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03/15/2017 AgreementKEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: April 5, 2017 TO: Breanne Erickson, Sr. Engineering Technician Monroe County Engineering Services FROM: Pamela G. HancC. SUBJECT: March 15th BOCC M eeting Attached is the original of Item C2, South Florida Water Management District (SFWMD) Local Government Agreement for the Key Largo II Roadway and Drainage Improvement Project in the grant amount of $150,000.00 with a 50% match requirement, to fund a portion of the stormwater costs associated with the project, for your handling. Please be sure to forward me an electronic copy of die document once it is signed by SFWMD. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney w/o document Finance File ✓ Campo -Abra From: Erickson- Brea nne Sent: Wednesday, March 29, 2017 11:21 AM To: Campo -Abra C 'Pam Hancock' Subject: RE: 3/15/17 Item C2 - Agreement with SFWMD Attachments: SFWMD Agreement No. 4600003535 Key Largo II Roadway and Drainage Improvement Project.pcif Abra, I just heard back from SFWMD concerning this item. SFWMD states they will only send me ONE original signature copy of the agreement for our signature. They will keep that ONE original signature copy once it is fully executed. Once signed by SFWMD, they will send me a scanned copy of the fully executed agreement for our records but no original signature copy. - Breanne From: Campo -Abra Sent: Thursday, March 16, 2017 3:32 PM To: Erickson -Brea n ne Subject: RE: 3/15/17 Item C2 - Agreement with SFWMD We need originals for the Clerk to execute. If it's a rush item they can Fed Ex them here. From: Erickson - Breanne Sent: Thursday, March 16, 2017 2:48 PM To: Campo -Abra < Campo - Abra @monroecounty- fLgov Subject: RE: 3/15/17 Item C2 - Agreement with SFWMD No. SFWMD only sent us a scanned document. Is that going to be a problem? From: Campo -Abra Sent: Thursday, March 16, 2017 2:24 PM To: Erickson -Brea n ne Subject: 3/15/17 Item C2 - Agreement with SFWMD Breanne, I received four color copies of this agreement for execution. Do you have originals? Abra Campo Executive Administrator Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 Office: (305) 292.3470 Fax: (305) 292.3516 cameo- abra@monro -fl.gov `A Please consider the environment before printing this email. PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. ORIGINAL PO NO. 950000 tEa M4N m SOUTH FLORIDA LOCAL GOVERNMENTAL AGREEMENT s .y AGREEMENT NO. 4600003535 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into as of APR 1 1 2 %'y and between the South Florida Water Management District (DISTRICT) and Monroe County Board of County Commissioners (RECIPIENT). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the RECIPIENT for the Key Largo II Roadway and Drainage Improvement Project; and WHEREAS, the RECIPIENT 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 September 8, 2016 meeting, approved entering into this AGREEMENT with the RECIPIENT; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the RECIPIENT 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 the Key Largo II Roadway and Drainage Improvement Project. 2. The period of performance of this AGREEMENT shall commence on October 1, 2016 and shall terminate on October 31, 2018. Agreement No. 4600003535, Page I of 7 3. The total DISTRICT contribution for all work completed herein shall not exceed the amount of $150,000 or 50% of eligible stormwater expenditures for the project as noted in Exhibit B, whichever is less. 4. The RECIPIENT shall submit Reimbursement Request Packages as described in the Payment and Deliverables Schedule set forth in Exhibit `B" attached hereto and made a part hereof. Payments by the DISTRICT shall be made following receipt and acceptance of the Reimbursement Request Packages by the DISTRICT's Project Manager. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" and shall include, but not be limited to, a copy of the RECIPIENT's invoice and other documentation supporting payment. 5. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is therefore contingent on adequate documentation to support actual eligible expenditures within the not -to- exceed AGREEMENT funding limitation. The RECIPIENT should provide prior written notice to the DISTRICT's Project Manager of its decision to apply the unexpended balance toward a subsequent Task. Actual eligible expenditures less than the estimated project cost will result in a reduced final payment per the AGREEMENT funding limitation. The RECIPIENT is responsible for any additional funds either through local revenues, grants, other appropriations, and /or other funding sources. 6. The RECIPIENT shall provide evidence that its minimum cost -share of 50% has been met for each submitted invoice. Absence of proper supporting documentation may result in non - payment or audit and return of prior payments. In no event shall the DISTRICT be liable for any contribution hereunder in excess of $150,000. 7. 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 RECIPIENT in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 8. The RECIPIENT shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The RECIPIENT shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 9. The RECIPIENT's contribution shall be at least 50% of the total amount of the project in conformity with the laws and regulations governing the RECIPIENT. 10. 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 RECIPIENT 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 RECIPIENT but shall be open to periodic review and inspection by either party. No work Page 2 of 7, Agreement No. 4600003535 set forth in Exhibit "A" shall be performed beyond September 28, 2018 unless authorized through execution of an amendment to this AGREEMENT to cover succeeding periods. 11. The RECIPIENT shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The RECIPIENT 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 RECIPIENT that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 12. Both the DISTRICT and the RECIPIENT shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and /or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. 13. The RECIPIENT, 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 RECIPIENT and the officers, employees, servants and agents thereof. The RECIPIENT 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 RECIPIENT, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the RECIPIENT subcontracts any part or all of the work hereunder to any third party, the RECIPIENT shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the RECIPIENT. Any contract awarded by the RECIPIENT shall include a provision whereby the RECIPIENT's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the RECIPIENT's subcontract. 14. The RECIPIENT and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 15. 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 RECIPIENT, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. Page 3 of 7, Agreement No. 4600003535 16. The parties to this AGREEMENT will not discriminate against any person on legally protected bases in any activity under this AGREEMENT. 17. The RECIPIENT, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws, regulations and requirements relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the RECIPIENT, upon request, as to any such laws of which it has present knowledge. 18. 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 RECIPIENT for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 19. The RECIPIENT shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the RECIPIENT 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 RECIPIENT. 20. The RECIPIENT shall maintain records and the DISTRICT shall have inspection and audit rights below. The RECIPIENT shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The RECIPIENT shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal putes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the RECIPIENT shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 21. If the DISTRICT's contribution includes state or federal appropriated funds, the RECIPIENT shall, in addition to the obligations set forth in paragraph 20 above, 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. 22. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: Page 4 of 7, Agreement No. 4600003535 South Florida Water Management District Monroe County Attn: Nestor Garrido, Project Manager Attn: Debra London, Project Manager Attn: Sharman Rose, Contract Specialist 102050 Overseas Highway, Suite 229 3301 Gun Club Road Key Largo, FL 33037 West Palm Beach, FL 33406 Telephone No: (305) 453 -8754 Telephone No: (561) 682 -2167 Email: London- Debra@monroecount�fl.gov Email: shrose e ,sfwmd.gov 23. RECIPIENT shall send its invoices and any attachments to APInvoice(a),sfwmd.gov and a copy to the DISTRICT Project Manager. All invoices must reference the RECIPIENT's legal name as authorized to do business with the State of Florida; DISTRICT'S AGREEMENT Number and Purchase Order (PO) Number as specified on the cover /signature page of the AGREEMENT; a unique invoice number not previously used; date; a description of the services performed, and the amount to be invoiced. RECIPIENT shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi; 2) name the pdf file with the RECIPIENT's name and the PO number; 3) provide all required attachments with the invoice file (refer to Attachment 1 to Exhibit C), and 4) include the PO number and Invoice number in the subject line of the email. If email or pdf filing is not possible, the RECIPIENT must provide the above to the following address: South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach, FL 33416 -4682 RECIPIENT must submit its invoices in compliance with the requirements of this subsection and all other terms and conditions of this AGREEMENT in order to receive prompt payment by the DISTRICT as described in Section 218.70, F.S. RECIPIENT's failure to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and /or deliverables may result in an unavoidable delay in payment by the DISTRICT. 24. RECIPIENT 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. 25. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any signatory hereon shall be considered for all purposes as original. 26. 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. 27. 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 Page 5 of 7, Agreement No. 4600003535 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. 28. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 29. 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 parry 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. 30. 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. 31. 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. 32. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 31 (b) Exhibit "A" Statement of Work (c) Exhibit `B" Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference Page 6 of 7, Agreement No. 4600003535 IN WITNESS WHEREOF, the parties or execute this AGREEMENT on the date first writ/ LE M-1 ir 4uly authorized representatives hereby 4 WATER MAN GEMENT DISTRICT BY ITS GO X ONG -7 Antonac, Exeul j cei,Ex milveDirector A. Bradshaw, Director native Services Division P R ,,DVpL) A— Tn FoPf-�: C01 T Dale MONROE C, ATTORNEY Page 7 of 7, Agreement No. 4600003535 By: � - � + ame of Authorized Indivi u I QUJ EXHIBIT "A" STATEMENT OF WORK Key Largo I1 Roadway and Drainage Improvement Project Monroe County 1.0 INTRODUCTION AND BACKGROUND The South Florida Water Management DISTRICT (DISTRICT) has allocated funding in Fiscal Year 2017 to local governments and other entities for construction and implementation of stormwater management, alternative water supply, and water conservation projects through the Cooperative Funding Program. This project is part of a 5 -year, $22- million, countywide roadway and drainage improvement program that was approved by Monroe County (COUNTY) in 2014. The project area is approximately 14 acres and is comprised of residential neighborhoods that contribute stormwater runoff which typically contains nutrients, oils, metals, and suspended solids. The project consists of implementing best management practices (BMPs) to reduce pollutant and particulate loading to the nearshore waters of Florida Bay and the Atlantic Ocean, which are designated as Outstanding Florida Waters (OFW). Improving water quality and stormwater management is a priority of the COUNTY's 2030 Comprehensive Plan. Protecting water quality through effective stormwater management is also a priority in the COUNTY's Strategic Plan. 2.0 OBJECTIVE General project objectives, which align with the mission of the DISTRICT, include managing and protecting water resources of the region by balancing and improving flood control, water quality, and natural systems. The project specific objectives are to improve the quality and reduce the quantity of stormwater discharges to nearshore waters of Florida Bay and the Florida Reef Tract. 3.0 SCOPE OF WORK The COUNTY shall construct stormwater conveyance system features in accordance with BMPs along roadways within the Lime Grove, Sunset Point, Bay Harbor, and Sunrise Point subdivisions in Key Largo. These features generally include: • Approximately 5,000 linear feet of natural swales; • Approximately 500 linear feet of exfiltration trenches; • Approximately 200 linear feet of X- dimeter pipe; • Approximately 30 inlet structures with pollutant retardant baffles and associated appurtenances. Agreement No. 4600003535, Exhibit "A" Page 1 of 2 The COUNTY will be responsible for satisfactory completion of the scope of work and may retain consultants, contractors, and /or vendors to provide the professional and construction services required. The COUNTY will also be responsible for project management, budget management, quality control, and public outreach. 4.0 WORK BREAKDOWN STRUCTURE The work breakdown structure is presented below: Task 1 Submit design plans, project specifications, bid amount documentation, and Notice to Proceed (NTP) to the DISTRICT Project Manager via email. Initiate construction activities per design plans, project specifications, and applicable permits. Tasks 2 though 7 Continue construction activities per design plans, project specifications, and applicable permits. Submit a quarterly status report (Exhibit "C ") to the DISTRICT Project Manager via email which provides a narrative of construction activities completed since the NTP was issued; a discussion of project status; an explanation of conflicts or issues, if any, which may affect construction progress or project performance; and a description of other pertinent information attached to the quarterly status report such as project oversight /management documentation, results from applicable inspections or field tests, addendums or revisions to design plans or project specifications, and relevant project correspondence. Task 8 Complete construction activities (100 %) per design plans, project specifications, and applicable permits. Submit a Reimbursement Request Package to the DISTRICT Project Manager which includes Certificate of Completion, a RECIPIENT invoice and supporting documentation such as consultant, contractor, and/or vendor invoices and proof of payment(s). Agreement No. 4600003535, Exhibit "A" Page 2 of 2 EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE Key Largo II Roadway and Drainage Improvement Project Monroe County The schedule set forth below is October 1, 2016 to September 28, 2018. All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request for payment on or before September 28, 2018 for reimbursement. All reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit A the Statement of Work (SOW). Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit A the SOW. The District shall only be obligated to pay for documented actual construction costs within the not -to- exceed amounts specified below. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Total payment by the District for all work completed herein shall not exceed the amount of $150,000.00 If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Agreement No. 4600003535, Exhibit "B" Page 1 of 2 If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before September 28, 2018 for reimbursement. Exhibit C Quarterly Status Reports are due within ten (10) days of the due date. Ineligible costs include, but not limited to, permits, as- builts, videos, early completion bonus, bonds and insurance, etc. Agreement No. 4600003535, Exhibit "B" Page 2 of 2 DISTRICT Estimated Task Deliverable(s) Due Date RECIPIENT Not -To- Project Share Exceed Cost Share Plans, Manufacturers' 1 Specifications, Bid July 31, 2017 N/A N/A N/A Amount Documentation, and NTP 2 Exhibit "C" - Quarterly March 31, 2017 N/A N/A N/A Status Report 3 Exhibit "C" - Quarterly June 30, 2017 N/A N/A N/A Status Report 4 Exhibit "C" - Quarterly September 29, N/A N/A N/A Status Report 2017 5 Exhibit "C" - Quarterly December 29, N/A N/A N/A Status Report 2017 6 Exhibit "C" - Quarterly March 30, 2018 N/A N/A N/A Status Report 7 Exhibit "C" - Quarterly June 29, 2018 N/A N/A N/A Status Report Exhibit "C" - Quarterly Status Report Complete 100% of construction activities per September 28, 8 plans, manufacturers' 2018 $650,000 $150,000 $800,000 specifications, and applicable permits. Reimbursement Request Package Total $650,000 $150,000 $800,000 If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before September 28, 2018 for reimbursement. Exhibit C Quarterly Status Reports are due within ten (10) days of the due date. Ineligible costs include, but not limited to, permits, as- builts, videos, early completion bonus, bonds and insurance, etc. Agreement No. 4600003535, Exhibit "B" Page 2 of 2 r , EXHIBIT "C" QUARTERLY STATUS REPORT KEY LARGO II ROADWAY AND DRAINAGE IMPROVEMENT PROJECT 1.0 DATE OF REPORT Click here to enter a date. 2.0 NAME AND TITLE OF PERSON COMPLETING REPORT Click here to enter text. 3.0 NARRATIVE OF CONSTURCTION ACTIVITIES COMPLETED TO DATE OR SINCE LAST REPORT Click here to enter text. 4.0 DISCUSSION OF OVERALL PROJECT STATUS Click here to enter text. 5.0 EXPLANATION OF CONFLICTS, IF ANY, WHICH MAY AFFECT CONSTRUCTION PROGRESS OR PROJECT PERFORMANCE Click here to enter text. 6.0 DESCRIPTION OF OTHER PERTINENT INFORMATION ATTACHED THIS REPORT FOR FURTHER CLARIFICATION OF DETAILS CONTAINED IN CONSTRUCTION ACTIVITIES NARRATIVE, OVERALL PROJECT STATUS DISCUSSION, AND /OR CONFLICTS EXPLANATION Click here to enter text. Agreement No. 4600003535, Exhibit "C ", Page 1 of 1