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Backup Documents 02/10/2009 Item #16B 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). 16B 4 Route to Addressee(s) Office Initials Date (List in rOllting order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Rccords Clerk of Courts Omce PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthc addressees <loove, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCe Chairman's signature arc to be delivered to the BCe office only after the Bee has acted to approve the item) Name of Primary Staff Brandy Otero Phone Number 252-5859 Contact Agenda Date Item was 2/1 0/09 Agenda Item Number 16B4 Approved by the BeC Type of Document Work Order Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sumciency. (All documents to be signed by the ehainnan, with the exception of most letters. must be reviewed and signed $J by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BeC Chainnan and Clerk to the Board and possihly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the Bec Chairman and the Clerk to the Board 3. The Chainnan's signature line dale has been entered as the date of Bce approval of the N/A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's BftjJ signature and initials are required. 5. In most cases (some contracts arc an exception), the original document and this routing slip B~O should be provided to Sue Filson in the Bee office within 24 hours of Bec approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware ofvour deadlinest 6. The document was approved by the BCC on . 2/1 0/09__ 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. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04 16a 4 MEMORANDUM Date: February 11,2009 To: Brandy Otero, Operations Analyst Trans/Stormwater Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Work Order: Contract #05-3657 - Lely Area Stormwater Improvement Project (LASIP) Lely Main Canal (East - West) Phase Attached please find one (1) copy of the document referenced above, (Agenda Item #16B4), which was approved by the Board of County Commissioners on Tuesday, February 10, 2009. Please forward a fully executed original to our office to be kept as part of Board's permanent record. If you have any questions, please call me at 252-7240. Thank you. Enclosure 168 4 ('112. I007~c.j / ( R'ID[-4o~qd- WORK ORDER # Under Contract # 05-3657 Agreement for Project Management Oversight Services This Work Order is for Project Management Ovcrsight Services for Collier County, (Contract # 05-3657) for work known as Project Assistance LelY- Area Stormwatcr Improvement Proiect (LASIP) Lelv Main Canal (East -West) Phase. The work is spccified in the proposal dated December 12, 2008, which is attached hereto and made a part of this Work Order. In accordance with the Terms and . Conditions of the Agreement referenced above, Work Order # _________________ is assigned to URS, Inc. Scope of Work: Task 1. Project planning and control (Program Manager) Task 2. Final Design, Permitting, bidding, and construction phase (contract) assistance (Senior Project Manager) Task 3. Minor ficld engineering interpretation I assistance (Senior Engineer) Task 4. Construction activities oversight, field inspection (Inspector II) Task 5. Clerical (Document Control Clerk) Task 6. Reimbursables This scope includes design assistance, field inspection, contract interpretation and management, and facilitation of information cxchange between contractor and engineer. This Work Order is to help complete thc design phase, and to entcr and complete thc construction phase of the Lely Main Canal (E- W) portion of LAS1P. More detail and explanation can be found in the attached proposal. Schedule of Work: Complete all work as directed within 550 davs (-18 months) of receipt of the "Notice to Proceed" which will contain a Collier County purchase order number. . Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated T&M amount provided below (use the cstablished hourly ratc(s) as enumerated in Schedule "A" of thc Agreement). Task I. 2. 3. 4. 5. 6. Type T&M T&M T&M T&M T&M Reimbursables Cost $ 20,790 $ 147,420 $ 3,680 $ 39.000 $ 12,600 $ 500 Not-to-exceed TOTAL $223,990 Any change within monetary authority of this Work Ordcr made subsequent to final . department approval will be considered an additional scryice and charged according to Schedule "A" of the Agreement. PREPARED BY: Shane Cox P.E. Senior Project Manager Storm water Managcment Section . REVIEWED BY: pJ 11, /~ Jerry Kurtz, P.E., Principle Project Managcr Stormwater Management Section REVIEWED BY: o Vliet, Director oad Maintenance Department AFPROVED BY: . ,W l/g(Or ~:~ J n Feder, Administrator sportalion Services Division ACCEPTED BY: URS [nc Co~Nal1l~ ,<C ". ,-'" /-/) ~ / /rud C;;;~~Y Off;~~r Michael Nardone, PG - Vice President Type or Print Name and Tille \,,' ~)u;_j.o' <, t/ ATTEST .' . DWlGhfI' e;'SItOC :. ~./ _c ""',1.,: . ' 16a 4 /~ 1/&/(/1 , Date /10 7 /r, C[~- ~ ~#'l Date 12/29/2008 Date BOliRD OF COUNTY COLLIER CO TY, I i COMMISSIONERS, FLORIDA d- . By: "I DONNA FIALA, CHAIRMAN BY~ ..... ,,'fe'- '~t..." ......... ....,~t . _tw:~'. ~__I..!,."",."", - t . ~!/ t2/~ . _ ,1:1 , AltU14) . 168 4 URS R. Shane Cox Senior Project Manager Stormwater Management Department Collier County 2885 South Horseshoe Drive Naples, Florida 34104 December 12, 2008 RE: Project Management & Construction Oversight Services Cost Proposal for Lely Main Canal Project Number 511011 . Dear Mr. Cox: Per you request. URS Corporation is pleased to provide Collier County with a cost proposal for Project Management and Oversight Services at the above referenced projects. Our fee proposal is based on providing the services described below, on a Time & Material basis, in accordance with our PMOS Contract, No: 05-3657 and in response to the County's recent specific Request for Proposal. In accordance with our previous submittal. URS shall be responsible for administering the County's contracts with the Design Professionals and Contractor and shall provide professional support in areas such as but not limited to, contract scoping, plan reviews, scheduling. scheduling reviews. budgeting, evaluation of completeness of submittals, payment submittals, etc.. as would be typical for management of any project of this magnitude. Using reasonable care and skill consistent with Professional Standards. URS shall review or coordinate reviews of all documents. including but not limited to. the contract agreements and scope of services with Design Professionals, for completeness and potential conflicts and ambiguities and in accordance with the County's guidance shall direct any necessary corrections or revisions pursuant to its review of said documents. but not limited to, errors or deficiencies in cost estimates, selection of materials, systems and equipment. construction administration and other services. . URS shall provide complete documentation and control of documents to effect timely performance by all entities and in support for defense of claims and litigation. URS shall establish and maintain files of documents. letters, reports. plans. memos. field directives. change orders. clarifications, meeting minutes, etc. pertinent to the project and shall provide the County with a copy of applicable Program correspondence for the County to file in its filing system. Detailed Scope of Work Design Phase Project Management . Administer existing Design Contract . Serve as Primary Point of Contact . Coordinate and/or Attend o Design Project Analysis Meetings to Identify and or Define C:\My Documenls\Collicr\Lely Main Canul\URS Proposal\l~-1 ~-()H Lely Main_CM Proposal.doc 16a 4 . . Project Objectives . Budgets . Schedule Constraints . Required Scope of Services o Monthly status and or progress of design meetings . Review of design documents relative to o Constructability o Conflict with utility o Value Engineering o Construction sequencing, and o Bid format at 60 and 90% . Resolve, with the County's guidance. design decisions . Review Engineer's submitted probable cost estimates . Provide cost analysis and recommendations . Distribute to County representatives for review and comments as required . Review and recommend monthly invoices from the Engineering Consultant Permitting Assistance . . Assist the Engineer's efforts to obtain approvals and permits from agencies having jurisdiction over the work . Accompany the Engineer and / or County to meetings with Regulatory Agencies . Track and monitor the progress of preparation. reviews and issuance of permits Bid Services . Coordinate submittal of Bid Package with the County's Purchasing Department . Attend and participate in pre-bid conferences . Review and distribute questions from prospective bidders and their responses from the Engineer . Review contract document addenda provided prior to issuance . Verify bids are responsible and responsive . Assist County with correspondence recommending award Construction Management and Oversight . . Coordinate and attend pre-construction conferences . Serve as Primary Point of Contact . Coordinate and chair bi-monthly construction progress meetings . Review/Track/Monitor status of o construction progress o shop drawing submittals o requests for technical clarifications/interpretations (RFls) and their responses o respond to RFls that do not require technical interpretations o requests for changes to construction cost and or time . Review and comment on the contractor's schedule . Update the Master Schedule . Processing of Applications for Progress Payments o Together with the Engineer CIMy Documents\Cllllicr\Lcly Main Canal\lJRS Propnsal\12-12-0H Lely Main_eM ProposaL doc 16a 4 . . Verify that the work has progressed to the point indicated . Verify that the work is in substantial accordance with the contract documents . Verify that the contractor is entitled to the payment in the recommended amount . Verify that the Engineer has properly Certified the Request for Payment . Verify that all required backup documentation is included, such as: . subcontractor and contractor Releases of Lien . Bonding Company's Consent of Payment . Revise Progress Schedule . Recommend payment . Conduct on-site observations of work in progress to assist in determining if the provisions of the contract documents and permitting conditions are being fulfilled . Report. promptly by telephone and follow up in writing. whenever it is believed that work is unsatisfactory, faulty or defective . Report. promptly by telephone and follow up in writing. whenever it is believed that a hazardous condition exists . Maintain a log of the work performed which includes . When the contractor is on the job site . The number and type of crews working . Equipment on site . Weather conditions . Changed conditions . List of visitors . Drilling and testing activities . General observations . Specific observations . Observed testing procedures . Significant problems during construction activities . Verify that tests, equipment and systems start up are conducted in the presence of appropriate personnel . Verify that the contractor maintains adequate records . Provide photographic record of construction . Observe materials and workmanship for compliance with Contract requirements . Report, in writing. any deviation from the contract document . Coordinate the sampling and testing of materials to be performed by independent testing laboratories . Monitor that record drawing mark-ups are properly maintained . Project closeout . Confirm project completion with appropriate agencies . Verify issuance of Certificate of Occupancy/Completion . Coordinate and attend Substantial Completion Walk through . Assist the Engineer with development of a "punch list" identifying the items that must be completed prior to Final Acceptance . Confirm that punch list items are completed . Coordinate a final review of finished items . Provide recommendation of acceptance of the project . Collect all necessary documentation to close the project/contract . Release of Lien waivers C:\My DoculTIents\Cnllier\I.e1y Main Canal\llRS I'rnpnsal\12-1 2-US Lely Main_('M Proposal.doc . 16a 4 . . Contractor's Final Affidavit . Close-out change orders . Surety's Final Consent . Review and recommend Final Payment . Provide contractor evaluation . Assist the County with coordination of warranty work (not to exceed the completion date of the agreement) . Transmit all Project/Program related files to the County Record keeping/Document Control . Maintain all design. permitting. and construction related correspondence. Our fee breakdown for these services is as follows: . Total Hours Rate Fee Program Manager 126 $ 165.00 $ 20.790.00 Senior Proiect Manaoer 1092 $ 135.00 $ 147,420.00 Senior Enaineer 32 $ 115.00 $ 3,680.00 Inspector II 600 $ 65.00 $ 39.000.00 Document Control Clerk 252 $ 50.00 $ 12,600.00 Reimbursable: May include prints. copies. 1 $ 500.00 $ 500.00 computer plots. courier services. etc. Total T&M Fee $ 223,990.00 We appreciate the opportunity to serve you. Shouid you have any questions regarding this proposai or should you require additional clarifications. please feel free to contact me directly at (786) 229-7398. Sincerely, . Nestor Fernandez Assistant Project Director URS Corporation 7650 Corporate Center Drive, Suite 401 Miami, Florida 33126 (':\My Documents\Collier\Ldy Main Canal\lJRS Prorosal\!2-1 2-0K Lel:y Main_C"M Propo~l.d()c . . . 168 4 Office: 305.884.8900 Cellular: 786.229.7398 Fax: 305.884.2665 Direct: 305.514.2472 C:\My Documents\Collicr\J.c1y Main Canal\lJRS Proposal\12-12-0X Lely Main_CM Proposal.doc 168 4 Martha S. Vergara From: Sent: To: Subject: Teresa l. Polaski Wednesday, February 18, 2009 11 :50 AM Martha S. Vergara Item #1684 from 2/10/09 Caroline Soto called on Wed. the 18th regarding this item. You needed a work order #. All she said they used now were the P.O. #'s. #4500104959. Any questions, she said to call her at 252-6932. She will be out until Wed the 25th. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Deportment 239-252-8411 239-252-8408 fax (Teresa. Po laski@collierclerk.com) 1 168 4 MEMORANDUM Date: March 5, 2009 To: Martha Vergara, Deputy Clerk Minutes and Records Department From: Brandy Otero, Operations Analyst Trans/Stormwater Management Re: Agreement # 4600001684 Collier County and South Florida Water Management Attached please find a fully executed original agreement, as requested, to be kept as part of the Board's permanent record. The agreement was approved by the Board of County Commissioners on Tuesday, February 10, 2009. Please contact me if you have any questions at 252-5859. Thanks. s 168 ORIGINAL 4 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600001684 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the fEa 2 7 2009 by and between the South Florida Water Management District (DISTRICT) and Collier County (COUNTY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for the construction of storm water management systems at 3 sites; 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 January 13, 2009 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: I. 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 (l) construction of Phase 1 B North of the Lcly Main Canal (between Rattlesnake - Hammock Road and US41); (2) completion of construction of Phase II of the Gateway Triangle; and (3) construction of Pump Station & Wetland Creation at the Gordon River Water Quality Park. Agreement No. 4600001684 - Page 1 or7 168 4 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period ofTen (10) Months. 3. The total DISTRICT contribution shall not exceed the amount of One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00). The DISTRICT will provide the full amount based on 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 noHo-exceed AGREEMENT funding limitation of $1 ,500,000.00. 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-exeeed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total approximate amount of One Million Five Hundred Thousand Dollars and No Cents ($1,500,OOO.00} in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the 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, 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 subeontractor 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, Agreement No. 4600001684 - Page 2 of? 168 4 scientific data, eomputer programs, including the source and object eode, 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 (I) 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. II. 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 ofrace, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 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. Agreement No. 4600001684 - Page 3 of? 168 4 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 governrnental 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 reeords 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 aceess 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 county, 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 Agreement No. 4600001684. Page 4 of? 168 4 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 county, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding county 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 Stormwater Department Attn: Max Guerra, Project Manager Telephone No. (239) 597-1505 ext. 7612 Attn: Jerry Kurtz, P.E. Principal Project Manager Telephone No. (239) 213-5860 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682.2532 Address: 2885 Horseshoe Drive South Naples, FL 34104 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Invoices shall be sent to the attention of Accounts Payable at the District's address above. 19. 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. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. 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. Agreement No. 460000t684. Page 5 of? 168 4 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, county 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. 23. 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. 24. 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. 25. 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. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs I ~ 24 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference THIS SP ACE INTENTIONALLY LEFT BLANK. Agreement No. 4600001684. Page 6 of? 168 4 IN WITNESS WHEREOF. the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DtSTRICT BY ITS GOVERNING BOARD ~. ...v-7 . ..' .. .' <<'1;,- fW~.-' /~,? <<:.F c:?'....../_.. /?"~.e4':.e.>" '<..-- ..,,;i?:;.r___'Ht!/' ._/c....'J~__- j_,:::;';'_~, - ,,' / Frank Hayden, Director of Procurement rfh-- ::~:~en54:~ Date _~~\ mm_ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER CO Y. FLORIDA By: . Donna Fiala, Chairman ATTEST: "-'.- Dwight E. Brock,Clerk By: " Oeputy Glerk, . AttItt tI tg j;Mhwte , "INt... OIl,. Approve . s to form and legaj sufficiency: By: 4.e...-iL- Sc R. each, Deputy County Attorney 1lem#1..l.e.b..!:L AgendaJ '101 oq Date ~ ~d 6/~~9 _'0' ,l JJJ~1$ Oepyly- II Agreement No. 4600001684 . Page 7 of? 168 4 EXIDBIT "A" STATEMENT OF WORK COLLIER COUNTY STORMW A TER IMPROVEMENT PROJECTS FY09 A. INTRODUCTION The Big Cypress Basin Board budget has earmarked funding for FY09 for implementation of watershed restoration projects that benefit the Naples Bay Initiative. Under this Initiative are three projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: Construct stormwater treatment structures/facilities that improve polluted runoff and Improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries and . Restore sea grasses, oyster reefs, and mangroves in the Naples Bay. This Statement of Work identifies the location of the three stormwater improvement projects for Collier County: PROJECT #1: LEL Y MAIN CANAL-CONSTRUCTION PHASE] B NORTH (BETWEEN RATTE SNAKE-HAMMOCK ROAD AND US 4]) This project is a component of the Lely Area Stormwater Improvements Project known as LASIP. The LASIP will provide a comprehensive stormwater outfall system for this area of East Naples, which has experienced an increased level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and consists of two sub.basins known as the Lely Canal Basin system and the Lely Manor Basin system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. 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 generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area is developed The Lely Main between US41 and Rattlesnake Hammock Road is a portion of LASIP that is estimated to cost $3,192, 491. The District's cost share amount shall not exceed 50% of the combined total project cost and in no event shall the District's total obligation exceed $1,000,000 (Ad Valorem funding). The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. PROJECT #2: GATEWAY TRIANGLE COMPLETION OF CONSTRUCTION OF PHASE II The Gateway Triangle is a highly urbanized residential/commercial area adjacent to Naples Bay. The existing stormwater management facility is old, inadequate, and unable to provide relief from urban flooding. Uncontrolled/untreated stormwater runoff continues to carry heavy loads of pollutants directly into Naples Bay. In 200 I, the District and Collier County sponsored a stormwater retrofit project Page t of 8, Agreement 4600001684 168 4 involving the installation of an outlet control and backflow prevention valves, but much more needs to be done. The Gateway Triangle project will provide additional water quality improvements by draining a large portion of the area to a detention pond for treatment, as well as by increasing discharge rates to reduce flooding with help of a pump station. The pond will normally discharge per gravity to the US41 stormwater system as it does currently. If the inflow to the pond exceeds the rate of gravity discharge, the water surface in the pond will rise to a level (2.25' NGVD) that will activate one of three pumps. Should the level in the pond continue to rise to a higher stage a second pump will be turned on. A third pump will act as a back-up. These pumps will discharge to other outfall points: the Palm Street ditch to the west, and the Brookside Drive canal to the north. When the overall project is completed, the design is intended to produce a system that will attenuate stormwater such that, following the 10.yr storm, roads will drain in a matter of hours as opposed to days as it does now. The area is tidal and so during periods of higher tides, absolute drainage typically is unachievable. This is a cost-share project with funding coming from the District and Collier County. The project is expected to cost approximately $3.5 to $4.5 million. The District's share will be $200,000 (Ad Valorem funding). Collier County's share will be the balance. In no event shall the District's total obligation exceed $200,000 as specified above. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources PROJECT #3: GORDON RIVER WATER QUALITY PARK CONSTRUCTION OF PUMP STATION & WETLAND CREATION Collier County is currently constructing the Gordon River Water Quality Park (aks Freedom Park) which is a water quality treatment park that will help "Save the Naples Bay" from harmful pollutants and alleviate flooding problems in surrounding areas. The park will also provide a number of passive, recreational, habitat protection, and educational uses. The proposed site is a 50 acre parcel of County owned property located on the northeast comer of Goodlette.Frank Road and Golden Gate Parkway. The stormwater run.off within this watershed discharges directly into the Gordon River, proceeds to Naples Bay and ultimately makes its way to the Gulf of Mexico. For more than three decades, the Naples Bay has been subjected to increased pollution as a result of extensive land development in Collier County. The development has also caused a risc in the volume of stormwater runoff, which has led to the flooding of certain areas within the Gordon River Basin. Land development growth continues to present major challenges to the existing Collier County stormwater network and requires innovative solutions and improvements to the system in order to accommodate the needs within the region. The Gordon River Water Quality Park will provide flooding relief and treatment of stormwater runoff from the Gordon River Extension Basin. The project combines wetland and upland habitats, trails, boardwalks, educational facilities, and extensive native landscape within a passive park setting that will intrigue and educate nature enthusiasts. This is a cost.share project with funding coming from the District and Collier County. The estimated cost for FY09 of the project is $ I ,200,000. Total payment by the District shall not exceed the amount of $300,000 (Ad Valorem funding) for this cooperative agreement. Page 201'8. Agreement4600001684 168 4. B. OBJECTIVES The purpose ofthis Statement of Work is to provide funding for the construction of the following projects: . The project will help to mitigate flooding by providing enhanced conveyance capabilities and improving water quality in the East Naples/Lely Area. . Gateway Triangle Phase II, this project will attenuate flooding by reducing flows and durations of water events in the Gateway Triangle Area while improving water quality of runoff ultimately discharged to Naples Bay. . Water Quality Park, the project will involve the creation of wetland littoral zones and construction of stormwater facilities to provide attenuation and treatment for flows discharging into the Gordon River and Naples Bay. Approximately 15 acres of newly constructed wetlands will be created for the water quality portion of the lakes and cascading pond system C. SCOPE OF WORK 1. LEL Y MAIN CANAL - PHASE 1B NORTH (BETWEEN RA TTESNAKE- HAMMOCK ROAD AND US 41) Collier County shall construct the Lely Main Portion of LASIP between US41 and Rattlesnake Hammock Road. This project consists of construction of the channel to the designed cross section with gabions on the banks, increasing the flow capacity. It is a continuation of the construction in 2007 of the Lely Branch Canal that feeds into the Lely Main. As part of its cost share, Collier County developed the design and obtained the necessary permits for this project. The necessary SFWMD and USCOE permits have been issued for this portion of the project. This Statement of Work provides support for the construction and construction management of the stormwater management system improvements associated with LASIP. This project is intended to correct the serious drainage problems within this portion of East Naples. Land use within the basin consists of I) modern developments, which incorporate improved water management systems consistent with current design requirements, and 2) older existing neighborhoods that were developed before water management systcms were required. The latter areas provide little if any water quality improvements for storn1water runoff. Thus, the stormwater management problems are twofold: flooding due to low elevation and poor water quality treatment of the stormwater runoff before it flows to its outfall. 2. GA TEW A Y TRIANGLE - COMPLETION OF CONSTRUCTION OF PHASE II. Collier County shall complete the construction of Phase II, which consists of: additional portion to the detention pond, remaining inflow and discharge piping, and catch basins and other necessary structures. The Environmental Resource Permit (ERP) issued by South Florida Water Management District was issued June 21, 2006. Page 3 of 8, Agreement 4600001684 168 4 3. GORDON RIVER WATER QUALITY PARK - CONSTRUCTION OF STORMA WATER FACILITIES & WETLAND CREATION Collier County shall construct the stormwater facilities and create the wetland area. The scope of work includes all labor, materials, supervision, equipment, supplies, tools, services, and all other incidentals required to perform all constructed created wetlands work covered by this proposed contract. 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. TASK 1: LEL Y MAIN CANAL PHASE 1B NORTH - (BETWEEN RA TTESNAKE- HAMMOCK ROAD AND US 41) A. Construction Bidding This includes completion of the construction bidding process needed through issuance of the Notice-to. Proceed with construction: . AdvertisinglDistribution of Bid Specifications, Bid Specification Addendums, as required . Bid Opening, Bid Technical/Commercial Review . Selection ofContractor(s) . Insurance Requirements . Issuance of Notice-to-Proceed with Construction Deliverable: Notice.to.Proceed with Construction B. Mobilization and Clearing . Obtain schedule from Contractor . Obtain Work Plan from Contractor . Complete vegetative clearing along bank . Develop and implement power pole relocation plan Deliverables: Copies of Contractor's schedule and Work Plan C. Construction This includes construction, engineering oversight, and project management of the construction activities as identified below, as required. . Construction of the channel 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 including re-configuring the Collier County Wastewater facilities in that area that presently run underneath the channel . Engineering Oversight and Project Management . Addendums or revisions to design plans and specifications . Site Visits, Inspection and Testing . Construction Observation Page 4 of 8, Agreement 4600001684 16B 4 . Certification of50% Completion Deliverables: Certification of 50% Completion of Construction TASK 2: GATEWAY TRIANGLE - COMPLETION OF CONSTRUCTION OF PHASE II. A. Construction Bidding This includes completion of the construction bidding process needed through issuance of the Notice-to- Proceed with construction. . Bidding . Advertising/Distribution of Bid Specifications Bid Specification Addendums, as required . Bid Opening . Bid Technical/Commercial Review . Selection ofContractor(s) . Authorization ofContractor(s) Insurance Requirements . Issuance of Notice-to-Proceed with Construction Deliverable: Notice.to.Proceed with Construction B. Mobilization and Clearing . Obtain schedule from Contractor . Obtain Work Plan from Contractor . Complete vegetative clearing along bank . Develop and implement power pole relocation plan Deliverables: Contractor's schedule and Work Plan C. Construction This includes construction, engineering oversight, and project management of the construction activities as identified below, as required. Construction of Phase II of the Gateway Triangle Stormwater Management System 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 including public outreach Engineering Oversight and Project Management . Addendums or revisions to design plans and specifications . Site Visits Inspection and Testing . Construction Observation . Final Certification Page 5 of 8. Agreement 4600001684 168 4 Deliverables: Certification of 50% Completion Construction of Phase II TASK 3: GORDON RIVER WATER QUALITY PARK - CONSTRUCTION OF STORMA WATER FACILITIES & WETLAND CREATION A. 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 B. Installation of Pump Station at the Gordon River The installation of a pump and HDPE pipe to transfer water from the Gordon River to the created wetlands for water quality improvement will be constructed. Once permitting is complete, the installation will commence. C. Landscaping The park will include Florida native species to promote the natural environment and promote wildlife utilization. All wetland areas will be planted with wetland species and upland areas will be planted with low maintenance species to promote water conservation. Deliverables: Certification of 50% Completion of Construction Page 6 of 8, Agreement 4600001684 168 4 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. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with the Statement of Work requirements. 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. . 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. (A) Construction Bidding (B) Mobilization and Clearing Contractor's 6 months schedule and Work Plan Certification of 50% 8 months Construction Completion $500,000 (C) Construction of LASIP phase 18 north (Lely main between Rat.Ham and US41) Task 1 Total SFWMDIBCB Share $1,000,000 Page 7 of 8, Agreement 4600001684 16B 1+ Notice to Proceed 3 months (A) Construction Bidding (B) Mobilization Contractor's 6 months schedule and Work Plan Certification of 50% 6 months Construction Completion $200,0(JO (C) Construction Task2 Total SFWMD/BCB Share S200,OOO (A) Bidding of Construction Notice to Proceed 3 months (B) Pump Station Certification of 50% 6 months Construction Completion Certification of 50% 6 months Construction Completion $20(J,(JOO (C) Landscaping $IO(J,O(JO Task 3 Total SFWMDfBCB Share S300,000 * All dates are referenced from the date of execution of this agreement and are estimated. ** The District shall only be obligated to pay for documented actual expenditures within the not.to- exceed amounts specified above. PO Number So Reference on III Invoices ,. l' "'.)~ \ '1' S"t)()CO '3;)\ S" lI' -r",,,\~ ~ 'Y'Soooo3;lo~ 'I- i'q.~1c.. 3. 9Sooo3.J Iv Page 8 of 8. Agreement 4600001684