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Agenda 01/15/2008 Item #16B14 Agenda Item No. 16814 January 15, 2008 Page 1 of 33 EXECUTIVE SUMMARY Recommendation to approve three (3) funding agreements with the South Florida Water Management District for a. total amount of $1,500,000 providing assistance with construction of threc (3) Stormwater Improvement Projects. OBJECTIVE: To receive approval of the South Florida Water Management District Funding Agreements (SFWMD) No. 4600001219 in the amount of $1,000,000.00. No. 4600001224 in the amount of $300,000.00 and No. 4600000627-A01 in the amount of $200,000.00 for a total of $1,500,000.00 providing funding assistance Jill' the LASIP Royal Wood Lake Interconnects project, Freedom Park (aka Gordon River Water Quality Park) and the Gateway Triangle Storl1lwater Improvement Project Construction of Phase I, respectively. CONSIDERATIONS: On December 14, 2007, the Board of the Big Cypress Basin of the Soutb Florida Water Management District iSFWMD) approved entering into a cooperative agreement with Collier County for the following storrnwater improvemenl projects: $1,000.000.00 to partially fund construction of the Royal Wood Lake Interconnects, a portion of LASH' iProject No. 5110 II), $300,000.00 to partially fund construction of the Freedom Park (aka Gordon River Waler Quality Park) (Project No. 510185) and $2011,000.00 to partially fund conslruction .)rlhe Gateway Triangle St0l111water Improvement Project Construction of Phase I (Project No. 51803 i). The purpose of the LASIP project is to provide a comprehensive stormwater outbll system lilr the area ~. of East Naples, which bas experienced an increasing level of drainage related problems as growth has continued in the area. The drainage arca of LA SIP consists of about 11,135 acres and consists of two sub-basins known as tbe 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. The purpose of the Freedom Park (aka Gordon River Quality Park Project) is to develop a stol111water management facility that incorporates flood protection, water quality treatment and passive recreation. The project will involve the creation of new functional wetland littoral zones and storm water facilities to provide attenuation and treatment for flows discharging into the Gordon River and Naples Bay. The purpose of the Gateway Triangle Improvements project is to reduce flooding by decreasing peak flows and duration resulting from storm events in tbe Gateway Triangle Area while improving water quality, and groundwater recharge. The elements of the plan consist of combinations of several management actions that include creation of a large detention pond, upgrading drainage facilities, and construction of a new outfall pumping station. FISCAL IMP ACT: These grant funds have already been accounted for in the budget. GROWTH MANAGEMENT IMPACT: The LASIP Royal Wood Lake Interconnects, the Freedom Park (aka Gordon River Water Quality Park) and tbe Gateway Triangle Stol111water Improvement ~ Aqenda Item No. 16814 ~ January 15, 2008 Page 2 of 33 Project are in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan, RECOMMENDATION: Approve the attached South Florida Water Management District Funding Agreements No, 4600001219 in the amount of $1,000,000,00, No, 4600001224 in the amount of $300,000.00 and No, 4600000627.A01 in the amount of $200,000.00 f{)r a grand total of$1 ,500,000.00 for partial funding of the LASIP Royal Wood Lake Interconnects (PIN 5110 I), Freedom Park (aka Gordon River Water Quality Park Project) (PiN 51(18) and Ihe Gateway Triangle Stonnwater Improvement Project Construction of Phase I (PiN 51803) respectively, and to direct the Board Chairman to execute the agreements. f'repared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division, Stonn\vatcr ~,1anagement Dcpartrnent Attachments: (II Contract # 460000121'!, (') Contract # 460(lOOL:24. (3) Contract # 4600(lO(l627. AOI Page 1 of2 Agenda Item No. 16814 January 15, 2008 Page 3 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16814 Item Summary: Recommendation to approve three (31 funding ;greements with the South Florida Water f'Jianagernent District for a total amount of $1 ,:~;OO(lOO provldin;l aC'.sistance with construction of thn:::e !3i SiOrr';1Water Impro\Jernenl Projects. Meeting Date: 1/1 5f20De 9:0000 AM Prepared By r'iiargarf.!t A, Bish':lp ?rojed Manager Date 7~'anSrjOrt31.ion 5ervics,,~ C;tomi\I.'ater ManageilIE:'n, r"". :.". !LOG? 4"iB:D~' F)M Appl'Oved B:r MarSF-lrc;t.A Sisi10P F'rojec;t Manager Date '";-anSDortation ~>~f'\'~(:es :7~lon'\\N;'lt'cr- t\l\i'lnai;)em;:;nt ~~i':4InK:7 d:20 ;7>!VI '\r)pro\'{~d By :;',ljU(;ll'" i':a;,/{^I'r I>ein{.:;:l::;; u"')_!ec;" !u~dr;;j'i'l{;r ";'2ry,pt:.r1",c,)on :C:ngin(c\-'I';n.;' anu '";'ansponatiom:; Servlc~,s "_,n"'ln.)-:.;;ln!1 [V!2Ii&gu;n;;;,',; -;:" ;4i~~007 ,',:56 PM i\ pproved By R. Shane Cox, P2:. '~;,erdc'r Project lVianage: [:ate Transportation Services 5tormwater Management 12J19/2007 10:49 AM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 12/19/200711:41 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 12/19/20072:22 PM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 12/19/20074:16 PM Approved By Norm E, Feder, AIC? Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/26/20077:25 AM Approved By Caroline Soto Administrative Assistant Date Transportation Services Transportation Engineering and Construction 12/26/20078:32 AM file:IIC:\AgendaTest\Export\98-January%20 J 5, %202008\ 16.%20CONSENT%20AGENDA \ I... 1/9/2008 Page 20f2 Agenda Item No. 16814 January 15, 2008 Page 4 of 33 Approved By Sharon Newman t,ccounting Supervisor Date Ifansportation Services Transportation Services Admin 1/3(20083:18 PM Approved By Pat :_8hnr,tm::! ;~:xE;cuti\iG ;:::,ecrearl' Date 7ransportatior. Services ":',anspo!i:aUon Services 11,r:knin 'i/3/2003 j'"d9 f:lM Approved By :Jfl/iB:::~"r;''(lip[; I:, '::'P'IC"<inn,,, ,i.' naivs.r Delre j;,dnl':~istratrV<2 SN~'iccs 'nr~):'IT'at:,,;- : c(;r,P01(jg", :!~,,<W08 3:54 :.'[\,1 Approved B)' '-,u~;~:n US!fe:' CIHO~ i';li;-),~,ji:i :,ITiCpj/Bl:dt';c 1, I'r;dr)'~~t :;,;11." (~~::':J((' i\':anaGer C'f'i.';", ~'t:,;n2ig8'~1(+il! S +1~,q\Jt iJi'2Q08 -- ':. IVi Approved By r:'1;-<,'c,1 Snn'; ~F' '>:;::'1. l,tj \pru'oved By ,:3:11,,-'S 'Ii ~\!lu::<d <';';:"nac::' i .!,,~ [~: f::-;;}2VQ ::f'- "'.'iO[\I ',~:omm;ssion?r" _,':/In:V fV'i8n,'oe(;:, Cffi~'2 )8f2(10[: 5:::; ::'fln fi]e://C:\AgendaTest\Export\98-January%20 15,%202008\] 6,%20CONSENT%20AGENDA\ 1,,, ]/9/2008 Agenda Item No.16B 14 January 15, 2008 Page 5 of 33 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600001219 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the _._.____._____~ by and between the South F 100ida Water Management District (DISTRICT) nnd Collier County (COUNTY) WHEREAS, the DISTRICT is a public cOlporation of the State of Florida, crcatcd 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 01 other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to construct stormwatet management system improvements to mitigate flooding and provide surface water quality improvements associated with Lely Area Stormwater Improvements Project (LASIP); and WHEREAS, the COUNTY wanants 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 December 13, 2007 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 patties agree as follows: Ihe DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attach cd hcrcto and made a part hereof; subject to availability of funds and in accordance with their respective authorities to construct the Royal Wood Lake Interconnects 2 The period of perfOlmance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year.. Agreement No 460000t219 - Page 1 of 1 Agenda item No. 16B14 January 15, 2008 Page 6 of 33 3 The total DISTRICT conhibution shall not exceed the amount of One Million Dollars and No Cents ($1,000,000.00) The DISTRICT will provide the full amowlt 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 contIibution is subject to adequate documentation to support actual expenditmes within the not-to-exceed AGREEMENT funding limitation of $1,000,000 00 In no event shall the DISTRICT be liable for any conllibution hereunder in excess of this amount. If the total consideration fot this AGREEMENT is subject to multi-yem flmding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Bomd budgctmy appropl ialion In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the Clurent flllldmg, notwithstanding other provisions in this AGREEMENT to the contlaCy Tbe DISTRICT will notify [he COt;NTY in wliting after the adoption of the final DISTRICT hudget fot each subsequent fiscal yeal if funding is not approved ten Ihis AGREEMENT 4 fhe COt;NTY shall submit quarterly financial reports to the DISTRICT plO\'iding a detailed accounting of all expenditures !TIcuned hereunder thnlllghout thc tel111 of this AGREEMENT The COUNTY shall lepOlt and document the amount of llmds expended per month during the quarterly rcporting period and the AGREEMENT 'expenditures 10 elate within the maximum not-to-excccd AGREEMENT lunding limitation 5 The COUNTY shall eost share in the total approximarc amount of One Million One Hundred Sixty Seven Thousand Dol1ars and No Cents ($1,167,79000) 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 arld made a pmt 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 direetioIl 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 hercby authorizcd to contIact with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes The COUNTY shall not subcontract, assign or transfcr 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 subcontIactor fOl any expenses or liabilities incuned under the subcontJact(s) . 8 Both the DISTRICT and the COUNTY shall have joint ownership lights 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 pmty, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Agreement No 4600001219 - Page 2 of 7 Agenda Item No. 16614 January 15, 2008 Statement of Work Both parties' rights to deliverables received underP"tiWs7 of 33 AGREEMENT shall include the umestricted and perpetual right to use, reproduce, modify and disuibute such deliverables at no additional cost to the other party Notwithstanding the foregoing, ownership of all equipment and hardware pmchased 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, selvants 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 dllling performance of lmder this AGREEMENT In the event that the COUNTY subcontracts any part or all of the work hereundel to any third party, the COUNTY shall lequire each and every subcontlactor 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 subconlracto! agrees lo indcrrmify, pay on behalf, and hold the DISTRICT harmless limll all damages arising in connection with the COUNTY's subcontract 10 The COUNTY and the DISTRICT flllther agree that nothing contained herein shall be construed or interpleted as (1) denying to either party any remedy or defense available to such patty under the laws of the State of Florida; (2) the consent of the State 01 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 ofthe other patties Nothing in this AGRKI<:MENT 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 fOlth 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 partieipation 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. AgreemenlNo. 4600001219 - Page 3 0/7 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 Agenda Item No.16B 14 January 15, 2008 funds not expended by the COUNTY for authOIized work performed througlf'Wt'e8 of 33 termination date shall be retumed 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 asscrt any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other rclief as provided by law, shan be upon the COUNTY 16 The COUNTY shan maintain records and the DISTRICT shall have inspection and audit rights below rhe COUNTY shan similarly require each subcontractOI to maintain and allow access to such recOIds fOT audit pmposes: A M"intenance of RecOIds: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related 10 the negotiation or performancc of this AGREEMENT including supporting documentation fOl any selviee rates, expenses, research or reports Such records shall be mainrained and made available for inspection lor a pellod of fivc (5) years from the expil3tion date of this AGREEMENT B Examination of Records: The DiSTRICT OJ designated agent shall have the nght to examine in accordance with generally accepted govenunental auditing standards all records directly or indirectly related to this AGREEMENT Such examination may be made only within li.ve (5) years fiom the expiration date of this AGREEMENT c: Extended Availabilitv 01 RecOlds for LegilLl2j!;Qutes. In the event that the DiSTRICT should become involved in a legal dispute with a third party arising from performance nnder this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT lmtil the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT ] 7 Whenever the DISTRICT's cont1ibution includes state 01 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 fOIth in Exhibit "c" The COUNTY shall maintain all financial/non-financial recOlds 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 ofFedelal 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 Execntive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Agreement No. 4600001219 - Page 4 of 7 Agenda Item No. 16B14 January 15, 2008 (4) Audit/accountability rcquiI'ements for federal projects as imposed by federalFj~Ws9 of 33 and regulations (5) Submission of the applicable single audit report to thc DISTRICT, as completed per fiscal year B Examination 9f 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 C01JNTY's use of state or federal financial assistance and to determine whethcr timely and appropriate cOlTective actions have been taken with respect ro audit findings and recommendations which may include on site visits and limited scope audits 18 All notices or other communication regarding this AGR~;EMENT shall be in writing and forwarded to the attention ofthe following individuals: South Florida Water Mauagement District Collier County Stormwater Management Department Attn: Max Guerra, PlojectManager Telephone No (239) 597-1505 ex! 7612 Attn: Jerry KUltz, l' f Project Manager Telephone No (239) 213-5860 Attn: RupClt Gnoux, Contract Specialist Telephone No (561) 682-2512 Addless: 2885 HOIseshoe Drive South Naples, H 34104 Address: PO Box 24680 3301 Gun Club Road West Palm Beach, Fl33416-4680 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 imue 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 OJ renewed only with the written approval of the parties The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required 2L This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of FIOJida 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 22 Should any term 01 provision of this AGREEMENT be held, to any extent, invalid OJ 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 No 4600001219 - Page 5 on Agenda Item No. 16B14 January 15, 2008 AGREEMENT shall remain operable, enforceable and in full force and effect to thePJlIlenlO of 33 permitted by law 23 Failures or waivcrs to insist on strict performance of any covenanr, condition, or provision of this AGREEMENT by the parties shall not he 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 oftrus 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 nor be deemed a waiveI of any other provision "io waiver shall constitute a continuing waiver unless thc writing states otherwise 24 Any dispute mising under this AGREK\1ENT which cannot be readily resolved shall be submitted iointly to the slgnatones of this AGREEMENT with each paJ1y agreeing to seek in good faith to resolve the issue through negotiation or otllcr forms of non-binding alternative dispute rcsolution mutually acceptable 10 the parties. A joint decision onhe signatories, or their designces, shall be the disposition of such dispute 25. Ibis AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written 'JI oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter orthis AGREEMENT 26 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the flll10wing order (a) Terms and Conditions outlined in preceding paragr'aphs] 24 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference THIS SPACE INTENTIONALLY LEF T BLANK AgJeementNo 4600001219 - Page 6 of7 Agenda Item No. 16814 January 15, 2008 IN WITNESS WHEREOF, the parties or their duly authOIized representatives hi1fb'by 1 of 33 execute this AGREEMENT on the date fiIst wIitten above, SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY lIS GOVERJ''1ING BOARD By: Flank Hayden, Director of-Procurement SFWMD PlOcurement Approved ByL~,,\'t~ Q\\ ,\ ~';\;'\\P n Date:_~~__ COLLmR COUN! Y BOARD 0[> COUN! Y COMMISSrONFRS, COllIER COUNl Y, F L ORfDA By: James Coletta, Chairman ATTEST: Dwighr E BlOck, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: By: Tom Palmer, Assistant County Attorney Agreement No. 4600001219 - Page 7 of7 Agenda Item No. 16814 January 15, 2008 Page 12 of 33 Exhibit "A" STA TEMENT OF WORK COLLIER COUNTY LELY AREA STORMWATER IMPROVEMENT PROJECT-LASIP ROYAL WOOD LAKE INTERCONNECTS A. fJ'iTRODUCTION The Big Cypress Basin BOald budget has eannarked fllIlding for fY08 fill implementation of watershed restofd.tion projects that benefit the Naples Bay Initiative Under this Initiative arc several projects addressing important water restoration and management issues m C:o!hcr Count)" The goals oJ the Initiative arc 10 Ccnstruct stormwater treatment stnlctllles/facilitics that improve polluted runoff and Improve tbe hydrology (quantity, lll11ing and distribution) as.socirttcd with freshwater discharges to the estuaries One of the projects ill Collier County is the Lely Area StOImwatcr ImplOvements Project known as LASlP The Lely Area is bounded by Radio Road to the north, Rooker y Bay National Estuarine Research Reserve to the south, Airpon~Pulljng Road and a theoretical southward extension of the same to the west and CR ')S I to the east The LASIP will provide a comprehensive stormwatel outfall system for this alca of East Naples, which has experienced an increasing level of drainage related problems as growth has continued in the area The drainage aI'ea of LASIP consists of about 11,135 acres and consists of two sub- basins known as the Lely Canal Basin system alld the Lely Manor Basin system The LeIy Canal Basin dischar ges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay The Lely Manor Canal discharges into an estuarine coastal zone ncar 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 qnality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area is developed This agreement provides funding to Collier County to construct stormwater management system improvements to mitigate flooding and provide sutfaee water quality improvements associated with LASIP B. OBJECTIVES The putpose of this agreement is to provide funding for the construction onhe Royal Wood Lake Interconnects, a portion of the LASIP that is estimated with $2,167,790.00 The stormwater Page 1 of 4, Agreement 4600001219 Agenda Item No. 16B14 January 15, 2008 Page 13 of 33 management system improvements will help to mitigate flooding by providing enhanced conveyance capabilities while improving water quality in the East Naples/Lely ATea C. SCOPE OF WORK The scope of work for this FY08 cooperative agreement includes the construction the Royal Wood POltion of LASIP Ihis project consists of construction of the Royal Wood Lake intercOlmects to the designed cross section, increasing the flow capacity The construction ofthe LASIP projects within the Lely Canal Basin started in 2006 As paIt ofits cost share, Collier County developed the design and obtained the necessary permits for this project The necessary SF\\'MD and USCOE permits have been issued for this portion of the project This agreement provides funding support for the construction and construction management of the stormwater management system improvements associated with LASTP D. WORK BREAKDOWN STRUCTuRE The County shall be responsible felT the satisfactory completion of this project and may retain a consultant to provide the plOfessional services needed to assist the County during constl1lction The County shall he responsible for project management, budget management and quality control and puhlic outreach Tbe Cmmty shall be responsible for reviewing and approving deliverables fiom its construction contractor(s) and consultant(s) 10 ensure that the project objectives ale met Task 1: Construction Bidding Task 1 includes completion of the construction bidding process needed tluollgh issuance of the Notice-to-Proceed with construction Task 1 consists ofthe following activities, as required . Advertising/Distribution of Bid Specifications . Bid Specification Addendums, as required . Bid Opening . Bid Technical/Commercial Review . Selection ofContractor(s) . Insurance Requirements . Issuancc of Notice- to-Proceed with Construction Deliverable: Notice-to-Proceed with Construction Task 2: Mobilization and Clearing . Develop Soil Management Plan . Obtain schedule from Contractor . Obtain Work Plan fiom ConlIactor . Complete vegetative clearing along bank Page 2 014, Agreement 4600001219 Agenda Item No. 16B14 January 15, 2008 Page 14 of 33 . Develop and implement power pole relocation plan Deliverables: Copies of Contractor 's schedule and Work Plan Task 3: Construction Task 3 includes construction, engineering oversight, and project management of the construction activities as identified below, a,tequired . Construction of the Royal Wood Canal Portion of the LASH' in accordance with approved plans, specifications and permit requirements . Other construction aClIvities that arc directly and appropriately associated with achieving the project objectives or completing the project scope including public outreach . Engineering Oversight and Project :Vlanagemcnt . Addendums or revisions to deslgn plans and spccif;catJOns . Si te Visits . Inspection and 'I" esting . Construction Observation . .Fi.nal Certification Dcliverables: Copy of thc 50% Completion Certification and the Constmction Sllbstantial Completion Cenification Page 3 of 4, Agreement 4600001219 Agenda Item No. 16814 January 15, 2008 Page 15 of 33 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 yem of this AGREEMENT will be subject to Governing Board budgetary appropriation In the event the DIS TRICT does not appwve funding fOl any subsequent fiscal year, this AGREEMENI shall terminate upon expenditure of the cunent funding, notwithstanding other provisions in this AGREEMENT to the eontmry . A summary deliverable and payment schedule associated with this plOjeet is set forth below including specific deliver abies associated with each task and due dates {Ol all deliverables . All delivembles submitted hereunder ,lie subject to review and acceptance by the District Acceptability of all work will be based on the judgment of the Distlict that the work is technically complete and accurate . Payment sball be made fc)lIowing receipt ,md acceptance by the District of plojcet invoices in accOldance with the scilcdule sct forth below All invoices shall be accompanied by adequate documentation to demonstrale completion of each lask in accordance with this Statement of Work document . T otaJ payment by the District for all activities hereunder shall not exceed the amount of $1 ,000,00000 Task 1: Construction Bidding Notice to Proceed 2 months $500000 00 Task 2: Mobilization and ContractOl's schedule and Work 6 months Clearing Plan Task 3: Construction of LASIP (Royal Wood Lake Inter connects Portion) 50% Completion of Construction 12 months Certification $500,GOO 00 Total SFWi\lJ)/BCB Share $1,000,000,00 · 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 Tn no event shall the District's total obligation exceed $1,000,000.00 as specified above The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources Page 4 of 4, Agreement 46000012]9 7<000 -0<'> [00,,- (DNO ....- '(0 ,1..0-,- ,::;..- ZC'~ ',= ell dJ ill,2CL :c.::::. cu C'I:l-J '2 ;:; ;:J> .,-::;: ?-J ~ f8 >< '" Q 1 lJ ~ ~ " 0.." 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" " u -s ;; E '" Vi ~ '" "-< ~ N - .~ 0 "-< Co 0 "0 " Co ~..9 0 0. 0 0..2 0 '0 u " " ~ "" oU - " u " " " " " "C .b 8 .~ " " '" 0 0 " ,- U 20 '" " " -< " ~ == ..: 2..~ - '0 u ~ ~ 0 "0 '<l " " " " ~ B ~ ~ u " ,,- E p., ~ ~ ~ 0 D " " '" "" '0 '" " " u ;g ~.s ~ " ;; n " .2 8 :2 ~ c- " " ~ ~ " ~"" ~ OllN " C ' J! ..'" "''': .c N .s " " '" " g.,~ 1; ..c- '" ~~ Agenda Item No. 16814 January 15, 2008 Page 17 of 33 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.. 4600001224 BETWEEN THE SOUTH FLORIDA WATER :vIANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is cntcrcd into as of the ___ _____ hy and between the South FIOlida Watcr Management District (DISTRICT) and Collicr County (COUNTY). WHEREAS, the DISTRICT is a public corporation 01 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 contI acts with public agencies, private cOlporations or other per sons: :md WHEREAS, the DISTRICT desiles to provide financial assistance to the COUNTY to develop a stonTIwater management facility that incorpOl ates flood protection, water quality treatment, and passive recreation; and WHEREAS, the COUNTY wallants and represents that it has no obligation or indebtedness that would impair its ability to ful nil the terms and conditions of this AGREEMENT; and WHEREAS, the Goveming Board of the DISTRICT at its December 13, 2007 meeting, approved entering into this AGREEMENT with the COUNTY; NOW, THEREFORE, in consideration of the covenarlts and representations set forth herein and other good and valuable consider ation, 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 wOlk set fOlth in Exhibit "A" attached hereto and madc a part hereol, subject to availability of funds and in accordance with their respective authOlities to construct the Gordon River Water Quality Treatment Park 2.. The period of performance of this AGREEMENT shall conunence on the date of execution of this AGREEMENT and shall continue for a period ofTen (10) Months. Agreement No 4600001224 - Page I of 1 .Agenda Item No. 16814 January 15, 2008 - _ Page 18 of 33 3 The total DISTRICT contnbutlOn shall not exceed the amount of Three Hundred Thousand Dollars and No Cents ($300,00000) 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 not-to- exceed AGREEMENT funding limitation of $300,000 00 In no cvcnt shall the DISTRICT be liable for any contribution hcreunder in excess of this amount [f the total considcration for this AGREEMENT is sllbject 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, rhis AGREEMENT shall terminate upon expenditurc of the cunent funding, notwithstanding other provisions in this AGREEMENT to thc contrary The DISTRICT will notify the COUNTY in ",'!iting after the adoption of the final DISTRICT budgct for cach subsequent fiscal year I r funding is not approved forthi, AGREEMENT 4 The COU!\TY shall submit quarterly financial reports to the DISTRICT providing a dctailed accoLmting of all expenditures incurred hereunder tluoughoul the term of this AGREEMENT The COU:-ITY shall report and document the amount of funds expended per month during the quartcrly Icporting period and the AGREEMENT expenditures to datc within thc maximum not-to-exceed AGREEMRNT funding limitation 5 The COUNTY shall cost share in the total approximate amollnt of Nine Hundred Thousand Dollars and No Cents ($900,00000) m confolTnity with the laws and rcgulations 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 pmt of this AGREEMENT The COU:'IITY shall submit quarterly progress reports detailing the status of work to date for each task. Thc 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 succceding 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 transfcr any othcr work under this AGREEMENT without the prior writtcn 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 incUIred 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, resemch notes, scientific data, computer progr'ams, including the source and object code, which me developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or sllccessor(s) as required by the Exhibit "A", Agreement No 4600001224 - Page 2 of? Agenda Item No. 16B14 January 15, 2008 Page 19 of 33 Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the umestricted and perpetual right to use, replOduce, modify and distlibute 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 pemritted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUN'IY and the officers, employees, servants and agents thereof The COUNTY represents that it is self-funded for WOlker's Compensation and liability insurance, covering bodily injllTY, 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 identity 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 subcontt actor agrees to indenurify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subconbact 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 ro such pmty 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 ate 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 gr'ounds 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, 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior WIitten notice to the other party In the event of termination, all Agreemenr No 4600001224 - Page 3 of 7 ftmds not expended by the COUNTY for termination date shall be retumed to the termination Agenda Item No. 16814 .January 15, 2008 . Pj3g" 20 of 33 authollzed work performed througn tne DISTRICT within sixty (60) days of 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 COUl\,y assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such cxemption 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 ,equire each suhcontractor to maintain and allow access to such records for audit purposes: A Maintenance QLRccords: The COVNTY shall maintain all JinanciaJ and non- financial records and reports directly or indirectly related to the negotiation 01 performance of this AGREEMENT including suppotting documentation for any service rates, expenses, resemch'OI repOlts Such records shal1 be maintained and made availahle for inspection for a period of the (5) years from the expiration date of this AGREEMENT B k"x:amination of Recc,rdo;; The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly 01 indirectly related 10 this AGREEMENT Such examination may be made only within five (5) years tiom the expiration date afthis AGREEMENT C Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a thild party aJising from performance under this AGREEMENT, the COUNTY shall extend the peJiod of maintenance for all records relating to the AGREEMEl\T until the final disposition of the legal dispute AJI such records shaH be made readily available to the DISTRICT 17 Whenever the DISTRICT's contribution includes state or federal appropriated fimds, the COVNTY shall, in addition to the inspection and audit lights sct for1h 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 Acr, as follows: A Maintenance of Records: The DISTRICT shall providc thc necessary information to the COVNTY as set for1h in Exhibit "e" The COUNTY shall maintain aH financial/non-financial records through: (I) Identification ofthe 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 Govemor, JUles of the Chief Financial Officer and JUles of the Auditor General and the State Projects Compliance Supplement Agreement No 4600001224 - Page 4 on Agenda Item No. 16814 January 15, 2008 Page 21 of 33 (4) Audit/accountability requirements for federal projects as imposed by fedelal laws and regulations (5) Submission of the applicable single audit lepmt to the DISTRICT, as completed pel fiscal year B Examination of Record~: The DISTRICT or designated agent, the state awarding county, the state's Chief Financial Officer and the state's Auditor Genelal and/or federal awmding county shall have the tight to examine the COUNTY's financial and non-financial records to the extent necessary to monitol the COUNTY's use of state or federal financial assistance and to detelmine whether timely and appropliate conective actions have been taken with respect to audit findings and recommendations which may include onsile visits and limited scope audits 18 All notices or other communication regarding this AGREEMENT shall be in Wilting and rt)rwarded to the attention of the fo !lowing individuals: South Florida Water Management District Cullier County Stormwatcr Management Department Attn: Max Guena, Project Manager Telephone No (239) 597-] 505 exl 76 t 2 Manager Attn: Margaret A BiShop, P E Project felephone No (239) 213-5857 Atm: Rupert Giroux, Con\1act Specialist Telephone No (561) 682-2532 Address: 2885 Horseshoe Drive South Naples, H 34104 Address: POBox 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 lmless 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, ifrequired 2L This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Flolida 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. 22. Should any term or pmvision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, county or circUlllstance dming the term hereof; by force of any statute, law, or ruling of any fOItlm of competent jurisdiction, such invalidity Agreement No. 4600001224 - Page 5 of? Agenda Item No. 16814 January 15, 2008 Page 22 of 33 shall not affect any other telm or provision of this AGREEMENT, to the extent that the AGREEMEl'il shall remain operable, enforceable and in full fOIce and effect to the extent permitted by law. 23 Failures or waivers to insist on strict perfOImance 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 perfOIming any subscqucnt obligations strictly in accordance with the tenns of this AGREEMENT No waiver shall be effective tmless 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 ofthls AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other filTms of non-binding altemativc dispute lesolutiol1 mutually acceptable to tbe parties AJoint decision of the signator ics, or their designees', shall he the disposition of such dispnte 25 This AGRREMENT states the entire understanding and agT&c'TllCnt bctwccn the parties and supersedes any and all written or oral representations, statements, negotiations, 01 agrccmcnts previously existing between the palties with lespect to the subject matter of this AGREEMENT 26 Any inconsistency in this AGRRK\1ENT shall be resolved by grving plccedence in th.e following order: (a) Terms and Conditions ontlined in preceding paragraphs 1 - 24 (11) Exhibit "A" Statement o/Work (c) All other exhibits, attachments and documents specifically inc01porated herein by reference THIS SPACE INTENTIONALLY LEFT BLANK. Agreement No 4600001224 - Page 6 017 Agenda Item No. 16814 January 15, 2008 IN WITNESS WHEREOF, the paIties or their duly authOlized representatives hgP,ib}3 of 33 execute this AGREEMENT on the date first written above SOliTH FLORIDA WAIERMANAGEMENI DISIRICT BYIfS GOVERNING BOARD By:_ hank Hayden, Director of Procurement SFWMD Procurement Approved B(~~~_~~ Date \ ~ ~\ ~l -- "~I, ~ COLLIER COCNTY BOARD OF COlf'lTY COMMISSIO"'ERS, COLLIER COUNTY, FT ORlD^ By:__ Tames Coletta, Chairman ATIEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: By: Tom Palmer, Assistant County Attorney Agreement No. 4600001224 - Page 7 017 A.genda Item No. 16814 January 15, 2008 Page 24 of 33 Exhibit "A" ST A TEMENT OF WORK GORDON RIVER WATER QUALITY PARK COLLIER COUNTY A, INTRODUCTION Collier County is about to begin the constmction of a water quality treatment park that will help "Savc the Naples Bav" from hatmful pollutants and alleviate flooding problems in sUtTounding areas The park will also provide a number of passive recreational, habitat protection and educational uses 'Ihe proposed site is a 50 acre patcc] of County owned plOperty located on the northeast comer of Goodletle-Frank Road and Golden Gate Parkway The stonnwater I1ln-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 tluec decades, the Naples Bay has been subjected to increased pollution as a I esult of extensive land development in CollieT County The development has also caused a rise in the volume of stonnwatet runoff, which has led to the flooding of certain areas within the Gordon River Basin Land development growth continues to present major challcnges to the existing Collier County stormwater network and requires innovative solutions and improvements to the system in order to accommodate the nccds within tbe region The Ftcedoll1 Park (aka Gordon River Water Quality Park) will provide flooding relicf and tertiary treatment of stormwater runoff fTQm the Gordon River Extcnsion Basin. Based on the application of an interconnected system of multi-depth ponds, polishing mat shes, and wetlands, the man-made park will function as a natmal filtration system similar to the Everglades The project comhines wetland and npland habitats, ttails, boardwalks, educational facilities, and extensive native landscapc within a passive park setting that will intrigue and educate natllle enthusiasts B. OBJECTIVES The purpose of the project is to develop a stormwater management facility that incorporates flood prolection, water quality treatment, and passive recreation The project will involve the creation of new functional wetland littoral zones and 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 ofthe lakes and cascading pond system. As shown in page 4 the project site 'Will have self-guided educational kiosks, and private tranquil areas where the public can commingle with nature.. Additional signs will be located throughout the park that identify and explain features of the park such as cascading ponds, polishing marshes, water quality improvements various habitats and potential species Page I of4. Agreement 4600001224 Agenda Item No. 16814 January 15, 2008 Page 25 of 33 C. SCOPE OF WORK The scope of WOlk includes all labor, materials, supervIsIon, equipment, supplies, tools, services, and all other incidentals required to perform all constructed created wetlands work covered by this proposcd contract D. WORK BREAKDOWN STRUCTURE The work will establish a wetland plant community in the Natural/Existing Wetlands and also create new wetlands in the upland area Task 1: Clearing and Grubbing Removal of intcr fering or objectionable material lying on or protmding above ground surface Removal of vegetation and other organic malter including stumps, buried logs, and tools greater than 2-inch caliper to a depth of 12 inches below subgrade Task 2 Plant Selection Within one month beforc wctland planting begins, the Contractor shall submit to the Engineer for review samples of all wetland plant species to be used in planting the natural/existing wetland Task.3 Wetland Planting Plants shall be live, fiesh, healthy, and uninjured at the time of planting Replant unsatisfactory areas or portions thereof immediately when observed or at the end of the maintenance period if a satisfactory stand has not been produced Page 2 01'4, Agreement 4600001224 f\genda Item No. 16814 January 15, 2008 Page 26 of 33 Exhibit "B" PAYMENT AND DELIVERABLE SCHEDULE This is a cost-share project with funding coming from the District and Collier County The total project cost is estimated at $1,200,000 00 The total payment by the District shall not exceed the amount of S300,OOO 00 for this cooperative agreement 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 hereundcr ar'e subject [0 review and acceptance bv the District Acceptability of all work wi 11 be based nn Ibe Judgmcc1t of the District !hat the work is technically complete and accurate If the total consideration for this AGREEMEI\1 is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT wi]] be subject to Goveming Board budgetary appropriatIon In the event the DIST RIC'I does not appro"e fimding for allY subsequent fiscal year, this AGREEMENT shall tcrminatc upon expenditure of the cunent funding, notwithstanding (Jthel Plovisions In this AGREFME:-.JT to the contrary Tasks I Delivcr ablcs , I "m~~.._..~...... .... . Due Date (From I contract i execution) ., , 2 months . , ~"~'-'-"'~"'''''~~''-''-l ' District Not-to- I Exceed Payment ,." ' I ' ~.._mm""_""--1 I , Task I: Cleat ing and Grubbino Task 2: Plan Selection Construction Task 3: Wetland Planting --I----~--'------~..- .. - Certification of Completion ! Certification of Completions 6 months Certification of Completion 10 months Completion Certificates rOT i 10 months Tasks 1,2. and 3 .....L..........._ i S300,OOO.OO A lump sum of $300,000 will be paid to the Collier County upon completion of the three tasks and submission of a final acceptance certificate * 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 In thc cvcnt actual expenditures by the County are less than the not-to-exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task The County shall provide written notice of its decision to exercise this right In no event shall the Disuict's total obligation exceed $300,000.00 as specified above for this cooperative agreement The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding SOlices. 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"" " E u " ~ on <( ~ '<-< o v 00 '" "" -8 Agenda Item No. 16814 O R ,G I NJjnuary 15, 2008 1-\ tge 29 of 33 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600000627-AOl AMENDMENT NO. 01 TO AGREEMENT NO. 4600000627 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 01, entered into on ____, to that AGREEMENT dated April 10, 2007, between "the Parties," the South Florida Water Managcment District (DISTRICT), and Collier County (COUNTY) WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the AGREEMENT in order to increase the funding, amend the Statement of Work, and revise the Payment and Deliverable Schedule; and WHEREAS, the Governing Board ofthe DISTRICT at its December 13, 2007 meeting, approved entering into this AMENDMENT NO, 01 with the COUNTY; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefi ts flowing from each to the other, do hereby agree as follow$: a) The monetary consideration for the AGREEMENT is hereby increased by an amount not-(o-exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for a total AGREEMENT amount not-to-exceed One Million Dollars and No Cents ($1,000,00000) b) The Statement OfWOIk, Exhibit "A", is hereby revised to inelude Exhibit "AI", attached hereto and made a part of this AGREEMENT c) The Payment and Deliverable Schedule, Exhibit "Boo is hereby deleted in its entirety and replaced by Exhibit "Bl", attached hereto and made a part of this AGREEMENT d) All other terms and conditions of the AGREEMENT, as amended, remain unchanged Amendment No 01 to Agreement No 4600000627.ADl.. Page I of2 (8 Agenda Item No. 16814 January 15, 2008 Page 30 of 33 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT TN WITl'<cSS Vi/HEREOF, the p31ties or their duly authonzcd representatives hereby execute this AMENDMENT NO.. 01 on the date first written above SOUTH FLORiDA WATER MANAGEMENT DISTRiCT BY lTS GOVERNING BOARD Bv Frank Havden, Procurement Director SFWM~~,:;~:-~Tri'p , iii '. '.. . . -";L.t~~\4~---- D8"~~~l-' ~~_ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Dy: .James Coletta, Chairman ATTEST: Dwight E Brock, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: By:_ T om Palmer, Assistant County Attorney Amendment No 01 to Agreement No 4600D00627-AOtu Page 2 of2 Agenda Item No. 16814 January 15, 2008 Page 31 of 33 Exhibit "AI" ST A TEMENT OF WORK COLLIER COUNTY GA TEW A Y TRIANGLE STORtWW A TER I!VfPROVEMENI S COMPLETION OF CONSTRUCnON OF PHASE I INIRODUCTION In 2006, the South Florida Water Management District (District) received funding from the Florida Slate Legislature via SA 1821 for watershed restoration projects under the Naples Bay [nitiative Within the Naples Bay Initiative ale severa] projects addressing important waler lestoration and mal13gement lssues 'n Collier County The goals ofthe Initiative are to: Constmct storDlwater treatment ~tJuctUles/facilities that ImpTOve polllltcd runoIj, Reduce the amount of fi'eshlv,ltcr entering the Bay and, ultimately, Restore sea grasses, oyster reefs, and ulangroves in the Ray There are three locarions within the Naples Bay watershed tbat would greatly benefit from increased watershed restoration and improved stormwafer rnanagemcnr: . Gordon River Basin, Gateway Triangle, and Lely Area Agreement 4600000627 authorized funding to support the Phase 1 construction of the Gateway Triangle stoIllrwater management system This Amendment 1 to the Agreement authorizes additional funding from the District's FY08 budget to support rhe completion of the Phase 1 construction SCOPE OF WORK The scopc for the fiscal year 2008 is the 100% completion eonsuuction of Phase I, Task 2, which is: the detention pond, a segment of box culvert, and a portion of the discharge piping. The Environmental Resource Permit (ERP) issued by South Florida Water Management District was issued Tune 21, 2006 (Phase 2, which is planned for fiscal year 2009, will complete construction of the remainder of the system WORK BREAKDOWN STRUCTURE Proiect Management The County shall be responsible for the satisfactory completion of the project as described herein and IDay retain a consultant to provide the professional services needed to complete the design, plans, specifications, permits, construction bidding and construction oversight Page l of 3, Amendment 1 to Agreement 4600000627 Aaenda Item No. 16814 , January 15. 2008 Page 32 of 33 The County is responsible for project management, budget management and quality control J he County is responsible for reviewing and applOving deliverables horn the consultant to ensure that the plOjeci objectives are met Task 2; Construction Task 2 includes construction, engineering oversight, and plOject management oilhe construction activities as identified below, as required Construction of Phase 1 of the Gateway Triangle StorllJwaler Management System Improvements in acconJance WIth approved plans, specifications and permit requirements Oihel construction activltics that are dnectly and appropriately associated with 3clllcving the plOJect objectives or completmg Ihe plOJect scope including public olltleach EngineeIing OversIght and Protect Management Addendullls or tevisions 10 deSIgn plans :wd speclfjcati.(ms Site Visits [nspection and Testing COl1stlllctio[] Observation Finai ('cItifieatlon Deliverable" \ 1 J snn/;) CO!l1pJelioll CenificalJol1 OfCOll.StrllCticHl c.\J- Phase r - Complete (2) i 00% Completion CCll1fication of COllstrllctlOn of Phase I Page 2 of 3, Amendment 110 Agreement 4600000627 Agenda Item No. 16814 January 15, 2008 Page 33 of 33 ,--. Exhibit "Bl" PAYMENT AND DELIVER-\BLES SCHEDULE If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year oftbis AGREEl'vIENT wiJl be subject to Governing Board budgetary appropriation In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMEN r shall terminate upon expenditute of the CUJlent fimding, notwithstanding other plOvisions in this AGREEMENT to the contrary This is a cust-share project with funding coming from the Distnct and Collie! COlmty fhe project is expected to cost approximateiy $35 to $45 million The Disnict's share will be $200.000 Collier County's share will be the balill1ce Al] de1iverables submItted beleundel are subject to review by the Distllct Acceptability of all work will be based on tbe judgment of the District that the work is technically credible, accurate, precise and timely Task I. Notice to Proceed Task 2 (1) 50% Completion COl1stlUction of Phase I (2) ]00% Construction of 1 00 Total $1,000,000,00 . All dales are referenced from the date of execution of this AMENDMENT 1 and are estimated .. The District shall only be obligated to pay for documented actual expenditmcs within the not- to-exceed amounts specified above In no cvent shall the District's total obligation exceed $1,000,00000 as specified above The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources Page 3 of 3. Amendment I to Agreement 4600000627