Item 4DAGENDA ITEM # 4D
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Hopkins Creek TMDL Grant Funding
SUBMITTED BY: Rick Carper, P.E., Director of Public Works /~ ,,
DATE: December 17, 2007
BACKGROUND: The St Johns River Water Management District (WMD) has
awarded the City a $450,000 Stormwater Management Program Cost
Share grant to be used on a cost reimbursement basis for construction of
the Hopkins Creek Regional Retention Facility. The City will be required
to make quarterly Progress Reports reflecting progress of the work and
any potential issues affecting completion or the overall schedule. Once
the project is competed, the Finance Department will submit an invoice to
the WMD for reimbursement of up to 50% of the cost for construction.
RECOMMENDATION: Staff recommends the Commission approve the attached
Cost-Share Agreement and authorize the City Manager to sign the
Agreement for the City of Atlantic Beach.
ATTACHMENTS: Cost-Share Agreement - St Johns River Water Management
District and City of Atlantic Beach
BUDGET: This grant will reimburse the City for capital expenses related to
construction of the Hopkins Creek Regional Retention Facility, Account
No. 470-0000-538-6300, Project No. PW0309.
REVIEWED BY CITY MANAGER:
January 14"', 2008 Regular Meeting
Contract #24843
AGENDA rfEM # 4D
JANUARY 14, 2008
COST-SHARE AGREEMENT
5TORMWATER MANAGEMENT PROJECTS
COOPERATIVE COST-SI3ARE PROGRAM
THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street,
Palatka, Florida 32177, and CITY OF ATLANTIC BEACH ("Recipient"), whose address is 1200
Sandpiper Lane,. Atlantic Beach, Florida 32233. All references to the parties hereto include the parties,
their officers, employees, agents, successors, and assigns.
WITNESSETH THAT:
WHEREAS, the waters of the State of Florida are among its basic resources and it has been
declared to be the policy of the Legislature to promote the conservation, development, and proper
utilization of surface and ground water; and
WHEREAS, pursuant to chapter 373, Fla. Stat., the District is responsible for the management of
water resources within its geographical area, and proper management of stormwater is necessary to
protect the public health, safety and welfare and extend the life of surface and ground water resources;
and
WHEREAS, the District has established the Stormwater Management Projects Cooperative Cost-
Share Program ("the Program") to support stormwater management efforts that contribute toward the
improvement of water quality by achieving pollutant load reduction goals (PLRGs) or total maximum
daily load (TMDL) allocations for identified priority pollutants; and
WHEREAS, the District may also consider projects that protect or preserve water quality in
designated Surface Water Improvement and Management (SWIM) water bodies; and
WHEREAS, Recipient has applied for and is qualified to participate in the Program, and the
parties have agreed to jointly fund the following stormwater management project in accordance with the
funding formula further described herein:
The primary objective of the Hopkins Creek Regional Stormwater Facility (RSF) is to provide
stormwater treatment for a previously untreated portion of the watershed. The RSF in the
proposal is designed to remove Total Phosphorus (TP), Total Nitrogen (TN), and Total
Suspended Solids (TSS).
NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of
this Agreement, and the payments hereinafter specified, Recipient agrees to furnish and deliver all
materials and perform all labor required pursuant to this Agreement, the Hopkins Creek Re ig; onal
Stormwater Facility,Contract #24843 ("the Work"). Recipient shall complete the Work in conformity with
the contract documents and all attachments and other items incorporated by reference herein. This
Agreement consists of all of the following documents: (1) Agreement, (2) Exhibit A- Program Application;
and (3) all attachments, if any. The parties hereby agree to the following terms and conditions.
TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the Effective Date to the Completion Date. The
"Effective Date" is the date upon which the last party has dated and executed this
Agreement. The "Completion Date" is twenty-four months from the date this Agreement
Contract #24843
AGENDA rfEM # 4D
JANUARY 14, 2008
has been executed by the District. Recipient shall not commence Work until all required
submittals are received and approved. Time is of the essence for each and every aspect of
this Agreement.. Where additional ,time is allowed for the completion of the Work, the
new time limit shall also be of the essence. All provisions of this Agreement that by their
nature extend beyond the Completion Date shall survive the termination or expiration of
this Agreement.
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates sixty (60) days after receipt by Recipient.
2. AMOUNT OF FUNDING. For satisfactory performance of the Work, the District shall pay
Recipient $450,000, but in no event shall the District cost-share exceed fifty percent (50%) of
the total cost of the Work. The District cost-share is not subject to modification based upon price
escalation in implementing. the Work during the term of this Agreement. Recipient shall be
responsible for payment of all costs necessary to ensure completion of the Work.
FUNDING CONTINGENCY. This Agreement is contingent upon funding availability, which
may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax
revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida
Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend
for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole
discretion and judgment of the District's Governing Board for each succeeding Fiscal Year.
Should the Work not be funded,. in whole or in part, in succeeding Fiscal Years, the District shall
so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days
after receipt of such notice, or within such additional time as the District may allow. For the
purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and
ending on September 30.
4. DELIVERABLES. Recipient shall fully implement the Work, as described in Recipient's
Program Application, attached as Exhibit A. Recipient is responsible for the professional quality,
technical accuracy, and timely completion of the Work. Both workmanship and materials shall
be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and
pay for all materials, labor, and other facilities and equipment necessary for the performance of
the Work. The District's Project Manager shall make a final acceptance inspection of the
deliverables when completed and finished in all respects.
5. PERMITS. Recipient shall obtain any and all governmental permits necessary for the Work. Any
Work not properly permitted prior to implementation or completed without proper permits does not
comply with this Agreement, shall not constitute Work hereunder, and shall not be approved for
payment. Recipient is solely responsible for any fines or penalties associated therewith and the cost
of removal of unauthorized construction.
6. PROJECT MANAGEMENT.
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Work. Either party may change its Project Manager by providing not
less than three (3) business days prior written notice to the other party. Should either
party change its address, written notice thereof shall be sent to the other party within five
(5) business days. All notices shall be in writing to the Project Managers at the addresses
below and shall be hand-delivered or sent via U.S. certified mail, a-mail or fax. Notices
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Contract #24843
AGENDA ITEM # 4D
JANUARY 14, 2008
via certified mail are delivered upon receipt. Notices via a-mail or fax are delivered on
the date transmitted and received.
DISTRICT CITY
David Watt, Project Manager Rick Carer, Project Manager
St. Johns River Water Management District City of Atlantic Beach
4049 Reid Street 1200 San~iper Lane
Palatka,_Florida 32177 Atlantic Beach, Florida 32233
(386) 329-4355 (9041247-5834
E-mail: dwatt(t~sjrwmd.com E-mail: rcar~er(a,coab.us
7.
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating District policies and decisions regarding all
matters pertinent to performance of the Work.
PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Quarterly Progress Reports. Recipient shall provide to the District quarterly project
update/status reports by September 19`; December 1 S`; March l5c and June l5t of each year, or
as submitted as part of the invoices. Reports will provide detail on progress of the Work and
outline any potential issues affecting completion or the overall schedule. Reports may be
submitted in any form agreed to by District's Project Manager and Recipient, and may
include emails, memos; and letters.
(b) Performance Monitoring. For as long as the Work is operational, the District shall have
the right to inspect the operation of the Work during normal business hours upon reasonable
prior notice. Recipient shall make available to the District any data that is requested
pertaining to performance of the Work.
8. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers, employees and
agents thereof. Nothing contained herein shall be construed or interpreted as denying to any party
any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign
immunity of the State of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as
amended. Each party shall acquire and maintain throughout the term of this agreement such liability,
workers' compensation, and automobile insurance as required by their current rules and regulations.
9. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the
performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort
to ensure that women and minority-owned business enterprises (W/MBE) are given the
opportunity for maximum participation as contractors. The District will assist Recipient by
sharing information on W/MBEs. Recipient shall provide with each invoice a report describing:
(1) the company names for all W/NIBEs; (2) the type of minority, and (3) the amounts spent with
each during the invoicing period. The report will also denote if there were no WMIBE
expenditures.
10. PAYMENT OF INVOICES
(a) Upon completion of the Work, Recipient shall invoice the District for its cost-share as
provided in paragraph 2. Recipient shall submit its invoice by one of the following two
methods: (1) by mail to the St. Johns River Water Management District, Director,
3
Contract #24843
AGENDA ITEM # 4D
JANUARY 14, 2008
Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177, or (2) by e-
mail to acctpay@sjrwmd.com. Each invoice shall be submitted in detail sufficient for
proper pre-audit and post-audit review. If necessary for audit purposes, the District may.
require and Recipient shall provide additional supporting information to document
invoices. Failure to submit the final invoice within 90 days after the Completion
Date shall be a forfeiture of any remaining amount due under this Agreement.
(b) All invoices shall include the following information: (1) contract number; (2) Recipient's
name and address (include remit address, if necessary); (3) District Project Manager; (4)
Recipient's Project Manager; (5) supporting documentation as to cost and/or project
completion, as per the cost schedule and other requirements of the Program Application;
invoices shall include receipts from contractors and/or suppliers for the specified
expenditures and proof of payment (check number or copy of cancelled check); (6)
Progress Report (if required); (7) Diversity Report.
(c) Invoices that do not correspond with this paragraph shall be returned without action
within twenty (20) business days of receipt, stating the basis for rejection. Payments shall
be made within forty-five (45) days of receipt of an approved invoice. The provisions in
this paragraph relating to payment of funds shall supersede any other .provisions or
attachments contained in this Agreement.
(d) Early payment request. In instances where completion of the Work will be delayed
beyond the Completion Date, in lieu of extending the Completion Date, Recipient may
request payment of the District cost-share, provided Recipient has expended an amount
equal to or greater than the District cost-share and the District has received satisfactory
assurances that the Work will be completed. The District may approve or deny this
request in its sole judgment and discretion. Failure to complete the Work is subject to the
provisions of paragraph 13, FAILURE TO COMPLETE WORK.
11. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. Recipient shall maintain its books and records in such a manner
that receipt and expenditure of the funds provided hereunder shall be shown separately from
other expenditures in a format that can be easily reviewed. Recipient shall keep the records
of receipts and expenditures, copies of all reports submitted to the District, and copies of all
invoices and supporting documentation for at least three (3) years after expiration of this
Agreement. In accordance with generally accepted governmental auditing standards, the
District shall have access to and the right to examine any directly pertinent books,
documents, papers, and records involving transactions related to this Agreement. In the
event of an audit, Recipient shall maintain all required records until the audit is completed
and all questions are resolved. Recipient will provide proper facilities for access to and
inspection of all required records.
(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this
Agreement if, upon apost-project audit examination, the District fmds any of the following:
(1) Recipient has spent funds for purposes other than those provided for herein; (2) Recipient
has failed to perform a continuing obligation of this Agreement; (3) Recipient has received
duplicate funds from the District for the same purpose; and/or (4) Recipient has received
more than 100% contributions through cumulative public agency cost-share funding.
Recipient shall refund any such reduction of payments.
4
Contract #24843
AGENDA ITEM # 4D
JANUARY 14, 2008
12. TERIVIINATION
(a) Termination for Default. If Recipient materially fails to fulfill its obligations under this
Agreement, including any specific milestones established herein, the District shall provide
written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of
the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure
the breach within the thirty (30) day period, the District shall issue a Termination for Default
Notice. and this .Agreement shall be terminated upon receipt or said notice. In such event
Recipient shall refund to the District all funds provided to Recipient pursuant to this
Agreement within thirty (30) days of such termination. The District reserves the right to
terminate this Agreement immediately without notice in the event any of the representations
contained in the Project Proposal are found to be false.
(b) Termination for Convenience. The District may terminate this Agreement at any time for
convenience upon sixty (60) calendar days prior written notice to Recipient. Upon receipt of
notice, Recipient shall place no further orders for materials, equipment, services, or
facilities, for which reimbursement would otherwise be sought. Recipient shall also make
every reasonable effort to cancel, upon. terms satisfactory to the District, all orders or
subcontracts related to the Work for which reimbursement would otherwise be sought.
13. FAILURE TO COMPLETE WORK.
(a) Should Recipient fail to complete the Work, Recipient shall. refund to the District all of
the funds provided to Recipient pursuant to this Agreement. However, the District, in its
sole judgment and discretion, may determine that Recipient has failed to complete the
Work due to circumstances that are beyond Recipient's control, or due to a good faith
determination that the Work is no longer environmentally or economically feasible. In
such event, the District may excuse- Recipient from the obligation to return funds
provided hereunder. If the Work has not been completed within 30 days after the
Completion Date, Recipient shall provide the District with notice regarding its intention
as to completion of the Work. The parties shall discuss the status of the Work and may
mutually agree to revise the Completion Date or the scope of the Work: Failure to
complete the Work within 180 days after the Completion Date shall constitute failure to
complete the Work for the purposes of this provision.
(b) In the. event the Work constitutes a portion of the total functional project, this paragraph
shall apply in the event the total functional project is not completed. In such event the
180-day time frame provided herein shall commence upon the date scheduled for
completion of the total functional project at the time of execution of this Agreement,
unless extended by mutual agreement of the parties.
(c) This paragraph shall survive the termination or expiration of this Agreement.
14. INDEPENDENT CONTRACTOR. Recipient is an independent contractor. Neither Recipient
nor Recipient's employees are employees of the District. Recipient controls and directs the means
and methods by which the Work is accomplished. Recipient is solely responsible for compliance
with all labor and tax laws pertaining to Recipient, its officers, agents, and employees.
15. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly,
Contract #24843
AGENDA ITEM # 4D
JANUARY 14, 2008
in the business of Recipient to be conducted hereby, and that no such person shall have any such
interest at any time during the term of this Agreement.
16. NON-LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
17. RELEASE OF INFORMATION. Records of Recipient that are made or received in the course
of performance of the Work may be public records that are subject to the requirements of chapter
119, Fla. Stat. Each party reserves the right to cancel this Agreement for refusal by the other
party to allow public access to all documents, papers, letters, or other material related hereto and
subject to the provisions of chapter 119, Fla. Stat., as amended.
18. ROYALTIES AND PATENTS. Recipient shall pay all royalties and patent and license fees
necessary for performance of the Work and shall defend all suits or claims for infringement of
any patent rights and save and hold the District harmless from loss on account thereof.
19. GOVERNING LAW, VENiTE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be
construed more strictly against one party than against the other because it may have been drafted
by one of the parties. In the event of any legal proceedings arising from or related to this
Agreement: (1) venue for any state or federal legal proceedings shall be in Duval County if
substantial performance of the Work is in Alachua, Baker, Bradford, Clay, Duval, Nassau,
Putnam, and/or St. Johns counties, or in Orange County if substantial performance of the Work is
in Brevard, Flagler, Indian River, Lake, Marion, Okeechobee, Orange, Osceola, Seminole, or
Volusia counties; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil
proceedings, the parties hereby consent to trial by the court and waive the right to jury trial.
Contract #24843
AGENDA ITEM # 4D
JANUARY 14, 2008
IN WITNESS WHEREOF, the St. Johns River Water Management District has
caused this Agreement to be executed on the day and yeaz written below in its name by its
Executive Director, and Recipient has caused this Agreement to be executed on the day and year
written below in its name by its duly authorized representatives, and, if appropriate, has caused the
seal of the corporation to be attached. This Agreement may be executed in separate counterparts,
which shall not affect its validity. Upon execution, this Agreement constitutes the entire
agreement of the parties, notwithstanding any stipulations, representations, agreements, or
promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by
any means other than written amendments referencing this Agreement and signed by all parties.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
CITY OF ATLANTIC BEACH
By: By:
Kirby B. Gree III, Executi Director, or Designee
Date: 121 !/ l a 7
Typed Name and Title
Date:
APPROVED BY THE OFFICE
OF GE RAL COUNS
S ey J. Niego, r. Assistant General Counsel
ATTACHMENTS
Attest:
Typed Name and Title
Exhibit A- Program Application
EXHIBIT A AGENDA ITEM # 4D
JANUARY 14, 2008
City's Program Application
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
STORMWATER MANAGEMENT PROJECT
COST-SHARE FUNDING
APPLICATION FORM
Fiscal Year (FY) 2007-2008
APPNUM 08 ~- ~ 8'
SJRWMD office use
Submission deadline. Applications must be received by the St. Johns River Water Management
District (SJRWMD) or dated by the U.S. Postal Service or a commercial carrier no later than Friday,
August 10, 2007. Submit three (3) copies of this form and all supporting materials to Denis W. Frazel,
c/o David Watt, St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177. For
application assistance, contact Denis Frazel at (386) 329-4416 or dfrazel@sjrwmd.com. Applications
that are substantially incomplete or that are not completed in accordance with the provided
instructions will be disqualified. Excess materials will not be considered. Read and follow
instructions carefully. Selected evaluation criteria accompany questions pertaining to them in the
application. Complete evaluation criteria are provided in the separate instruction document.
Type or print clearly the requested information in the spaces provided.
Title of project Hopkins Creek Regional Stormwater Facility
A. APPLICANT INFORMATION
A-1. Name of applicant City of Atlantic Beach
(maybe utility, local government, agency, company, individual, or other)
A-2. Name, address, a-mail address, and phone/fax numbers of project manager or contact
person. SJRWMD will send correspondence concerning this application ONLY to this person.
Name Rick Carper City of Atlantic Beach Public Works Department
E-mail address rcarper ~coab us
Mailing address 1200 San~iper Lane
City and ZIP code Atlantic Beach FL 32233
Phone (9041247-5834 Fax~904)247-5843
A-3. Name, address, and phone/fax numbers of person with authority to enter into a contractual
agreement, if other than project manager or contact person. If same as 2 above, check box. ^
Name
E-mail address
Mailing address
City and ZIP code
Phone ( )
Fax ( )
A-1
AGENDA ITEM # 4D
JANUARY 14, 2008
SJRWMD Stormwater Management Project Cost-Share Funding Application FY 2007-2008
LIMIT TEXT ENTRIES TO THE NUMBER OF LINES IN PARENTHESES SHOWN AT THE
END OF EACH QUESTION. FONT =TIMES NEW ROMAN SIZE 12
A-4. Project location (address or description, a separate man is required in section D) (8 lines)
The Hopkins Creek Regional Stormwater Facility will be in the eastern portion of Duval County,
Florida in the City of Atlantic Beach, north of the intersection of Aquatic Drive and Atlantic
Boulevard. Implementation of the project will provide water quality benefits to 54.4 acres of
developed residential and commercial land in the Hopkins Creek Sub-basin (HUC 03080103).
Watershed Name: Hopkins Creek/Lower St. Johns
Latitude: 30.31N
Longitude: 81.424W
Hydrologic Unit Code (HUC): 03080103
A-5. Disclosure. Does any SJRWMD employee, Governing Board member, contractor, or other
affiliate of the applicant have a financial interest in this project, the property associated with this
project, or with any party that may profit fmancially from this project? Yes No
If yes, identify all such parties and describe their interests. (5 lines)
B. PROJECT INFORMATION B-1. Purpose. Explain the purpose(s) of the project. Include a brief
of treatment/attenuation technolo~v (Do not refer to attachments) (14 Imes
The primary objective of the Hopkins Creek Regional_Stormwater Facility (RSF) is to provide
Stormwater treatment for a previously untreated portion of the watershed. The proposed 1.7-acre pond
will help meet the goals of a pollution strategy identified in a comprehensive water management plan.
The regional Stormwater facility (RSF) included in the proposal is designed to remove nutrients (TP
and TN) and total suspended solids. As the need for improved water quality increases, implementing
RSFs as means of best management practices is becoming much more difficult due to limited available
land in the community and increased development and real estate costs. The Hopkins Creek RSF
represents the last possible structural BMP available to the City of Atlantic Beach, and thus the project
is of great value to the community and watershed. With all land acquired, design at 90%, and the ERP
scheduled for award in June 2007, the project will soon provide the Stormwater quality improvements
needed for the area.
A-2
AGENDA ITEM # 4D
JANUARY 14, 2008
SJRWMD Stormwater Management Project Cost-Share Funding Application
FY 2007-2008
EVALUATION FACTORS related to questions B-1:
Will the project implement proven technology? 1-5 points. Project scoring is based on rater's
assessment of the project being proposed and its relation to the SJRW1l~ID mission. Projects utilizing
proven technology receive more points; speculative or innovative technology, fewer points.
B-2. Cost-sharing request. (The SJRWMD share cannot exceed 50% of specific project's total cost.)
a. Specific project construction cost .............................................................. $ 1,820.000
b. Amount of cost-share requested ................................................................ $ 450,000
EVALUATION FACTOR related to question B-2:
What is the extent of project cost-matching? 0-5 points (pts). District share <10% = 5 pts, 11-25% _
3 pts, 25-50% = 1 pt, >SO% = 0 pts. (Documented rural areas = S).
B-3. Projected schedule
Projected starting date after Dec. 1, 2007: month May year 2008; completion date: month December
Funds received through this program may be used only for projects constructed after acost-
sharing contract has been executed and may not be used to reimburse the cost of existing
structures or structures already under construction. Cost-sharing contracts will tentatively be
executed by November 16, 2007. (Projects must be completed within 18-24 months of 5JRWMD
Governing Board approval.) If commencement of construction does not occur within the proiected
starting date then the funding commitment may be withdrawn Applicants may reapply the followang
year Unless otherwise agreed to in writing by the District funds admtnastered through _thas program
are provided as a single reimbursement after construction has been completed and paad for by the
EVALUATION FACTOR related to question B-3:
Is the project planned and ready to begin? 0, 5, or 10 points. Project plan to initiate within fiscal
quarter (Qtr) 2, FY 2006 = 10 pts; project plan to initiate within Qtr 3, FY 2006 = 5 pts; project plan
to initiate after Qtr 3 = 0 pts.
A-3