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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