912 w /SFWMD,
approved by the Board September 24, 2013 under Agenda Item ##16A1, for
the 28th Ave SE Bridge Replacement (Project #60123).
We'll hold the original in the Board's Official Records.
If you'd like a certified copy too, please let me know, I'd be
happy to send one via inter - office mail.
Thank you for your help and patience!
Ann Jenne john, 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)
1
''
16A1
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INVOICE REFERENCE NO. - 1 SXn E� ' 1
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO.4600002912
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of the OCT 2 8 2013 by and between the South
Florida Water Management District (DISTRICT) and Collier County (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
assist in the replacement of 28th Avenue S.E. Culvert on Miller Canal to enhance the conveyance
capacity of the canal by replacement of the existing undersized culverts; 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 August 15, 2013 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 replacement
of 28th Avenue S.E. Culvert on Miller Canal Capital Improvement Project.
2. The period of performance of this AGREEMENT shall commence on October 1, 2013
and continue for a period of 18 months, terminating on March 31, 2015.
v
16A1
3. The total DISTRICT contribution shall not exceed $575,000.00. 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 payment is a reimbursement of
actual expenditures and therefore is subject to adequate documentation to support actual
expenditures within a not -to- exceed AGREEMENT funding limitation of $575,000.00.
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.
The DISTRICT shall only be obligated to pay for documented actual expenditure of the
construction contract not -to- exceed a total amount of $575,000 notwithstanding that an
updated opinion of probable costs and accounting shall be reviewed by the DISTRICT
and the COUNTY prior to advertising the project. Should the estimated cost or actual
bid exceed the limit within this AGREEMENT; the DISTRICT may opt to defer the
project until funding is available.
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, as the implementing agency, will provide in kind services for
management related to project design and permitting, and will provide construction
management and acquire easements as needed. The COUNTY shall contribute up to
$250,000 for actual hard costs associated with consultant, procurement, land acquisition
and construction. In kind services related to design management, permit management,
land acquisition management and construction management shall not be considered for
cost sharing or reimbursement.
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 March 31, 2015 unless authorized
through execution of an amendment to cover succeeding periods.
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Page 2 of 7, Agreement No. 4600002912 `�
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7. The COUNTY is hereby authorized to subcontract with third parties for services awarded
as 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).
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.
Page 3 of 7, Agreement No. 4600002912 / d�
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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
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
Page 4 of 7, Agreement No. 4600002912 v
18.
16A1
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
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 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.
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
Attn: Ananta, Nath, Project Manager
Attn: Sharman Rose, Contract Specialist
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No. (239) 263 -7615 x7607
Email: anath@sfwmd .gov
Email: shroseP_sfwmd.gov
Attn: Shane Cox, Project Manager
2885 South Horseshoe Drive
Naples, FL 34104
Telephone No: (239) 252 -5792
Email: ShaneCoxgcolliergov.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 Invoice 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
viaemail using the email address also specified above.
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Page 5 of 7, Agreement No. 4600002912 U
16A1
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.
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 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 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
Page 6 of 7, Agreement No. 4600002912 Gv
(b)
(c)
(d)
Exhibit "A" Statement of Work
Exhibit "B" Payment and Deliverable Schedule
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all other exhibits, attachments and documents specifically incorporated herein by
reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
SFWM FFIC EL APPROVED
Date �' 3
N e: r-rp,,.,.e. Ate kW(ge ` I
SFWMD PROCUREMENT APPROVED
By:
Date: 2 �.
ATTEST
DWIGHT -t. SRO, K, CLERK
BY•`-
Attest asst.
signature onry,l b
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By: 1:. -
oro y A. Br Shaw, Procurement Bureau Chief
BOARD OF COUNTY COMMISSIO ERS, COLLIER COUNTY,
FLORIDA
By. V
Name of Authorized Individual
GEORGIA A. HILLER, ESQ.
Title: C-BAI $ 1QMAN
o e as to and )egality
Scott R. Teach, Deputy County Attorney
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Page 7 of 7, Agreement No. 4600002912 G4
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EXHIBIT "A"
STATEMENT OF WORK
Replacement of 28th Avenue S.E. Culvert on Miller Canal
Capital Improvement Project — FY 2014
A. INTRODUCTION/BACKGROUND
The existing culvert crossing on Miller Canal at the westerly terminus of 28th Avenue Southeast
off Everglades Boulevard in Northern Golden Gate Estates (Figure 1) has poor conveyance
capacity, and backs up water considerably creating high tailwater conditions for the roadside
swales during high flow conditions. The culvert consists of three 5 -foot diameter corrugated
galvanized steel pipes, 38 feet long and spaced 13' -6" on centers for a total bridge length of
approximately 32 feet. The roadway over the bridge carries two lanes of traffic with a total
pavement width of 20' -6" with 3' -1" grassed shoulders on each side. Guard rail is provided on
each side of the roadway over the bridge and headwalls and wing walls are constructed using
concrete filled rip rap bags.
The crossing is located within a 95' wide, north to south, platted drainage easement as depicted
along the west side of Golden Gate Estates (GGE) Unit 88 Plat, Plat Book 5 Page 27, due west of
the western limit of the 28th Avenue Southeast 60' wide road right of way. The road is
moderately used by the Woodlands Grade /Benton Road area residents and provides the only
reasonable access to this area. The area west of the canal is private and not publicly maintained.
In order to meet the District's need for enhancement of the conveyance capacity of Miller Canal,
and also the need for maintaining transportation access to the area residents, the replacement of
the undersized culverts by a bridge has been proposed as a joint capital improvement project by
the two agencies. This statement of work outlines the tasks of a cooperative agreement between
the District and the County for implementation of the project.
This is a cost -share project with Collier County. The County, as the implementing agency, is
providing in kind services for project design management, permitting, construction management
and land acquisition management as needed. In addition, the County will provide up to $250,000
for actual hard costs associated with consultants, land acquisition and construction. The District
is providing funds for construction of the project which is estimated at $575,000.
B. OBJECTIVE
The purpose of this agreement is to provide funding to Collier County for the construction of a
new bridge on Miller Canal at 28th Ave SE, Collier County, FL to enhance the conveyance
capacity of the canal by replacement of the existing undersized culverts at that location.
C. SCOPE OF WORK
The County will provide construction management and overall contract management, including
obtaining additional land easement (if needed) for the installation of a new bridge on Miller
Agreement 4600002912 Page 1 of 4
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16A1
Canal at 28th Ave SE, in Golden Gate Estates, Collier County, FL and the District will provide
funding for the construction project.
D. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of this project and may retain
consultants and contractors to acquire professional services for design, permitting, real estate
acquisition, and construction management of the project. The County shall be responsible for
project management, budget management, quality control and public outreach. The County shall
be responsible for construction contract bidding, awarding the contract(s), reviewing and
approving deliverables from its construction contractor(s) and consultant(s) to ensure that the
project objectives are met. The work breakdown associated with this project is described below.
Task 1:
Task 2: Design of Bridge
The County or its Engineering Consultant shall complete the process for comprehensive design
of the bridge. The design shall adhere to the current bridge specifications of the County
Transportation Engineering Department for the roads in GGE, and the traffic safety standards of
the Florida Department of Transportation. The final design shall incorporate all of the
intermediate reviews performed by a Design Review Team (DRT) of the District Engineering &
Construction Bureau.
Deliverable — Bridge Design Plans and Specifications
Task 3: Permitting
The County or its Engineering/Environmental Permitting Consultant shall continue the process
already begun for obtaining required Environmental Resource (ERP) and Right -of -Way (ROW)
permits. All applicable permits shall be obtained by the County before commencing with
construction.
Deliverable — ERP and ROW Permits
Task 4 A: Construction Contract Administration
This County shall perform overall administration of the construction bidding process needed
from solicitation through contract close out:
• Advertisement/Distribution of Bid Specifications, Bid Specification Addenda, as required
• Bid Opening, Bid Technical /Commercial Review
• Selection of Contractor(s)
• Insurance /Bond Requirements
• Contract Execution
• Issuance of Notice -to- Proceed (NTP)
Agreement 4600002912 Page 2 of 4
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The County shall submit to the District Project Manager an electronic submittal of the final
project bid, vendor estimates and NTP for tasks to be completed in FYI 4.
Task 4 B: Construction Management
This task includes construction of the bridge in accordance with approved plans, specifications
and permit requirements. The County shall assign a Construction Manager /Resident Engineer
from its own staff or an Engineering Consultant to perform oversight, and project management
of the construction activities and overall quality control and management of the project. The
primary activities will include but not limited to the following:
• Engineering Oversight and Project Management
• Revisions to design plans and specifications
• Site Visits, Inspection and Testing
• Construction Observation
• Certification of Completion
• Submission of As -Built Drawings, signed and sealed by a P.E
The County Construction Manager/ Resident Engineer shall provide a copy of the schedule/ Gant
Chart of the construction contract to the District Project Manager, and keep him abreast of the
progress made to date and issues of concern potentially affecting project performance.
Agreement 4600002912 Page 3 of 4
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FIGURE 1— Project Location
Agreement 4600002912 Page 4 of 4
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Agreement 4600002912 Page 4 of 4
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EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
Payment from the District to the County shall be done in three installments. The County
shall submit to the District Project Manager three quarterly status reports summarizing
progress made to date, issues of concern potentially affecting project performance, and
any other information pertinent to the project on the dates shown in the table below.
The County, as the implementing agency is providing services for project design and
permitting, and will provide construction management and acquire easements as needed.
The value of the County's fiscal participation shall not exceed $250,000. In kind services
of design management, permitting management, land acquisition management and
construction management shall not be considered for fiscal participation.
• 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. The District shall approve the design and bid
specifications prior to the County advertising the project.
• Payment shall be made following receipt and acceptance by the District of project
invoices in accordance with the schedule set forth above.
• All invoices shall be accompanied by adequate documentation to demonstrate completion
of each task outlined in this the Statement of Work (SOW).
• Total payment by the District for all work completed herein shall not exceed the amount
of $575,000. If the total consideration for this Agreement is subject to multi -year funding
allocations, funding for each applicable fiscal year will be subject to Governing Board
budgetary appropriation. In the event the District does not approve funding for any
subsequent fiscal year, this Agreement shall terminate upon expenditure of the current
funding, notwithstanding other provisions of this Agreement to the contrary.
* Final actual costs shall be submitted to the District prior to construction contract approval for
reconciliation.
Page 1 of 1, Exhibit "B" to Agreement No. 4600002912
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District Not -To
Deliverables
Invoice Date
Report Due Date
Exceed Payment
First Quarterly Construction
Progress Report and Invoice
08/31/14
08/31/14
$175,000.00
Second Quarterly Construction
Progress Report and Invoice
11/30/14
11/30/14
$200,000.00
Final Construction Completion
Report and Invoice
3/31/15
3/31/15
$200,000.00*
Total District
Funding *
$575,000.00*
* Final actual costs shall be submitted to the District prior to construction contract approval for
reconciliation.
Page 1 of 1, Exhibit "B" to Agreement No. 4600002912
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