Agreement to Facilitate Funding
PROJECT: Northern Golden Gate Estates Flowway Restoration Plan
Collier County PIN 33134
AGREEMENT TO FACILITATE FUNDING FOR THE NORTHERN GOLDEN GATE
ESTATES FLOWWAY RESTORATION PLAN
THIS Agreement to facilitate funding for the Northern Golden Gate Estates
Flowway Restoration Plan (hereinafter referred to as the "Agreement") is made and
entered into on this 14th day of December, 2010, by and between the COLLIER SOIL
AND WATER CONSERVATION DISTRICT, whose mailing address is 14700
Immokalee Road, Naples, FL 34120, (hereinafter referred to as "CSWCD"), and
COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to
as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112.
WHEREAS, the CSWCD is managing the next phase of development of the
Northern Golden Gate Estates Flowway Restoration Plan jointly with staff from Collier
County and the Big Cypress Basin of the South Florida Water Management District
(hereinafter referred to as the "Management Team"), agreed to in a jointly prepared
scope of work as described in Exhibit "A", which is attached hereto and made a part of
this Agreement (hereinafter referred to as the "Plan"); and
WHEREAS, County will act as an agent between the South Florida Water
Management District (the "District") and CSWCD for disbursement of funds based on
the terms and conditions set forth herein; and
WHEREAS, the Management Team will oversee, review and evaluate Plan
deliverables for compliance and final acceptance; and
WHEREAS, joint management and advancement of the Plan furthers
development of the County Watershed Management Plan and the County Long Range
Surface Water Management Planning effort; and
WHEREAS, the County has determined and CSWCD agrees that it is in the
public's best interest to consummate this Agreement
NOW THEREFORE, in consideration of these premises and the objectives set
forth in Exhibit "A," the sum of ten dollars ($10.00), and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it
is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. The County as a local government agency will disburse funds it receives from the
District allocated to this project, not to exceed $75,000.00, which will ultimately be
Page 2
remitted to CSWCD as payment for completion of the Plan. Funds that the County
receives from the District will be disbursed to CSWCD upon receipt in accordance with
the following procedures:
a) This project is a cost share project with an anticipated total contribution
between the Florida Department of Environmental Protection and the
District in the amount of $150,000. The District's share shall not
exceed $75,000.00; which amount will be remitted from the District to
the County upon submission of invoices showing that a minimum 50%
cost share has been met on invoices submitted by CSWCD forwarded
to the District.
b) The CSWCD will timely submit invoices documenting the work
completed on the Project in a form acceptable to the County. CSWCD
shall include cost share documentation with each invoice it supplies to
the County. Upon receipt of its invoices, the Management Team will
certify deliverables and concurrently process and forward invoices to
the appropriate District project manager for payment. The District
shall remit prompt payment to the County within thirty (30) days of its
receipt of the invoices. Once funds from the District have been
received by the County, the County will process and remit payment to
CSWCD within thirty (30) days of receipt.
c) The County shall only be obligated to reimburse the CSWCD in its role
as recipient of funds actually received from the District for documented
expenditures submitted by the CSWCD up to the $75,000.00 not-to-
exceed amount specified above.
d) CSWCD shall maintain all records required by the County. All invoices,
plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
consultant for the purpose of this Agreement shall be made available
to the County by the CSWCD at any time upon request by the County
and be subject to treatment under Chapter 119, Florida Statutes, also
known as the Public Records Law. Upon completion of all work
contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to County, if
requested.
3. County and CSWCD agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they
are requested to do so, whichever is the earlier.
4. County agrees, represents and warrants the following:
a. County has full right, power and authority to enter into and to execute this
Agreement, to execute, deliver and perform its obligations under this
Agreement and the instruments executed in connection herewith, to undertake
Page 3
all actions and to perform all tasks required of County hereunder and to
consummate the transaction contemplated hereby.
b. No party or person other than the CSWCD has any right or option to acquire the
Plan or any portion thereof.
5. County agrees to act as an agent between the CSWCD and the South Florida
Water Management district to dispense funds and participate as part of the
Management Team and has no fiscal responsibility for completion of the Plan.
6. The CSWCD agrees, represents and warrants the following:
a. CSWCD shall coordinate and confer with the County and other similarly
situated parties as necessary throughout the completion of the Plan.
b. CSWCD shall act as the leader of the Management Team to oversee Plan
development.
c. CSWCD shall provide a schedule and progress reports to the County
upon commencement of the Plan through completion as described in
Exhibit "A." CSWCD agrees to regularly communicate with the County and
respond to inquiries regarding the project within a reasonable period of
time during the Plan development period by telephone, e-mail, project
meetings and reports, as appropriate.
d. Upon completion of the Plan, including work authorized under any change
orders and supplemental agreements, CSWCD will conduct a final review
and approval of the work in conjunction with the Management Team,
when funds from the District have been received by the County and prior
to the County issuing final payment.
e. All contracts entered into by CSWCD for completion of the Plan shall
require the party contracting with CSWCD to save harmless, indemnify
and defend County and its agents, officers and employees from any and
all claims, losses, penalties, demands, judgments, and costs of suit,
including attorney's fees, or any expense, damage or liability incurred by
any of them, whether personal injury, property damage, direct or
consequential damages or economic loss, arising directly or indirectly on
account of or in connection with the work done by CSWCD's contractor
pertaining to the completion of the Plan or by any person, firm or
corporation to whom any portion of the Plan is subcontracted by
CSWCD's contractor.
f. CSWCD shall be solely responsible for all costs directly and indirectly
associated with the design, permit and contract administration services to
be performed in connection with completion of the Plan.
Page 4
g. The CSWCD shall provide the County with all State directives and
communications received during the completion of the Plan and provide
copies of all project deliverables in connection with completion of the Plan.
h. The CSWCD's contractors shall maintain insurance in the following
amounts:
(1) $1,000,000.00 in pollution liability coverage;
(2) $1,000,000.00 in employer's liability insurance;
(3) $1,000,000.00 in general liability coverage;
(4) $500,000.00 in automobile liability coverage; and
(5) Statutory minimum for workers compensation coverage.
i. In addition, CSWCD's contractors shall add the County as an
additional insured on its general liability insurance policy.
j. CSWCD and the County mutually agree and represent that CSWCD shall
match any grant funding for completion of the plan received from the
District, in accordance with match amounts stipulated by the District, up to
the amount of $75,000.00.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, andlor assignees,
whenever the context so requires or admits and shall terminate no later than
(30) days after completion of the Plan, unless the parties mutually agree to
extend that period through a separate written document amending this
Agreement.
8. Whenever necessary, the Management Team shall cooperate to fulfill their
respective obligations under this agreement.
9. This Agreement shall only be amended or cancelled by mutual written consent
of the Management Team hereto or by their successors in interest.
10. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
ATTEST:
, I. 1.:..( I
DWIGH,TE.BR<:jy~, Clerk
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Approved as to form and
'~~'llJ2k
CA L~"{
Scott R. Teacti,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
1 . ~
/'1, ,JJ. L~j C}~*~
, ,
FRED W. COYLE, Chairman
AS TO T~9l<9ER SOIL ANgVY~TER CONSERVATION DISTRICT:
1\k1//;i 7--_Z/??i?7,t'cC/
BY: (J:/~.~~-L-/ /
Print Name:
i~. /7 J 7 Is... /? t~. --5"[ <.:/
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5,,")rj:<J f1 J.- 4..; 6-
Name (Print or Type)
~~uf~~
, Witness ( 'gnature)
.57A,/t/L<=o Y WE/AfE:/C-
Name (Print or Type)
EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
STORMWATER IMPROVEMENT PROJECTS FYII
A. INTRODUCTION
The District's Big Cypress Basin Board budget has earmarked funding for FYII for
implementation of watershed restoration projects that benefit the Naples Bay Initiative.
The goals of the Initiative are to:
Construct stormwater treatment structures/facilities that improve polluted runoff
. Improve the hydrology (quantity, timing and distribution) associated with freshwater
discharges to the estuaries
. Restore sea grasses, oyster reefs, and mangroves in the Naples Bay.
This agreement includes two projects: Project 1 is a construction project of the Lely Area
Stormwater Improvements Project known as LASIP that is part of the Naples Bay Initiative with
projects addressing important water restoration and management issues in Collier County and
Project 2 is the development of a Drainage Master Plan for the Northern Golden Gate Estates
area.
The LASIP will provide a comprehensive stormwater outfall system for the East Naples area,
which has experienced an increasing level of drainage related problems as growth has continued
in the area. The drainage area of LASIP consists of about 11,135 acres and two sub-basins
known as Lcly Canal Basin and Lely Manor Basin systems.
Due to the lack of a comprchcnsivc drainagc outfall system in the LASIP area, continued
development of the area has impacted flood levels as well as water quality. Available data
indicates that water quality is deteriorating and an improved water management system for the
area is urgently needed.
The improvements scheduled for FYII include the following projects:
. Construction of Drainage Improvements in Northwest Royal Wood Culvert and Whitaker
Road. The construction costs are estimated at $2,300,000.
. Northern Golden Gate Estates Flowway Restoration Master Plan. The costs are estimated
at $150,000.
This is a cost-share project with funding provided from the District and Collier County. The
total estimated cost for the project is $2,450,000. The total payment by the District shall not
exceed the amount of $775,000 for this cooperative agreement.
Agreement 4600002213, Page t of6
PROJECT #1:
NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROAD IMPROVEMENTS
PROJECT #2:
NORTHERN GOLDEN GATE ESTATES FLOWWAY
RESTORATION-MASTER PLAN
B. OBJECTIVES
The purpose of this agreement is to provide funding to accomplish in FYII following projects:
· Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road
The project will drain into the Lely Main Canal which will alleviate drainage problems
within this portion of East Naples.
The estimated start of the construction is scheduled f()r December 2010.
. Develop a Master Plan for Surface/Storm Water Management to reconnect the historic
t1ov,'Way in the North Belle Meade Restoration Area, an area defined as approximately 34
square miles encompassing all or part of Sections 29-31, Township 47 South, Range 28
East; Sections 4-9, 17, 19, 20, 29-32, Tov,l1ship 48 South, Range 28 East; Section 36,
Township 48 South, Range 27 East; Sections 6, 7, 18, Township 49 South, Range 28
East; Sections I, 11-14, 22-27, 33-36, Township 49 South, Range 27 East, Collier
County. Florida.
C. SCOPE OF WORK
PROJECT #1:
NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROAD IMPROVEMENTS
This projcct is a continuation of the design and construction completed in FYIO for the North
Portion of the Lely Main Canal. The Whitaker Road improvements will drain into the Lely Main
Canal which will alleviatc drainage problems within this portion of East Naples. The land use
within the basin consists of modern developments with improved water management systems
consistent with CWTent design requirements. and older neighborhoods that were developed before
water management systems were required,
This segment of the project will provide installation of reinforced concrete pipe where an open
ditch system exists. The flrst culvert runs north and south under Whitaker Road and is
approximately 65 LF. The second culvert runs north and south approximately 1,800 LF along
the western border of Royal Wood Country Club,
PROJECT #2:
NORTHER:'II GOLDEN GA TE ESTATES FLOWW A Y
RESTORATION-MASTER PLAN
This project includes the following components: Wetland Delineation and Assessment, Develop
a Hydrologic/Ilydraulic Model to assess the feasibility of t10w way connections of Northern
Agreement 4600002213, Page 2 of 6
Golden Gate Estates to North Belle Meade and convey across the existing 1-75 drainage features
to the South Belle Meade area (detailed model scope to be developed), and evaluate alternative
How way concepts as modeled and develop a rccommended plan.
D, WORK BREAKDOWN STRUCTURE
The County shall be responsible for thc satisfactory completion of this projcct and may retain a
consultant to provide the professional services needed to assist the County during construction.
Thc County shall be responsible for project management, budget managemcnt and quality
control and public outreach. The County shall be responsible for revicwing and approving
deliverables horn its construction contractor(s) and consultant(s) to ensure that the project
objectives are met.
PROJECT #1:
NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROAD IMPROVEMENTS
A, Construction Bidding
This includes completion ofthe construction bidding process needcd 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
. Sclection ofContractor(s)
. Insurance Requirements
. Issuance ofNotice-to-Procced with Construction
Deliverable: Notice-to-Proceed with Construction
B, Mobilization and Clearing
. Obtain schedulc from Contractor
. Obtain Work Plan horn Contractor
. Complete vegetative clearing along bank
Deliverables: Copies of Contractor's schedule and Work Plan
C. Construction
This includes construction, engineering oversight, and project management of the construction
activitics as identified bclow, as required,
· Construction of the storm water improvements in accordance with approved plans,
specifications and pernlit requiremcnts
. Other construction activitics that are dircctly and appropriatcly associatcd with achieving
the project objectives or complcting the project scopc
. Engineering Oversight and Project Management
· Addendul11s or revisions to design plans and specifications
. Sitc Visits. lnspcction and Testing
Agreement 4600002213, Page 3 of 6
· Construction Observation
· Certification of 50% Completion
Deliverables: Certification of 50% Completion of Construction
PROJECT #2:
NORTHERN GOLDEN GA TE ESTATES FLOWW A Y
RESTORATION-MASTER PLAN
. Wetland Assessment
· Hydrologic/Hydraulic Model
· Alternative Evaluation & Recommended Plan
Agreement 4600002213, Page 4 of6
EXHIBIT "B"
PA YMENT 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 adcquate documentation to demonstrate completion of
each task in accordance with the Statement of Work requirements. All deliverables submitted
hereunder are su~ject to review and acccptance 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 j udgmcnt 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 bc accompanied by adequate documentation to demonstrate completion
of each task in accordance with this Statement of Work document.
Task iPdDescription
Task 1: NOOhwest Royal Wood
Cu1vert~ ;wh...."l'" Road .
vements
(A) Construction Bidding
DeIivemblcs
Notice to Proceed
(B) Mobilization and Clearing
Contractor's schedule and
Work Plan
(C) Construction of Northwest
Royal Wood Culvert and Whitaker
Road 1m rovements
Ta,k I Total ni,lrit.t1Il< 'Il Shan'
Certification of 50%
Construction Completion
September
2011
S700,O(III.
S700,OOO.
A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of
Task I.
Agreement 46000022 J 3. Page 5 of 6
Task and DescriI*~:
".;;
D't!:i'
,?,'7F d 1$ ct
~to-Exceed
:j>~iment ·
<;m:<';',<i:}';:
Task 2: Northern Golden Gate,"
Estate Flowway restoration " '
Master Plan
(A) Wetland Assessment
Draft Report
January
2011
(B) Hydrologic/Hydraulic Model
Draft Report
April 20 II
(C) Alternative Evaluation and
Recommended Plan
Draft Report
August 20 II
(D) Final Master Plan
Final Report (5 hard
copies, I electronic copy
includin all data)
Scptember
2011
Ta,;k 2 Total Distril'tiBCB Share
S75,000.
A one lump sum amount of $ 75,000 will be paid to Collier County upon completion of
Task 2.
· The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above.
Agreemen14600002213, Page 6 of 6
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