Agenda Item 8CAGENDA ITEM # 8C
SEPTEMBER 9, 2013
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Agreement with St. Johns River Water Management District for
Construction of Reclaimed Water Facilities
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: August 15, 2013
STRATEGIC PLAN LINK: Golf Course
BACKGROUND: As part of the proposed agreement with Atlantic Beach Country Club and
Atlantic Beach Partners, the City is designing reclaimed water facilities to provide irrigation
water to the golf course and residential homes. Staff prepared an application for a cooperative
cost -share grant from the St. Johns River Water Management District (SJRWMD) and funding
was approved at their July 9, 2013 Board Meeting.
Grant funding is for 40% of the construction cost of the project. Based on the estimated total cost
of $1,105,000, the grant share will be up to $442,000 and the City's share will be up to $663,000.
Grant funds will be paid to the City quarterly, on a reimbursement basis.
The Cost -Share Agreement includes background information, objectives, scope of work, task
identification, timeframes and deliverables and cost schedule.
BUDGET: A total of $1,105,000 has been requested for the FY14 budget for construction of the
Reclaimed Water Facilities. The SJRWMD Cost -Share Agreement will fund up to $442,000 of
the project cost.
RECOMMENDATION: Authorize the City Manager to sign the St. Johns River Water
Management District Cost Share Agreement for the Reclaimed Water Facilities.
ATTACHMENTS: 1. SJRWMD Cost Share Agreement
REVIEWED BY CITY
1
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
COST -SHARE AGREEMENT
BY AND BETWEEN THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF ATLANTIC BEACH
THIS AGREEMENT ( "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, whose address is 800 Seminole
Road, Atlantic Beach, Florida 32233 -5444 ( "Recipient "). All references to the parties hereto include the
parties, their officers, employees, agents, successors, and assigns.
RECITALS
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. Pursuant to chapter 373, Fla. Stat., the District is
responsible for the management of the water resources within its geographical area.
The District initiated a cost - sharing program for Fiscal Year 2013 for construction
projects that will initiate construction sometime during 2014, involve water resource
development, alternative water supply development, water conservation, or spring shed
nutrient - loading reduction, and address one or more of the following District strategic
initiatives: springs protection, North Florida Water Supply Partnership, Central Florida
Water Initiative, or minimum flows and levels prevention and recovery.
The District has determined that providing cost -share funding to Recipient for the
purposes provided for herein will benefit the water resources and one or more of the
above - stated initiatives.
The parties have agreed to jointly fund the following project in accordance with the
funding formula further described in the Statement of Work, Attachment A (hereafter
"the Project "):
Selva Marina Reclaimed Water Facilities Project Construction
In consideration of the above recitals, and the funding assistance described below, Recipient agrees
to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient
shall complete the Project 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) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree
to the following terms and conditions.
1. TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from October 1, 2013 ( "Effective Date ") until November
30, 2014 ( "Completion Date "). Recipient shall not commence the Project until any
required submittals are received and approved. Recipient shall commence performance
within fifteen (15) days after the Effective Date and shall complete performance in
accordance with the time for completion stated in the Statement of Work. Time is of the
essence for every aspect of this Agreement, including any time extensions.
Notwithstanding specific mention that certain provisions survive termination or
Page 1
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
expiration of this Agreement, all provisions of this Agreement that by their nature extend
beyond the Completion Date survive termination or expiration hereof.
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates forty-five (45) days after receipt by Recipient.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of
Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy,
and timely completion of the Project. 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 to complete the Project. The
District's Project Manager shall make a final acceptance inspection of the Project when
completed and finished in all respects. Upon satisfactory completion of the Project, the District
will provide Recipient a written statement indicating that the Project has been completed in
accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a
release in full of all claims against the District arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project, the District shall pay Recipient forty percent
(40 %) of the total construction cost of the Project, but in no event shall the District cost -
share exceed $442,000. The District cost -share is not subject to modification based upon
price escalation in implementing the Project during the term of this Agreement. Recipient
shall be responsible for payment of all costs necessary to ensure completion of the
Project. Recipient shall notify the District's Project Manager in writing upon receipt of
any additional external funding for the Project not disclosed prior to execution of this
Agreement.
(b) "Construction cost" is defined to include actual costs of constructing Project facilities,
including construction management. Land acquisition, engineering design, and
permitting costs are excluded. Construction cost does not include any costs incurred
prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs
that are excluded will not be credited toward Recipient's cost - share.
(c) Cooperative funding shall not be provided for expenses incurred after the Completion
Date. Upon a showing of good cause, the District, upon approval of the Executive
Director, or designee, may extend the Completion Date to no later than March 30, 2015.
Any further extension of the Completion Date will require approval by the District's
Governing Board.
5. PAYMENT OF INVOICES
(a) Within 30 days after the closing date of each calendar quarter (March 31, June 30,
September 30 and December 31), Recipient shall submit an itemized invoice for the
reimbursable expenses incurred during the previous quarter by one of the following two
methods: (1) by mail to the St. Johns River Water Management District, Director, Office
of Financial Services, 4049 Reid Street, Palatka, Florida 32177, or (2) by e -mail to
acctpay @sjrwmd.com. The invoice shall be submitted in detail sufficient for proper pre-
Page 2
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
audit and post -audit review. It shall include a copy of contractor and supplier invoices to
Recipient and proof of payment. Recipient shall be reimbursed for 100% of each invoice,
which shall not exceed forty percent (40 %) of approved costs, until the not to exceed
amount of the District's cost -share has been expended. The District shall not withhold
any retainage from this reimbursement. District reimbursement is subject to annual
budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit
purposes, Recipient shall provide additional supporting information as required to
document invoices.
(b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30.
Irrespective of the invoicing frequency, the District is required to account for all
encumbered funds at that time. When authorized under the Agreement, submittal of an
invoice as of September 30 satisfies this requirement. The invoice shall be submitted no
later than October 30. If the Agreement does not authorize submittal of an invoice as of
September 30, Recipient shall submit, prior to October 30, a description of the additional
work on the Project completed between the last invoice and September 30, and an
estimate of the additional amount due as of September 30 for such Work. If there have
been no prior invoices, Recipient shall submit a description of the work completed on the
Project through September 30 and a statement estimating the dollar value of that work as
of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the
Completion Date; provided, however, that when the Completion Date corresponds with
the end of the District's fiscal year (September 30), the final invoice must be submitted
no later than 30 days after the Completion Date. Final invoices that are submitted after
the requisite date shall be subject to a penalty of 10 percent of the invoice. This
penalty may be waived by the District, in its sole judgment and discretion, upon a
showing of special circumstances that prevent the timely submittal of the final
invoice. Recipient must request approval for delayed submittal of the final invoice
not later than ten (10) days prior to the due date and state the basis for the delay.
(d) All invoices shall include the following information: (1) District contract number; (2)
District encumbrance number; (3) Recipient's name and address (include remit address, if
necessary); (4) Recipient's invoice number and date of invoice; (5) District Project
Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost
and /or Project completion (as per the cost schedule and other requirements of the
Statement of Work); (8) Progress Report (if required); and (9) Diversity Report (if
otherwise required herein). 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.
(e)
Travel expenses. If the cost schedule for this Agreement includes a line item for travel
expenses, travel expenses shall be drawn from the project budget and are not otherwise
compensable. If travel expenses are not included in the cost schedule, they are a cost of
providing the service that is borne by Recipient and are only compensable when
specifically approved by the District as an authorized District traveler. In such instance,
travel expenses must be submitted on District or State of Florida travel forms and shall be
paid pursuant to District Administrative Directive 2000 -02.
Page 3
(0
(g)
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
Payments withheld. The District may withhold or, on account of subsequently
discovered evidence, nullify, in whole or in part, any payment to such an extent as may
be necessary to protect the District from loss as a result of: (1) defective work not
remedied; (2) failure to maintain adequate progress in the Project; (3) any other material
breach of this Agreement. Amounts withheld shall not be considered due and shall not be
paid until the ground(s) for withholding payment have been remedied.
Annual budgetary limitation. For multi -year agreements, it is necessary for the District to
budget as accurately as possible the amount of funds that will be expended by the District
during each fiscal year. The Statement or Work, Attachment A, includes the parties'
current projection of the District's cost -share on a fiscal year basis (October 1 — September
30). If Recipient's reimbursable costs exceed the budgeted amount during any fiscal year,
the excess reimbursable costs shall be paid at the start of the next fiscal year. Recipient
shall promptly notify the District when it appears that Recipient's reimbursable costs will
exceed the budgeted amount during any fiscal year and provide the District with a revised
funding plan. If the District's annual budget permits, the District may, in its sole discretion,
prepare a District Supplemental Instruction Form incorporating the revised funding plan
and authorizing additional reimbursement during the current fiscal year.
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party, its officers, employees and
agents. Recipient accepts all risks arising from construction or operation of the Project. 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.
7. FUNDING CONTINGENCY. This Agreement is at all times 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 Project not be funded, in whole or in part, in the current
Fiscal Year or 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.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project. Either party may change its Project Manager upon three (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five (5) business days. All notices shall be in writing to the
Project Managers at the addresses below and shall be sent by one of the following
methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e-
mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via
overnight courier are deemed delivered one (1) business day after having been deposited
Page 4
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted
and received.
DISTRICT
Scott Laidlaw, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
(386) 312 -2388
E -mail: slaidlaw @sjrwmd.com
RECIPIENT
Donna Kaluzniak, Project Manager
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
(904) 270 -2535
E -mail: dkaluzniak @coab.us
(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 Project. The District's Project Manager may
issue a District Supplemental Instruction (DSI) form, Attachment B, to authorize minor
changes in the Project that the parties agree are not inconsistent with the purpose of the
Project, do not affect the District cost -share or Completion Date, or otherwise
significantly modify the terms of the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the District Project update /status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project
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 Project is operational, the District shall have
the right to inspect the operation of the Project 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 Project.
10. FAILURE TO COMPLETE PROJECT.
(a) Should Recipient fail to complete the Project, 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
Project due to circumstances that are beyond Recipient's control, or due to a good faith
determination that the Project 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 Project 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 Project. The parties shall discuss the status of the Project and may
mutually agree to revise the Completion Date or the scope of the Project. Failure to
complete the Project within 90 days after the Completion Date shall be deemed to
constitute failure to complete the Project for the purposes of this provision.
(b) In the event the Project 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
90 -day timeframe provided herein shall commence upon the date scheduled for
Page 5
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
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.
11. TERMINATION
(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
Recipient 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 of 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 may
also terminate this Agreement upon ten (10) days written notice in the event any of material
misrepresentations in the Project Proposal.
(b) Termination for Convenience. The District may terminate this Agreement at any time for
convenience upon thirty (30) 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 Project for which reimbursement would otherwise be sought.
In the event of such termination, Recipient shall be compensated for all work performed
pursuant to this Agreement prior to the effective date of termination.
ADDITIONAL PROVISIONS (Alphabetical)
12. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder,
without the District's prior written consent. Recipient is solely responsible for fulfilling all work
elements in any contracts awarded by Recipient and payment of all monies due. No provision of
this Agreement shall create a contractual relationship between the District and any of Recipient's
contractors or subcontractors.
13. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt
and expenditure of the funds provided hereunder are 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 and other
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 audit examination, the District finds any of the following: (1) Recipient
Page 6
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
has spent funds for purposes other than as 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
one hundred percent (100 %) contributions through cumulative public agency cost -share
funding.
14. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin,
age, handicap, or marital status.
15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute involving performance of this Agreement by submitting a written
statement to the District's Project Manager no later than ten (10) business days after the
precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the
request to the District's Office of General Counsel, which shall issue a written decision within ten
(10) business days of receipt. This determination shall constitute final action of the District and
shall then be subject to judicial review upon completion of the Project.
16. 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/MBEs; (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 W /MBE
expenditures.
17. GOVERNING LAW, VENUE, 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. As used herein, "shall" is always mandatory. 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; (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.
18. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent entities during and after
the term of this Agreement. Recipient is not a contractor of the District. The District is providing
cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the
Project. Recipient is solely responsible for accomplishing the Project and directs the means and
methods by which the Project is accomplished. Recipient is solely responsible for compliance
with all labor and tax laws pertaining to Recipient, its officers, agents, and employees.
19. 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,
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.
Page 7
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
20. 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.
21. PERMITS. Recipient shall comply with all applicable federal, state and local laws and
regulations in implementing the Project and shall include this requirement in all subcontracts
pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to
implement the Project. Any activity not properly permitted prior to implementation or completed
without proper permits does not comply with this Agreement and shall not be approved for cost -
share funding.
22. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36
months following the date of being placed on the convicted vendor list.
23. PUBLIC RECORDS. Records of Recipient that are made or received in the course of
performance of the Project may be public records that are subject to the requirements of chapter
119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the
District's Project Manager. 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.
24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the District harmless from loss to the extent
allowed by Florida law.
[Remainder of page intentionally left blank]
Page 8
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year 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 CITY OF ATLANTIC BEACH
MANAGEMENT DISTRICT
By: By:
Hans G. Tanzler III, Executive Director
Typed Name and Title
Date: Date:
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
Attest:
Stanley J. Niego, Sr. Assistant General Counsel Typed Name and Title
ATTACHMENTS
Attachment A - Statement of Work
Attachment B - District Supplemental Instruction Form
Cost - share: 2013 Initiative
Last updated: 7 -17 -13
Page 9
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
ATTACHMENT A - STATEMENT OF WORK
I. INTRODUCTION/BACKGROUND
The St. Johns River Water Management District (District) created the Cooperative Cost Share Initiative
Program in Fiscal Year (FY) 2013 as a cost share program to develop and implement resource and water
supply development projects and promote conservation. Each project selected for funding has a positive
benefit to Minimum Flows and Levels (MFLs), water quantity, water quality, or natural systems and
supports the District's Strategic Initiatives. The Minimum Flows and Levels Prevention and Recovery
Initiative is supported by this project. This project also supports the North Florida Water Supply
Partnership (NFWSP) Initiative, which is a collaborative process among the District, Suwannee River
Water Management District (SRWMD) and the Florida Department of Environmental Protection (FDEP)
to ensure the protection of water resources and related natural systems, and identify sustainable water
supplies for all reasonable - beneficial uses in north Florida. The City of Atlantic Beach (Recipient) has
requested and been selected as a participant in this cost share program.
On July 9, 2013 the District's Governing Board approved funding for the Recipient's Selva Marina
Reclaimed Water Facilities Project for $442,000, towards the estimated construction cost of $1,105,000.
I1. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable Recipient to construct an
interconnection of the reclaimed water distribution systems for the Recipient's Selva Marina Reclaimed
Water Facilities. The quantity of water that will be made available from this project is up to 1.0 mgd.
This project consists of construction of a 0.5 million gallon per day (MGD) reclaimed water facility to
serve the Selva Marina Country Club, as well as a new 180 -home subdivision. The developer will be
installing the reuse infrastructure within the subdivision (purple pipe) in preparation for receiving
reclaimed water. The reclaimed facility will be sized for some future expansion for potential new
customers when available. Ultimately, this project will reduce groundwater withdrawal from the Floridan
Aquifer (potable water) that would typically be used for residential irrigation for the subdivision.
III. SCOPE OF WORK
Recipient is designing, permitting, and constructing a project that expands the availability of reclaimed
water for irrigation use. The project includes two phases that will be designed and constructed as one
project:
Phase 1: Design and construction to provide reclaimed water to the golf course only
Phase 2: Construction of infrastructure to provide reclaimed water to the residential units
The Recipient shall ensure the tasks in the Task Identification section of the Statement of Work are
completed.
W. TASK IDENTIFICATION
The Recipient shall be responsible for performing the following tasks:
• Complete and obtain final project design, construction plans, and specifications
• Provide a copy of Recipient's executed construction contract documents to District's Project
Manager
• Provide a copy of any subsequent change orders to the construction contract to District's Project
Manager
Page 10
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
• Obtain all required permits, including right of access to the project sites, related to project
construction and subsequent operation and maintenance of the completed work
• Assure compliance with all permits and permit conditions
• Provide procurement for project construction
• Perform supervision and inspection of construction
• Perform construction contract administration
• Submit timely invoices for actual construction costs in accordance with this cost share agreement
(i.e. quarterly, with appropriate substantiation) to enable proper review by the District's Project
Manager prior to payment authorization
• Provide quarterly progress reports to the District's Project Manager identifying project progress
to date, key milestones reached, overall project schedule versus time for project completion, key
issues to be resolved, project time and projected costs versus actual cost to date
• Provide certification of construction phase completion by a Professional Engineer registered in
the state of Florida
• Assure compliance with cost accounting practices and procedures required for reimbursement of
cost share funds expended
V. TIME FRAMES AND DELIVERABLES
All work shall be completed by November 30, 2014 in accordance with tasks described above. The
Recipient shall submit quarterly progress reports to the District's Project Manager detailing the progress
of each component. The projected schedule for the project is as follows:
Phase 1 - Construction: November 2013 — March 2014
Phase 2 - Construction: February 2014 - November 2014
VI. BUDGET /COST SCHEDULE
For satisfactory completion of the Project, the District shall pay Recipient forty (40 %) of the total actual
cost of the Project (estimated to be $1,105,000), but in no event shall the District's cost -share exceed
$442,000. Recipient shall invoice the District quarterly including a progress report covering the time -
period of the invoice. Invoices shall include a copy of the construction contractor's invoices submitted to
the Recipient, proof of payment by Recipient, and other required supporting documentation. If the total
actual cost of this project is less than originally estimated, the District's cost -share amount shall be
reduced accordingly.
District Fiscal Year (FY)
Budget
FY 2013 -2014
$ 353,600
FY 2014 -2015
$ 88,400
Total
$ 442,000
Page 11
AGENDA ITEM # 8C
SEPTEMBER 9, 2013
Contract# 27672
ATTACHMENT B — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS #
DATE:
TO:
FROM: , Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor changes to the
work as consistent with the Contract Documents and return to the District's Project Manager.
1. CON'TRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek
a Change Order in accordance with the requirements of the Agreement.)
Approved: Date:
, District Project Manager
Acknowledged: Date:
, District Contracts Administrator
cc: Contract/Purchasing file
Financial Management
Page 12