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Backup Documents 09/24/2013 Item #16A12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 1 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 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. * *Ntw* * ROUTING $LIP 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 routing lines # 1 through #2, complete the checklist and forward to the Coun Attomev Office Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate (Initial) Applicable) 2. 9/24/13 y Agenda Item Number 16 -A -12 3. County Attorney Office County Attorney Office SRT 9/25/13 4. BCC Office Board of County Commissioners �� Z 5. Minutes and Records Clerk of Court's Office Documents Attached o 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 Jerry Kurt , Natural Resources Phone Number 252 -5860 Contact / Department appropriate (Initial) Applicable) Agenda Date Item was 9/24/13 y Agenda Item Number 16 -A -12 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, SRT Type of Document Contract # 4600002932 SFWMD Number of Original Two Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached 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 �1vY-'iC Z INSTRUCTIONS & CHECKLIST„- I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS 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? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT 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 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 i8l mac, document or the final ne otiated contract date whichever is applicable. FW 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT si nature 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 for th Chairman's signature. `� r V e I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 From: KurtzGerald [ mailto: Gera ldKurtz(acolliergov.net] 16 Al2 Sent: Thursday, October 03, 2013 5:01 PM To: Guerra, Max Cc: Ann P. Jennejohn Subject: FW: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting) Hi Max. The NGGE Flowway funding agreement has been executed by the Collier County Board of County Commissioners. Please see below. Would you like the originals to be sent back to you or Sharman? Jerry Kurtz, P.E. _SA'Sh ,, l-1 Surface Water and Environmental Planning Manager Natural Resources Department Office Phone 239 - 252 -5860 Email: ierrvkurtz @colliergov.net From: Ann P. Jennejohn [ mailto: Ann.Jennejohn0collierclerk.com] Sent: Thursday, October 03, 2013 9:04 AM To: KurtzGerald Subject: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting) Hi Jerry, Your agreements, Item #16Al2 approved by the Board Sept. 24, w /South Florida Water Management District have been signed and I thought I'd see if you'd like me to send them to the District's office in West Palm to finish processing? We send most agreements to Sharman Rose: or would you prefer they're sent to the attention of the project manager instead? We send agreements to their office regularly, so I'd be more than happy to do it. Please let me know if that's works for you, or if you'd rather have them returned to you. Whatever you're most comfortable with @ Thank you! Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes dt 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 helpdesk0collierclerk com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Collieraerk.com domain. Ann P. Jennejohn 16 Al 2 From: Guerra, Max <mguerra @sfwmd.gov> Sent: Friday, October 04, 2013 9:37 AM To: Kurtz, Gerald; Ann P. Jennejohn Cc: Ann P. Jennejohn Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting) Jerry - Once the document is fully executed by the District a copy will be send to the project manager. Thank you both and have a great weekend as well, Max From: KurtzGerald [ mailto :GeraldKurtz @colliergov.net] Sent: Friday, October 04, 2013 9:30 AM To: Ann P. Jennejohn; Guerra, Max Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting) Thanks to both of you. I appreciate you assistance with these important documents. Max at some point I'd like a copy of the fully executed agreement. Thanks again! From: Ann P. Jennejohn [mailto: Ann .JennejohnCai)collierclerk.com] Sent: Friday, October 04, 2013 8:42 AM To: 'Guerra, Max'; KurtzGerald Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting) Sounds good, they'll be in the mail for Sharman, today. Have a great weekend! Ann From: Guerra, Max [mailto:mguerra0sfwmd.gov] Sent: Friday, October 04, 2013 8:40 AM To: Kurtz, Gerald Cc: Ann P. Jennejohn Subject: RE: SFWMD #4600002932 ( #16Al2 - Sept. 24 BCC Meeting) Hi Jerry, Please send the signed agreement to Sharman Rose. Regards, 1 County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUI TY COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 NAPLES, FLORIDA �'+ e.r NAPLES, FLORIDA 34112 -5324 34101 -3044 October 4, 2013 Ms. Sharman Rose SFWMD 3301 Gun Club Road West Palm Beach, FL 33406 16Al2 Clerk of Courts Accountant Auditor Custodian of County Funds Re: Agreement #4600002932 between SFWMD and the Board of County Commissioners of Collier County, Florida for assistance in funding the installation of 42 culverts as part of the North Golden Gate Estates Flow -way Restoration Project in Collier County Dear Ms. Rose, Attached for further processing are two original copies of the above referenced agreement, approved by the Collier County Board of County Commissioners on September 24, 2013. After the agreement(s) have been executed, please return an original copy to the Collier County Minutes and Records Department that serves as Clerk to the Board, for the Board's Official Record. I included a mailing label to facilitate processing. Upon receipt of that original I will provide a copy to designated staff within the County's Transportation Engineering Department. Thank you. DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachments (2) Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website-.www.CollierClerk.com Email- CollierClerkacollierclerk.com 16 Al2 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 t 0 G 0 -o ;.A a� 'O s rw r N P 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 16 Al2 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, October 29, 2013 2:15 PM To: Kurtz, Gerald Subject: SFWMD Agmt No. 4600002932 (9 -24 -13 Item #16Al2) Attachments: Agmt #4600002932 w_SFWMD.pdf Hi Gerry, Attached is an executed copy of Agreement No. 4600002932 w /SFWMD, approved by the Board September 24, 2013 under Agenda Item #16Al2, for North Golden Gate Estates Flowway Restoration Project No. 60127. I wasn't sure if Mr. Guerra had sent you a copy, so if you already have a copy of the signed agreement, please disregard my email. Also, if you'd like a certified "paper" copy too, just let me know, I'd be happy to send one via inter - office mail. Thank you for your help! 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) ' S 16 A 1 INVOICE REFERENCE NO. (I So S$ gl SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002932 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT I_1a BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of the OCT 2 6 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 for the Northern Golden Gate Estates flow way restoration; and WHEREAS, the Governing Board of the DISTRICT, at its September 12, 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 Northern Golden Gate Estates flow way restoration. 2. The period of performance of this AGREEMENT shall commence on October 1, 2013 and shall continue for a period of One year (1) terminating on September 30, 2014. 3. The total DISTRICT contribution shall not exceed the amount of $290,500.00. 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 the not -to- exceed AGREEMENT funding 16 Al2 limitation of $290,500.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. 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 September 30, 2014 unless authorized through execution of an amendment to cover succeeding periods. 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. Page 2 of 7, Agreement No. 4600002932 16A1L' 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 parry 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 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 parry. 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 Page 3 of 7, Agreement No. 4600002932 DO 16Al2 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 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 D�so Page 4 of 7, Agreement No. 4600002932 16Al2' 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 Attn: Max Guerra, Project Manager Attn: Sharman Rose, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No. (561) 682 -2167 Fax No. (561) 682 -5624 Email: shrose @sfwmd.gov Attn: Jerry Kurtz P.E., Manager Natural Resources Department 2800 Horseshoe Drive North Naples, FL 34104 Telephone No. (239) 252 -5860 Fax No. Email: jerrykurtz @colliergov.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 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. 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 v Page 5 of 7, Agreement No. 4600002932 16 A 12' affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 24. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding 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 28. 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. Page 6 of 7, Agreement No. 4600002932 '' 16 Al 2'a 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: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: 114 � - Dor y A. rhaw, Procurement Bureau Chief BOARD OF FLORIDA By: GEORG Title: CHAIRWOtlAN ized Individual R, ESQ. COUNTY, ATTEST W- 16 -H �' E. BftC 1 A LERK A roved as to form nd legality Bel• Scott R. Teach, Deputy County Attorney ,Attest ; : hairman's. signature only. Page 7 of 7, Agreement No. 4600002932 16Al2 EXHIBIT "A" STATEMENT OF WORK Collier County Northern Golden Gate Estates (NGGE) Flow Way Restoration Stormwater Project FY14 A. INTRODUCTION The Big Cypress Basin Board budget has earmarked funding for FYI 4 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, to improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries and to restore sea grasses, oyster reefs, and mangroves in the Naples Bay. Collier County has recently completed a comprehensive plan for restoration of the historic flow ways in a 34- square mile area of Northern Golden Gate Estates (NGGE). Another study was also developed earlier by the Collier Soil & Water Conservation District for the Horsepen Strand Conservation Area. Both of the studies were funded by DEP and BCB. The plan aims at restoring the remnant sloughs of Winchester Head, Horsepen Strand and other wetlands impaired by roads, canals and residential developments. It also laid out the preliminary feasibility of diverting additional Golden Gate Main Canal flows by spreader channels in Northern Belle Meade and eventual sheet flows to south Belle Meade through I -75 crossing culverts. This project is one component of the North Golden Gate Estates Flow way Restoration Project, which is one of the highest rated structural initiatives recommended by the County Watershed Management Plan. The Board of County Commissioners accepted the watershed management plan in December 2011. The main goal of this project is to facilitate surface water conveyance of stormwater to the low - lying areas and to enhance connectivity of low -lying areas. Current overland flow patterns efficiently direct stormwater runoff into the Basin's canal system. Redirection of surface water flows to low lying areas could reduce the burden placed on the canal system, reduce flows to Naples Bay, and provide aquifer recharge for public water supplies. This is a cost -share project with funding provided from the District and Collier County. The total estimated construction cost for the project in FY14 is $581,000. The total payment by the District shall not exceed the amount of $290,500 in dedicated Big Cypress Basin funds for this cooperative agreement. Agreement 4600002932, Exhibit "A ", Page 1 of 4 i ib Al2 B. OBJECTIVES The purpose of this agreement is to provide funding to accomplish in FY14 the construction of the first phase of this project that includes the installation of 42 equalizing culverts north and south of Oil Well Road (CR -858) within the existing Right of Way (ROW) in order to reconnect historic flow ways in the project area. C. SCOPE OF WORK The scope of this agreement includes the installation of 42 equalizing road crossing culverts within the existing Right of Way (ROW) for the interconnection of the wetland systems between the Golden Gate/Miller Canals and the Faka Union Canal. The proposed cross -drain locations considered in this scope are described in Table 1. Table 1: Proposed Crossing Culverts S __ scripti $ -- Upstream Downstrea Diamete Len Coordin Coordin m Invert r 1 RS-09 Culvert 476179 723603 15.08 15.06 18 40 2 RS -10 Culvert 476682 723603 15.08 15.06 18 40 3 RS -11 Culvert 477441 723608 15.22 15.20 18 40 4 RS -12 Culvert 477450 722289 15.21 15.19 18 40 5 RS -13 Culvert 477939 721639 14.64 14.62 18 40 6 RS -14 Culvert 479026 720327 14.66 14.64 18 40 7 RS -15 Culvert 480422 720333 15.00 14.98 24 40 8 RS -16 Culvert 476401 718981 14.73 14.71 18 40 9 RS -20 Culvert 477429 718078 14.53 14.51 18 40 10 RS -21 Culvert 479397 717690 12.75 12.73 24 40 11 RS -22 Culvert 480098 717694 12.75 12.73 24 40 12 RS -23 Culvert 475959 716346 13.51 13.49 24 40 13 RS -24 Culvert 478746 716363 11.31 11.29 24 40 14 RS -25 Culvert 475623 715020 13.21 13.19 18 40 15 RS -26 Culvert 476694 715034 13.21 13.19 18 40 16 RS -32 Culvert 478138 708447 11.64 11.62 24 40 17 RS -34 Culvert 478177 707129 10.53 10.51 24 40 18 RS -36 Culvert 477760 705762 11.08 11.06 24 40 19 RS -37 Culvert 473739 704412 11.05 11.03 24 40 20 RS -38 Culvert 476047 704427 11.20 11.18 24 40 21 RS -39 Culvert 477584 704445 11.40 11.38 24 40 22 RS -40 Culvert 477897 704446 11.40 11.38 24 40 23 RS -41 Culvert 1 473747 703089 11.10 11.08 24 40 Agreement 4600002932, Exhibit "A ", Page 2 of 4 /�1 v 16Al2 24 RS -42 Culvert 474915 703090 11.70 11.68 24 40 25 RS -43 Culvert 477598 703122 11.11 11.09 24 40 26 RS -44 Culvert 477747 703123 11.11 11.09 24 40 27 RS -45 Culvert 473931 701768 11.40 11.38 24 40 28 RS -46 Culvert 478930 701823 11.82 11.80 24 40 29 RS -49 Culvert 473563 700449 11.00 10.98 24 40 30 RS -50 Culvert 480145 700505 11.20 11.18 24 40 31 RS -52 Culvert 473520 699129 11.00 10.98 24 40 32 RS -56 Culvert 473911 697813 11.00 10.98 24 40 33 RS -57 Culvert 474415 697814 11.00 10.98 24 40 34 RS -58 Culvert 473763 696493 10.50 10.48 24 40 35 RS -59 Culvert 477632 696524 10.70 10.68 24 40 36 RS -60 Culvert 474576 695137 10.20 10.18 24 40 37 RS -64 Culvert 478877 693855 11.00 10.98 24 40 38 RS -65 Culvert 479582 692541 10.70 10.68 24 40 39 RS -77 Culvert 480245 672700 9.00 8.98 24 40 40 RS -78 Culvert 480317 671383 8.70 8.68 24 40 41 RS -79 Culvert 480346 670060 8.40 8.38 24 40 42 RS -80 Culvert 480693 668744 8.50 8.48 24 40 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. The work breakdown associated with this project is described below. 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 (NTP) with Construction Recipient shall submit to the District Project Manager an electronic submittal of the final project bid amount and/or vendor estimates and NTP for tasks to be completed in FYI 4. Due Date: Upon contract execution Agreement 4600002932, Exhibit "A ", Page 3 of 4 1bAl2' Task 2: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2013 Task 3: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2014 Task 4: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2014 Task 5: Construction - Recipient shall install 42 equalizing road crossing culverts described in Table 1. This task includes construction, engineering oversight, and project management of the construction activities as identified below, as required. Installations of 42 road crossing culverts 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 Due Date: September 30, 2014 Task 6: Reimbursement Request and Project Summary Report — Recipient shall submit to the District Project Manager the final reimbursement request package and final summary project report (Exhibit "C "). Due Date: September 30, 2014 Agreement 4600002932, Exhibit "A ", Page 4 of 4 ?_ I 16 Al2 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE • The schedule set forth below is October 1, 2013 to September 30, 2014. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager(s). 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 the Reimbursement Request Package in accordance with the schedule set forth below. The County shall submit a final reimbursement request package for payment and Exhibit "C" on or before September 30, 2014. All reimbursement request packages shall be accompanied by adequate documentation to demonstrate actual expenditures and completion of each Task in accordance with Exhibit "A ", the Statement of Work (SOW). • Reimbursement Request Package shall include, but not be limited to, a copy of the County's invoice, copies of vendor invoices (pay applications), and any other documentation supporting payment. Reimbursement Request Package shall adequately demonstrate completion of each Task in accordance with Exhibit "A ", the SOW. • The District shall only be obligated to pay for documented actual FY2014 construction4 costs within the not -to- exceed amounts specified below. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Task Deliverable(s) Invoice Date Report Due Date District No. Not -to- Exceed Pay went* Electronic submittal of final I project bid amount and/or N/A Upon Contract N/A vendor estimates and NTP for Execution tasks to be completed in FY14 2 Exhibit "C" - Quarterly Status N/A December 31, N/A Report 2013 3 Exhibit "C" - Quarterly Status N/A March 31, 2014 N/A Report 4 Exhibit "C" - Quarterly Status N/A June 30, 2014 N/A Report Agreement 4600002932, Page 1 of 2 16Al2 5 Install 42 equalizing road crossing culverts described in Table 1 Upon Task Completion N/A $290,500 Exhibit "C" - Final Summary 6 Report and Reimbursement September 30, September 30, Request Package 2014 2014 Total District/BCB Share $290,500 'Reimbursement Request Package must be submitted on or before September 30, 2014 for reimbursement. 2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the County shall submit this information as soon as it is available to the District Project Manager(s). 3 Exhibit "C" Quarterly Status Reports are due within ten (10) business days of the due date. 4 Ineligible costs include, but not limited to, permits, as- builts, videos, early completion bonus, bonds and insurance, etc. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager(s) to request one. Agreement 4600002932, Page 2 of 2 Exhibit "C" 16 Al2 Stormwater Project FYI Quarterly Status Report To comply with the Status Report requirements specified in your contract, this form shall be completed and submitted via e-mail to your South Florida Water Management District Project Manager(s). Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an understanding of project construction to date. Status Report — Quarter /Final Name of Person Completing Form Contract Number ®1 ❑ 2 ❑ 3 ❑ Final Date: 4600002932 Proposal Number Entity Name: Collier County Project Title: Northern Golden Gate Estates (NGGE) Flow way Restoration 1. Provide a brief description of project status. 2. What is the overall status of your project (check one)? ❑ On Schedule ❑ Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information Page 1 of 2 , Exhibit "C" to Agreement No. 4600002932 I Date Amount Bid Document Final Contract (with Vendor) Total Expended to Date Change Order(s) Page 1 of 2 , Exhibit "C" to Agreement No. 4600002932 I W r 0 LL Q. L � L c L g CY co u U f6 C O U N t w O m r2 t X W _C N N GJ 4! U f0 L C 0 R O C O O 4- 01 t a, O Q I co N H m D C O U P }Li H C O U 4 ;6 Al2 N cq M O O O O O z 4 N N b0 O W N 4-. O N N b0 c� a .4 d E O V C �o N 7 f0 N Y N H C C O 7\-I .\1 p OJ p o�0W���o yNj V W r-I O O 5 V O u N O HCL t 0 N U LL O C G� 0) C 00 Q. M '� N m i E Y O rq U > " La U a • v a E O O_ 0 Q O Q 'O m m t+ D O-0 O w W = LO 0J O m 4m C O Y � H H N C '- G_ _ w v �' L O 41 ♦+ ++ N Q1 O 4' Ln to cn C X ,� N I Cr E LL W v m 42 'I U U ,I U C4 "O vLOi U O c � O a t �_ L v ++ �_ -2 E H W W x W y , t W m Z U= W J Y 4 N O � Z �'-1 N M Ln l0 ;6 Al2 N cq M O O O O O z 4 N N b0 O W N 4-. O N N b0 c� a .4