Item 8B- Resolution No.18-25CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Cast -Share Agreement with the St. Jahns River Water Management District for
Sewer System Expansion/Septic to Sewer Conversion in Marsh Oaks (Section H).
SUBMITTED BY: Kayle W. Moore, P.E.
Public Utilities Director
DATE: June 12, 2018
BACKGROUND:
Based on City Commission input on strategic priorities and ongoing Public Works/Utilities efforts to
improve infrastructure, City staff submitted a grant application to the St. Johns Water Management
District (SJRWMD) to extended municipal sewer lines to residents in the Marsh Oaks area, west of Mayport
Road. The project includes construction of sanitary sewer gravity collection infrastructure to connect
approximately 14 existing properties in Marsh Oaks currently on septic tanks.
After application review and ranking by the SJRWMD staff and Governing Board, cost -share funding for
the project was approved by the District Governing Board for up to $132,323 (33 percent) of the estimated
project construction cost.
The attached Cost -Share Agreement includes background information, objectives, scope of work, task
identification, timeframes and deliverables and cost schedule.
BUDGET. The total estimated design and construction cast of $450,000 for this Sewer
System Expansion/Septic to Sewer Conversion Project is included in the FY 2019
Budget Requests. The SJRWMD Cost -Share Agreement will fund up to $132,323
(33'4) of the estimated $401,000 construction cost.
ATTACHMENTS: 1) Resolution No. 18-25
2) SJRWMD Cost Share Agreement
RECOMMENDATION: Authorize the City Managerto sign the St. Johns River Water Management District
Cost -Share Agreement which provides up to $132,323 in funding for construction
of the Sewer System Expansion/Septic to Sewer Conversion Project.
' �'
r44REVIEWED
BY CITY MANAGER:
RESOLUTION Nu. its -25
A RESOLUTION OF THE CITY OFATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO SIGN A COST -SHARE
AITRLE1v1LN 1 W11 H l H -L S1. j u11N S RIVER WATER MANAGEMNT
DIS 1 MU T FUR A SEF T1U Tu SEWER ut)N v ERS1uN rKt) EC 1 IN
MARSH OAKS ON BEHALF ut' THE CITY OV ATLAN T1C 1EACH.
WHEREAS; The City Commission identitied septic to sewer conversion in areas of the
City currently served by septic system a, a strategic priority: ana
WHEREAS, The St. J ohn3 Ki v er Water Management District (SJ K W ML)) has cost -share
funding available for septic to sewer projects which co�.tributes in a SJKWMD initiative for
improving water quality in the Lower St. Johns River; and
WHEREAS, The Sewer System Expansion/ Septic to Sewer Conversion project approved
for fui�diq', in FY 2019 by the SJKWMD Cioverning Board for up to $1J2,J2J (JJ percent) of the
estimated project construction cost.; and
WHEKLAS, $4JU,000 for design and construction of the sewer expansion project is
requested in the 1, Y 2U 19 Sewer bund.
NOW THEREFORE, be it ie3olvea by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Commission hereby authorizes the City Manager to sirn the Cost -
Share Agreement with the St. Johns Kiver Water Management District which provides up to
$IJ2,J2J in tunding for construction of the Sewer System Bxpansion/Septic to Sewer Conversion
Yroj ect;
SECTION 2, This Resolution shall take effect iimneaiately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantis Beach, this 25th day of June, 20 IS.
B11en Glasser, mayor
Attest:
L)onna L. Bartle, Uity Clerk
Approved a3 in folin ai�a correctness:
Brenna M. Durden, City Attorney
Contract #33191
COST -SHAKE AGREEMENT
ss_LTW_L_LN Ttii
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 MAiNAGEMENT DISTRICT (the "Di5n•ict"), whose address is 4049 Reid Street,
raratka, Florida 32-177, and Cii Y Or AILAN iiL t3LALti ("xecipient''), 800 Seininoie Koaa, Atlantic t3earh,
Florida 32233-5444. All references to the parties hereto include the parties, their officers, employees, agents,
5ucC733of5, and as5ign5.
RECITALS
The wat'cn5 of the 5tatC of Flmida Are a,iinar, its bA5ic neSourcrs_ and it has been declared to be
the policy of the Legislature to promote the con5efvation, aeveropn1ent, aria pnopef utilic.ationn
of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for
the itiainageinent of the wat'cn re5ouece5 within its geographical area.
The District 2018-2019 cost -share funding program is designed to fund the construction of
local stoimwatcn management and ahennative water supply projects as well as conservation
implementation projects. its goals are to contrioute to: (r) neauction in water d-cniannd through
indoor and outdoor conservation measures; (2) development of alternative or non-traditional
waif supply 5ouece5; Such A5 mclai,ned wat'cf_ Surface waren, or seawater; (3) waren quality
imp,ovementS (tor cAunipre, nutrient-roaaing e6luction in SpiingSneaS on other Surface -water
systems); and (4) water resource development opportunities (for instance, increasing available
5ounce wat'cn though expansion on dcvclopmcnt of surface -ware storage). The current cost-
5nanc tullInng pfogfannn a15o fCCognicc5 th-c;mportanncr of pfovidinng funding opportuiiit,73 fo,
construction of flood protection and natural -systems restoration projects, which are important
components of the District's core mission focus.
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 District's missions
and initiatives.
At its April 2018 meeting, the Governing Board selected Recipient's proposal for cost -share
fundinr, t he paitie3 have a8xrd to Jointly fund the following p uuiem it, accoidanC'c with the
funding formula further described in the Statement of Work, Attachment A (hereafter the
"Project"):
Septic to Sewer Conversion Project
in Connsiaenationn of the above recitals, and the funding assistauce dr3rnibed below. Rrcipicnt
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
otnef itcnns inconponat-cd by iefefcnnce hefeinn. the A8jrU n'cnff Mmists of all of the fnllov iiig
documents: (1) Agreement, (2) Attachment A — Statement of Work; and (3) all other attachments, if
any. The parties hereby agree to the following terms and conditions.
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Contract #si 191
1. iExM; WiiHDRAWAL OF OFFER
(a) lne tem, of tni3 AgfrMuMut i3 tion„ the nate upon Which the last pa,Ty ha3 dated a„d rArcutrd the 5a,x,e
("Effective Date") until September 30, 2019 ("Completion Date"). Recipient shall not commence the
P,Vicm uxxtil ally fe,tui:ed submittals are received and approved. Time is of the essence for every aspect
of this Agreement, including any time eztemio„S. Any lequebt fo, all eAte113io11 of time beyo„d the
Completion Date must be made before July 1, 2019. Timely requests to extend, for longer than six
,,,o„th5, the Cmitplcumi Date of the Agreement for projects whose District contribution exceeds
$100,000 may only be appfoved by the UiStfict,3 Ciove,11i11r, tsmad. 1Votwith5taudiur, Specif,c ,,,e„tio„
that certain provisions survive termination or expiration of this Agreement, all provisions of tni3
Ar,fee,,,e„t that by their nature extend beyond the Completion Date survive termination or expiration
ne,eot (e.g., aelive,y of a 1111a1 feport, will fen,ain ill lull Mice a„d effect afte, the Co,npletio„ Date, a5
necessary to effect performance).
(b) 1 his Ar,e%,xxent eon5titutes a„ offer until authorized, signed and returned to the District by Recipient.
Inis ollei tefll,inateb 90 aayb ane, ,eceipt ey xeeipie„ t; provided, howeve,, that tcecipient „lay 5ub,x,it a
written request for extension of this time limit to the District's Project Manager, stating the reason(s)
ihefefo,. Kr lue5t for extension of time after the 90 days will be denied. The Project Manager shall
notify Recipient in wfiti„ g it an eAtet,Sim, ib gfantea of denied. 1f gfant-cd, d i3 Hgree,,,e„t Shall be
deemed modified accordingly without any further action by the parties.
(c) If the construction project, or the conservation project, which is eligible for District reimbursement,
does not begin, eetofe Ju„e su, 2019, the cost -Shale agreenle„ t will be Subject to tef111111ation and the
funds subject to reallocation.
DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work,
Attacnment A. recipient i3 fe5ponbible to, the pfofeSSimial Lluality, technical aecu,acy, a„ d tir,xely
completion of the Project. Both workmanship and materials shall be of good quality. Unless otne, wise
5pccifitally provided for herei,,, Recipient shall provide and pay for all materials, labor, and other facilities
a„a equipment „ecebba,y to complete the vfoject. the ui5tfict'3 Pfojeet Mauarcf 51,all ,,,ake a filial
acceptance inspection of the Project when completed and finished in all respects. Upon satibtacwfy
completion of the Project, the District will provide Recipient a written statement indicating that the Project
nab been completed i„ aceofdance with thi3 Arfee,,,e„t. Acceptance of the filial payixxexxt by Recipient shall
constitute a release in full of all claims against the District arising from or by reason of this Agfeement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an
ownefsnip i„tMCe ,t in any of the ZINivefaeleb wide, thi3 A6,eemellt.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project, the District shall pay Recipient approximately 33% of the
total e5ti,r,atea co113tfuctio11 eo5t of the rfoject, but i„ „o eve„t 51,x11 the DiSt,ict eo5t-3hare emceed
$132,323. The District cost -share is not subject to modification based upon pfice rncalatim, in
implementing the Project during the term of this Agreement. Recipient shall be responsible for payment
of all MXb 11eceSbaly to enSufe e0111p1runi, of the Pfojeet. Kccipie„t Shall notify the District's Project
Manager in writing upon receipt of any additional extefnal funding tof the rfoject ,lot 1,clobed p,iof to
%ne%utlo„ of this Agreement.
(e) CrinStfuctim, cost” i3 defined to i„cludc actual co5t5 of comtfuctiur, Project facilities, including
construction management. Land acquisition, engineering design, pefmitting, ana Solicitation, co, -t3 Erie
excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless
e,,pirnbiy autnofi/_ea Dy the Staten1e11t of wotk. Co5t5 that mc e,cluded will not be c,cdited toward
Recipient's cost -share.
(c) Cooperative funding shall not be provided for expenses incurred after the Completion Date.
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Crilitf act #JS V)
J. YAYWMINI U11 -UN VU1l:ES
(a) Recipient shall submit itemized i„voice3 a3 pre tic Staten,cut of Work, Attauhm-c„t A fo, ,eimbursable
expenses by one of the following two methods: (1) by email to acc pay(a)sirwm .com (pfeteffea) or (2)
by nail to the St. john3 xive, WAtce Mna gement District, Finance Director, 4049 Reid Street, Palatka,
Florida 32177-2571. The invoices shall be subn,ittea n, acta,l 3uf u;e„t fof pope, pie -audit mid po5t-
audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient a„S prom of
pay,ncnt. xccipie„ t Shall be ,ei,,,bur5ed fo. 100% of approved cost or the not -to -exceed sum of
$132,323, whichever is less. The District shall not witnnoO any,ctaina8c ffon, th,5,cm,bue5e,,,c, t.
District reimbursement is subject to annual budgetary limitation, if applicable, as pfoviSea in
3ub3cction (r,). if „ece33a,y for Audit purpo5e5, 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 Septen,bef .Ju. r,fe3pectivc of
the invoicinr, f,eyue„cy, the ui3trim i5 .cquired to account for all encumbered funds at that time. When
authorized under the Agreement, suomittar of an i„voicc a3 of Scpmnlbcr 30 3ati5f,e3 this ,e,rui,ement.
The invoice shall be submitted no later than October 30. If the Agreement does not authofi/-e 3ubnuttar
of an invoice a3 of Sepm.,.ber 30, Recipient Shall submit, prior to October 30, a description of the
additional work on the Project completed between the 1a3t invoice and Scptc,nbe, 307 mid A„ c5ti,nzae of
the additional amount due as of September 30 for such Work. If there have been no p,ior invoiee3,
xccipicla 3ha11 3ubn,it a de5c,iptim. of the work completed on the Project through September 30 and a
statement estimating the dollar value of that wofk a3 of Septe,nbc, -it).
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the Co,,,pietion "ztte;
pmvidcd, however, that whri, the Cmi plction Date corresponds with the end of the District's fiscal year
(September 30), the final invoice must be 3ub,nitted no later than 35 day3 afte, the Completion Date.
Final invoices that are submitted after the requisite date shall be subject to a penalty oI ten
pet cent ai the ii, ve;re. 1n;3 penalty ... ay be waived by the District, in its sole judgment and
discretion; upon a snowing of Special t-;, cu,n3tance3 tnat t„ ev a it the t; ... ely submittal of the final
invoice. Recipient must request approval for delayed submittal of the final ;„voice not late, tnan
ten aay3 p, ;o, to the 'aue rate an'a state the basis for the delay.
(d) All invoices snail include the tonowil,8 ii fof,,,atiom: (r) ui3teict coiaeact „umbe.; (2) Recipient's name,
address, and authorization to directly deposit payment into Recipient's account (it Keeipicnt has not yet
p,ovided the uiStrict with a completed Direct Deposit Authorization form); (3) Recipient's invoice
number and date of invoice; (4) lii5tfiet r,ojcct ivianarrf; (J) xecipient'S Project Manager;
(6) supporting documentation as to cost and/or Project completion (as pe, the coat 3eneaulc and other
ecyui,c,nc„t5 of the Statement of Work); (8) Diversity Report (if otherwise required herein). Invoices
that do not coffe3po„a witn tni3 pmur,,aph Shall be ictu,nccd Without Action within 20 business days of
receipt, stating the basis for rejection. Payments shall be made witnin 4J Uay3 of,cccipt of an appfoved
iuvoicc.
(e) Travel expenses. it the coat 3er,caulc fo, thi5 Arercme„ t i,,,,lude5 a li.,c item for travel expenses, travel
expenses shall be drawn from the project budget and are not otherwise compe„3abte. If t,avcl eApeu3e3
are 11ot 111c1„ ded i., the cost Schedule, they are a cost of providing the service that is borne by Recipient
and are only compe„nawc wne„ 3pecitn,ally approved by the Ui5trict Z[5 an autho,i�ed District traveler.
In such instance, travel expenses must be submitted on District or State of Florida t.avel to,1„3 Ea d shall
b -c paid puf 3ua„ t to ui3it im Administrative Directive 2000-02.
(f) Payments withheld. r ne ui3trict may witnl,old of, on account of 3ub3eyue„tly di5cove.ed evidence,
nullify, in whole or in part, any payment to such an extent as may be nece33a,y to pfotect the 1Ji3t.i,,t
fro,n 1033 a5 a ,e5utt of: (1) defective work not remedied; (2) failure to maintain adequate progress in the
Project: (3) any otnef matef,al bfcacn of thi3 Ar,fuu,ncnt. A,,,ou„t3 withhold shall not be considered due
and shall not be paid until the ground(s) for withholding payment have been re,,,eaiea.
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Contract #33191
(g) Auuual buagetaiy limitatirlu. Pv....ulti-f.5eal year agree...ents, the District must budget the amount of
funds that will be expended during each tnscal yeai a5 aCCufaMy a5 pv55ible. 1 he state...e..t of wo.k.
Attachment A, includes the parties' current schedule for completion of the Work and projection of
CApe117itUfC6 o.. a Beal year ba5i5 (uetobcr 1 — SrVir...ber 30) ("An..ual Spending Plan"). If Recipient
anticipates that expenditures will exceed the budgeted amount dufi..g any t.6Cal year; Kert1„e..t 3hall
promptly notify the District's Project Manager and provide a proposed revised work schedule and
A....ual Spe..di..g Ha., that provides for eo...l,letio.. of the Work Without increasing the Total
Compensation. The last date for the District to receive tni6 feque5t i5 AUgU6t 1 of the the..-Curre.lT f 3CUI
year. The District may in its sole discretion prepare a District Supplemental Instruction Form
i..cofporati..g the.evi5ed Wo.k 5ehedulc dial A....ual Spending Pla.. during the then -current fiscal year
or subsequent fiscal year(s).
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage
att.tbutamu to the .,urlircia aet5 oe o...i55imm of that Va.2y, 115 offcess, employees and agents. Recipient
accepts all risks arising from construction or ope.ation of the rfojeet. Nothi..g eo..tai..ed herei.. Shall be
cvn5t, ued or interpreted as denying to any party any remedy or defense available under the laws of the state
W Plvfiaa, 1101 M a Waiver of 5ovCXir'1l 1111111u.uty of the State of Florida beyond the waiver provided for in
§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
. ule., a..d regulatio..5. 1f Plo.ida Dcpaft.ue..t of E..vi.onmemal Protection ("FDEP") funds will be used to
fund all or a portion of the Agreement, additional Ftjht, i115ura11ee fequire.ue..t5 applicable to the Rccyir.a
are included in the insurance attachment to the Agreement.
v ulvlillvu Luly i ilv Gv,iNC r .. 1 his Ag=...c a 15 at all times contingent upon funding availability, which
may include a single source or multiple sources, i..clua;..g, but not 6 ... ited to: (t) ad valore..1 ta,.eve..ue5
appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislatu.e, o.
(s) approp.iatio..5 f o... other a6e..eie5 o, fu..di..g 5oure5. Agreements that extend for a period of more than
one Fiscal Year are subject to a.u.ual app.opfiatio.. 01 TW03 i.. the Sole di5c.etio., a..d j udg.mr..t of the
District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded; in wnole or
in part, in the eu.re..t Fiscal Year oe succeeding Fiscal Years, the District shall so notify Recipient and this
Agreement shall be deemed te..ui..ated tof eo..ve..;e..oe five days afte, ercril,t of Such..oacr- or Within st.ch
additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is dei...ed as the
pe.ivd b'cgi.u.i..g m, uetobr, I dial e..dil.g o.. Sertelnber 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and management of the
t—mjrct. LAher tarty ...ay el.a..ge tts Project Manager upon three business days' prior written notice to
the other party. Written notice of cna..ge of address shall be p.ovided W;thu, five bu51..e55 days. All
notices shall be in writing to the Project Managers at the addresses below and snall be se..t ey o..e of the
fvlloWi..g...ethod5: (1) ha..d delivery; (2) U.S. cc.-tified mail; (3) national overnight courier; or
(4) email. Notices via certit.ed .tail are dee...ed delivered upon receipt. lvotice5 via over..ight coulter
are deemed delivered one business day after having been deposited with the courier. Notiee5 via e -...ail
a.e dee...ed deltve.ed on the date tra..5...incd a.A .ecetved.
DISTRICT
Carol G. Brown, PE, Project Manager
.St. J oh..5 K. v r, W UTZc Ma..age.ne..t D.Strlct
4049 Reid Street
Palatka, Florida 32177-2571
rho..e: s85-329-4816
Email: cgbrown�sjrwmd.co...
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1cr,C1rltJ1,41
Kayle Moore, Project Manager
City of Atlantic Beach
800 Sumi..ole Koad
Atlantic Beach_ Flo, ida 32233
Phone: 904-247-5874
L.1.a;1: kmov.e(�coub.U3
Co, t, act #j i i!) 1
(b) Ihu UibUict'S Projuct Mai .agui Shall have sole responsibility for transmitting instructions, receiving
mIOrmation, and CO,,.1„u,,,Catlrrg ll,atr,Ct pol,cir3 and acci3irnn rcgardn,g all u,z[ttur5 pui-Imunt in
performance Of the Project. The District's Project Manager may issue a District Supplemental
In5lructio„ (DSI) fo„u_ Attach...ent C, to authorize minor adjustments to the Project that are consistent
with the purpose of the Project. Isotn partiub n,ubt bign tnc; llSI. A tisi may uet be uaed to changu thu
D1St'iCt cost -share or percentage, quantity, quality or the Completion Date of the Project, or to change o,
,codify the Ap ee,uu„t.
9. PROGRESS REPORTS AND PERFORMANCE MONrrOtufvG.
(a) Progress Reports. Recipient shall provide to the District quarterly Project update/status rcpo,tb ab
piovidud i„ thu Statu.nu..t of Wo.k. Reports will provide detail on progress of the Project and outline
any potential issues aIIcctt„ g completion n, tnc —uvcrall 3Chcdulc. Kcrivient 3hzall u5u thu D,Sti.ct'S
Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Kcportb to tnu
1Jiatrict's Projuct Ma..agur and District's Budget Specialist within 15 days after the closing date of each
calendar quarter (March 31, June -10, 5cptcnmue JO a„a I)cce,nec, s 1).
(b) Performance Monitoring. For as long as the Project is operational, the District shall have the,ight to
iuspum ihu opuraiio.. of the Project during normal business hours upon reasonable prior notice.
Recipient shall make available to tnc; t)iat,ict any aata tnat ib requcbtcd pertai„i„g to perfb,,,,a.,cu of thu
Proj ec L.
10. WAIVER. Thu delay o. failure by the District to exercise or enforce any Of its rights under this Contract
shall not constitute or be duc,nua a waiver of the VibtfiMb right thuicaftci in c..fbme iho5u iight5, ..or shall
any single or partial exercise of any such right preclude any other or further exercise thereof o, tnu uxc,cibu
of any mhc, iight.
11. FAILURE TO COMPLE TE F KOJEC I
(a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of tnu tunda
provid A in Kucipie..t pu.st.ant to this Agreement. However, the District, in its sole judgment and
disc,etion, may actcin,inc tnat Kecipie„ t hay failed in cou,plute the rroject duu to ci,cu.n5tances that are
beyond Recipient's control, or due to a good faith determination that the Project is no to„ger
u„viro,,,,.e„tally o, economically feasible. In such event, the District may excuse Recipient from the
cit)ligat,o„ tci,ctur„ fu„dz, provided hc,cu„dei. if thu rrojuct has not buu.. completed within 30 days after
the Completion Date, Recipient shall provide the District with notice rega,ding its intcntiv„ as to
completion of the Project. The parties shall discuss the status of the Project and may mutually agree to
,eviSc tnu ti,uc Ivi Frn1cCt completion or the 3cepc of the t—mject. Failuru to co,..pldu the Project within
90 days after the Completion Date shall be deemed to constitute failure to complutc; tnu Frojuet toe the
puevnbu5 of this provision.
(b) In the went tnu FrojuCt Coubtitutub a poitiou of the total fu„Ctie„al project, this paragraph Shall apply in
the event the total functional project is not completed. In such event, the 90 -day ti„tetran,o p,vviacd
hurei.. 5ha11 cor..mence upon the date scheduled for completion of the total functional project at the time
oI uxueution of tnia Ag,ecn,eut, u„ lc33 cntcndcd by Mutual agicc,nc..t of thu parties. Paragraphs 11(a)
and I I(b) shall survive the termination or expiration of this Agreement.
12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any
spucil,e,nilcaty„ca cataDlial,ca hcrci,,'Thu Vi3teict may piovidu Kucipiu..t wiitte.. notice of the deficiency by
forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall navo su days innowi„g
iucuipt of the notice to cure the breach. If Recipient fails to cure the breach within the 30 -day period, the
District shall isbuc a 1 cinnnat,on Int IJef tuft Notiec icruunat...g tl.,3 Agrueu,eut without further notice. In
such event, Recipient shall refund to the District all funds provided to Recipient pursua„t to tnib Agruuu,e„ t
within 30 days of such termination. The District may also terminate this Agreement upon ten days' written
notice u, the event oI any lnatc,ial n,iarepiubcutati'vnn u, the r.OjcCt Proposal.
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Contract #33191
lielay or taimic Dy the llist,;ct to enfafee any fight, een,edy or deadli„c hereunder shall not impair, or be
deemed a waiver of, any such right, remedy or deadline, or impaie the 1Jibteict7s fights of fe,nedieb far a„y
subseKue„ t breach or continued breach of this Agreement.
A1)1)111O1NAL YROv15101vS (Alphabc6i al)
13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies dt,e nereunaer, Without the
uisteict'S peme written consent. Recipiem. is solely responsible for fulfilling all work elements in any
contracts awaeaea ny Kecipient and pay,ne„ t of all ,na„ ;e3 due. No provision of this Agreement shall create
a contractual relationship between the District and any of Recipient's contractors oe subeontfannes.
14. Auli11; ACC_LSS 10 RECORDS; REPAYMENT OF FUNDS
(a) Maintunancu m xeca Ua . ttec;pient bliall maintain its books a„d records such that receipt and
expenditure of the funds provided hereunder are shown separately t, on, other cApenditu,eb in a farn,at
that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all
repoftb submitted to the L)ibt,iet, and copies of all ;„vn,=3 mid Supporting documentation for at least
five years after expiration of this Agreement. In accordance witn geneeally accepted govee,„ne„tal
auditi„g Standards, the District shall have access to and the right to examine any directly pertinent books
and otl,ef ,eco,ab;nvoly;ng t,anbactinnb elated to thi3 Ar,=mc„t. In the event of an audit, Recipient
shall maintain all required records until the audit is completed and all questions are ,cbntvcd. tteciv;ent
will Vic) vide propel facilities for access to and inspection of all required records.
(b) Repayment et r uiiU�. Uizteict fimdi„g Shall be Subject in repayment after expiration of this Agreement
if, upon audit examination, the District finds any of the following: (t) ttecipie„ t has spent fu„ ds far
purposes other than as provided for herein, including but not limited to construction materials not used
in tnc; r,oject: (/-) xecip;e„ t has failed to pe,fnem a com imumr, obligation of this Agreement;
(3) Recipient has received duplicate funds from the L)isteict to, the ba,,,e pufpnze; (4) Kecipie„t 1,a3 been
advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount
Kucipie„t is entitled to feceive undo, tl,e,vgeeeme„r mid/n, (6) Recipient has received more than 100%
contributions through cumulative public agency cost -share fu„di„g.
15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee
o, applicant toe e,,,ployn,e„t because of race, color, ,cligio,,. Scx, or national origin, age, handicap, or
marital status.
16. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT.
xec;pie„ t a„ a any bubcmatamnes u„ dc,Sta„ d mid Will comply w;th their duty, pursuant to §20.055(5), Fla.
Stat., to cooperate with the inspector general in any investigation, audit, inspection, ,eview, of heari„g.
17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue,
aizceepancy, o, dispute;„vnlvi„g perfa,n,a„ec of thi3 Agreement by submitting a written statement to the
District's Project Manager no later than ten business days atte, the peecipitat;„g eve„ t. if not eesalved by the
Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel,
whicn malt issue a wfitte„ decizinn within ten business day3 of,cccipt. This determination shall constitute
final action of the District and shall then be subject to judicial review upon co,npletian of the reaject.
18. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance
ut an cost-zhae;„g ageee,uentb'and e„eoueag73 Kccipicnt to make a good faith effort to ensure that women
and minority-owned business enterprises (W/MBh) are give„ the oppaftunity fo, ,,,uAiiumu participation as
contractors. The District will assist Recipient by sharing information on WTMBES. Recipient shall provide
witn eacn invoice a,epaft describing: (1) tl,e cmupany names for all W/MBEs; (2) the type of minority, and
(3) the amounts spent with each during the invoicing period. t ne,epo,t will also denote if thele we,e no
W/MBE expenditares.
Now
Contract #33191
19. GOVLRNING i AW, VLNUt,, Ai iORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This
Agree, ,,e„t shall be construed acco,ai„g TO Tne lawn os rlofiaa a„O mall „ot be co„btrucd ,nnec ST,iCtly
against one party than against the other because it may have been drafted by one of the parties. As used
herei,,, "shall” i5 always ,,,a„datory. I„ the event of a„y legal procecdiags arising from or related to this
Agreement: (1) venue for any state or fede,al legal p,oceedings snall be in Duval (county; (2) eacn pa,ty
shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to
Trial by Thu c'vu,'t and waivu The right in Ju,y tial.
20. INDEPENDENT CONTRACTORS. The parties to this Agfeen,ent, trlei, elnployM, anct age„t�,, a,c
independent contractors and not employees or agents of each other. Nothing in this Agreement shall be
i„te,p,med To eSTabliSh a„y ,elai.o„Shil, othc.• Tha„ that of i„ dependent contractors during and after the term
os this Ag, cement. xecipie„t is slot a contracto, os the 1)i�,t,ict. Ine 1)i�,t,ict i�, providi„g uo5t-3ham fu„ding
as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely
responsible for acco,,,pli5hi„g the Pioject and directs the means and methods by which the Project is
accomplished. Recipie„t is solely fespo„sible 10, av,,,plia„Ce witn all labor, nealth ca,c, and tan laws
pertaining to Recipient, its officers, agents, and employees.
1. COly v LiC i ING IN i ERv S i IN RECIPIEN i. Recipient certifies that no officer, agent, or employee of
the District has any material interest, as defined i„ § 112.312, r la. Stat., eitnef aireuuy v, indirectly, i„ the
business of Recipient to be conducted hereby, and that no such person shall have any such interest at any
tine du,i„g the r,,,, of this Agree,ne„T.
22. NON-LO1313YING. Yursua„ t to §216.347, ma. Stat., a�, a,uenaea; xruipient agrcuc ,that funds ,cucived f, -v,,,
the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other
STaTc agu„cy.
23. PExlvii i S. xecipient shall comply witn all applicable i6lc,al, atatc aua loual laws and Xgulati'v„5 i,
implementing the Project and shall include this requirement in all subcontracts pertaining to the Project.
Recipie„T shall obtai„ a„y a„d all govcr„mental permits necessary To implement the Project. Any activity
not p,operly pe,n,ittea prior to inplen,e„tativn v, co,uplctca witnout pope, per,nits does net comply with
this Agreement and shall not be approved for cost -share funding.
24. PUBLIC ENiIiY CRIME. A person or aff,liaie who has been placed on The convicted vendor list
Ivllvwi„g a conviction Zvi a puDhC entity cline may not 5ubn,iT a bid, p,opo5al, or ruply 'v„ a co„traim 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,
p,oposais, of replies o„ leases of real propc,ty To a public entity; may not be awa,ded or perfo,,,, 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 §287.017, Fla. Stat.,
I0, CSA I tGOKY 1 WO ($SJ7000) tot a period or s& iuo„ tha following The date of bci„g placed 'v„ The
convicted vendor list.
25. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance Of the
rroject may be public fVMM, tnat ale subject To the ,equiu,,,c„Ts of chat,Tcr l ly_ rla. Stat. if Rccipic„t
receives a public records request, Recipient shall promptly notify the District's Project Manager. Each patty
rc5erves the right To cancel -this Agreement for refusal by the other party to allow public access to all
aocu,,,e„ ts, pape,s, lette,s, of other nater iaL related hereto a„d 5ubjcut to Thu provi3io„5 of chapter 119_ Fla.
Stat., as amended.
26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, -tO the best Of its information
and belies, inifi,tge On any patent fignts. xecipient s1,a11 pay all royanics and pate„T and lice„se fees
necessary for performance of the Project and shall defend all suits or claims for infringement of any patent
rights a„d Save mA hold the Di3irict harmless from loss To the extent allowed by Florida law.
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U011t,aet #SS 191
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement
r be cz=uted c;„ the day a„ d year minri, bclrjW i„ its „ante by its LzXCutivC Uirccr,, or duly authori,ed
designee, and Recipient has caused this Agreement to be executed on the day and year written below i„ its name
by its duly authorized representatives, and, if appropriate, has caused the seal Of the corporation to be attached.
lhi� A8reen,ent may be rAruuted i„ �eltaratc cvuntcrllarb'which hall „et affect its validity. upe„ c,ccutic„_
this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, represe„tatia„n,,
agreements, or promises, oral or Otherwise, not printed or inserted herein. This Agreement cannot be changed by
any ,ncanb cthe; than w, ittc„ anted„te„tb ,eferc„ci„r, this Ar;cc,t,ent a„ d yip„cd by all pa,tic3.
Sl.JDHNJluVbK WAILX
MANAGEMENT DISTRICT
BY:
A—. b. Snmt m, rn.u., t, =,,G- L.. CIM (U. a„3:r,..,,,,)
Date:
Ul l Y Or A l LAIN 1 It- tjhACrI
13y:
Typed Nau,e a1ld'1'41e
Date:
Attest:
typCa NZI—C aL,a t ttl
Attaenn,e„ t�,:
Attachment A — Statement of Work
Attachment B — Project Progress Report Form
Attaelu„Cut U — lli�tfkl Suppir,urntal l„�teuct,vu5 Fvrt„
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Contract #33191
Ai iAuti iEty i A STATEiviENT OF WORK
SEPTIC TO SEWER CONVERSiviv PRuaECT
I. Ito i mOij uC i IOivBACKGmO uNij
The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative
rivgia,,, ,,, Vi3cal YCut (1,Y) /_018-ZO19 m dcvclot, mid ,,,,1/17,,,7„1 m3c;u,cc and waici s.pply development
projects and promote conservation. On April 10, 2018, the 1)istiict's Gvverning tioaia app;ovea lu„di„g mi
Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more
of tl,c Coir 1,,i33i0„3, mcludi„g varmi Supply, wa17i quality, „aiu,al systems or flood mitigation.
The City of Atlantic Beach (Recipient) requested funding for their Septic to Sewer Conversion project (Project)
fvi the „vt m cieecd an,ou„i of $13/-,3/-3 Mwai & ih7 U31imat7d const, action cost of $400,980. This request was
approved by the Governing Board. The Recipient is located it, Ut,val Cou„ ty.
II. OD;TEC I IVES
The objective of this contract is to provide cost share dollars that will enable the Recipient to convert existing
3CIjU7 5yn1C7m3 m 7iiAi„g giavity 57w7i 5y5r,n3. The Project area is located o„ the Marsh Preserves that are
adjacent to the Intracoastal Waterway.
ill. SuOrE yr wOxn
The Project includes the abandonment of 14 existing septic tanks on small urban lots and the extension of the
ci.i51ing giavity scwc, systcn, m i„cludc foul undcvcloped lots that ca„ also be serviced by sewer.
IV. PROJECT ADMINISTRATION AND DELIVERABLES
i he Recipient �,naii be ,e�,pvinibic tor the twinwing:
• CMnl,lcic and obtam final r,iojcct dc5igii; cm,3irumion plass, and specifications;
• Obtain all required permits, including right of access to the project sites, related to project construction
a„d 3ub3cquc„ t orciaiio„ aid ,nai„m„a„cc vfihc comnr,lcmd 'Volk;
• Assure compliance with all permits and permit conditions;
• Provide procurement for project construction,
• Frilvim �,upr viaivu and impcctivii oI comt,uctiv,,,
• rc,fviill 77in3t,u7t,7jn Cvntiact ad,,,l,nsiiat,vn;
• Assure compliance with cost accounting practices and procedures required for reimbursement of cost
Shaic fu„d5 7,,yc„d7d.
The Recipient shall provide the following to the District's Project Manager:
• Timely invoices for actual construction costs in acco,dance witn tni�, Mo ,t �,na,c agree,neM t (i.e.
quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the total work
coat and is 3Ccki„8 f6inbue3cc,ncc„t up to the match a,,,vu„i) iv 7„ab17 Ympm review by the District's
Project Manager prior to payment authorization. Deiiveiabies to be aubndttea with invoices i„cluae:
o List of addresses and types of the properties connected, as well as proof of connection for
cach r,ior,crty, a3 cvidc„ccd by rc;pic5 of i„voicc5 foe the co„necdmis by a licensed plumber
or a utility contractor or building Contractor, or certiticatim, by a Licc„�,ed Y, oIeaaio„al
Engineer.
• Quarterly progress reports identifying project progress to date; key milestones ,eacnea, overall project
schedule versus time for project completion, an updated spend -down plan, key issues to be resolved,
pmjcct coot, uction photon. yualtcily erpmta Jhall alao be emailed m the Ui3w;C; 'S Budgct Specialist at
hnbarber(cUsjrwmd.com.
Contract #33191
• Certif ration of construction completion by a Professional Engineer registered in the state of Florida.
The Recipient shall ensure the task in the Task Identification suction auto W i5 crimplctc;d.
V. 1ASK Il EIN I IV ICA1lutV Atv1J t ttvth vRAtviES
The expiration date of this cost share agreement is September 30, 2019. The projected schedule is as f6ttow5:
VI. BUDGET/COST SCHEDULE
For satisfactory completion of the rrojcet, tnc, ui5triet Shall pay K zipik,„t approximately 33% of the total
construction cost of the Project, but in no event shall the District's cost-shato o.&eeoa $ tj2,jzj. it i5 antiCipatod
that all Work Shall bc co,..pleted in FY 2018-19.
Recipient shall invoice the District quarterly with appropriate docutnontation. t ate rmicet tvlanarur
Shall provide a„ invm= template that will be used. Invoices shall include a copy of the contractor's invoices
submitted to the xeeipient, ptoof of paytnunt by tcueipiu„t, mid other required supporting documentation for
reimbursement up to match amount. For in-house expenses, Recipient shaft ptoviao eopic5 of alt rczc;ipt5 ft;,
t,tatutial5 mid a 5y5rm eport showing documentation of staff time or other proof of staff time expenses for tho
Project. t tto tntat invoieu 5ltatt Dc; Submitted With the f„al vi vicrt report. If the total actual cost of this project is
less than originally estimated, the District's cost -share amount shaft no rcaueoa aeeorain8ty. x�-,oipiu„t t,tay
i„voi7u ,t,oro f,o,tuemly submitting all required documentation and include general status information.
Rucipient stay invoiCu the 1Ji5ttiCt fo, rroPet 7on5tru7tkon work beginning October 1, 2018.
Rccivicnt shall submit quarterly progress reports to the District's Project Manager and the District's Buagot
Specialist within tj aay5 oftnc; c„ d of,tumwt fol Work acco...ylished during each quarter. The email address for
the District's Budget Specialist is tar er(�strwm .coat. t ho Ke�kpic„t 5na11 5ub,t,it a f„al ytojket report
Within 15 days of Final Completion and acceptance by City of Atlantic Beach detailing the Project's
accotttpti5timcitt5 alta arty i55uc5 rc;5olvud duri„r, th,, eour5e of the work.
E5ti,t,a cd Cost Schedule for Reimbursement
FY 18-19 (10/1/2018 — 9/30/2019)
AutiL-ipatca
A„tl..ipated
Task Description
Start Date
Com letiv„ Date
Abandon 14 septic tanks, extend sewer linos to uAi6tmg gravity
JZ811V
9/30/19
sewer lines and connection of the properties to the sewer lines.
VI. BUDGET/COST SCHEDULE
For satisfactory completion of the rrojcet, tnc, ui5triet Shall pay K zipik,„t approximately 33% of the total
construction cost of the Project, but in no event shall the District's cost-shato o.&eeoa $ tj2,jzj. it i5 antiCipatod
that all Work Shall bc co,..pleted in FY 2018-19.
Recipient shall invoice the District quarterly with appropriate docutnontation. t ate rmicet tvlanarur
Shall provide a„ invm= template that will be used. Invoices shall include a copy of the contractor's invoices
submitted to the xeeipient, ptoof of paytnunt by tcueipiu„t, mid other required supporting documentation for
reimbursement up to match amount. For in-house expenses, Recipient shaft ptoviao eopic5 of alt rczc;ipt5 ft;,
t,tatutial5 mid a 5y5rm eport showing documentation of staff time or other proof of staff time expenses for tho
Project. t tto tntat invoieu 5ltatt Dc; Submitted With the f„al vi vicrt report. If the total actual cost of this project is
less than originally estimated, the District's cost -share amount shaft no rcaueoa aeeorain8ty. x�-,oipiu„t t,tay
i„voi7u ,t,oro f,o,tuemly submitting all required documentation and include general status information.
Rucipient stay invoiCu the 1Ji5ttiCt fo, rroPet 7on5tru7tkon work beginning October 1, 2018.
Rccivicnt shall submit quarterly progress reports to the District's Project Manager and the District's Buagot
Specialist within tj aay5 oftnc; c„ d of,tumwt fol Work acco...ylished during each quarter. The email address for
the District's Budget Specialist is tar er(�strwm .coat. t ho Ke�kpic„t 5na11 5ub,t,it a f„al ytojket report
Within 15 days of Final Completion and acceptance by City of Atlantic Beach detailing the Project's
accotttpti5timcitt5 alta arty i55uc5 rc;5olvud duri„r, th,, eour5e of the work.
E5ti,t,a cd Cost Schedule for Reimbursement
FY 18-19 (10/1/2018 — 9/30/2019)
-lu-
Estimated
Estimated
Description
1 ash. AmVunt
KEttunuR aetttent Amount
Abandrij, 14 5ept,7 to„k5, e,-,rnd Sewer lines to existing
$400,980
$132,323
gravity sewer lines and connoetkon of the p,opc;rtic5 to u,e
sewer lines
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at. johns River water Management District
Project Progress Report
Contract/Project Identification
Project Name:
Recipient:
SIRWMD Contract Numbe,:
Construction Schedule
Construction Start Date:
Con.,t, uct:on Compiaio„ Mato:
Contract cxpiration Date:
is to Sewer Conversion Project
of Atlantic tseacR
ii1J1
Co.t-.-)li..re tsuaget
Total Cost -Share Budret:
Cost-3hare Amount Expended 10 -date:
Spend-uo :e Plan
Al IAV1ivl Eldt is
PROJECT PROGRESS REPORT
Date:
Report (Cumber:
SIRWMD rroject Manager: JCarol G. Brown, rE
Recipient's Project Manager: Kayle Moore
Reportin5 Period
Berinnins Date:
ending Date:
Co.,t-aMara Amount E vanaea I Ris rerioa:
Percent Cost -Share Budget Expended:
l,Dutiact 4331y1
riscai tear L Fiscal Year 2
Reimbursement# Anticipated Amount Anticipated Date Reimbursement# AnticipatedAmou„t Anticipated Date
I i
2 2
3 J
u 4
PrMart Roarlinacc and vharlula . rarkino
Complete Start Date Completion Current
aFe :n in ' Cempi..t- 3 e €. uat. nnewe in Cer.ent Start Cempletien
Project Phase Ap,livaron Cance dit Ap,.ilco[ior. A,.,.li-t;e„ ILt, D -t' Notes: Explain anticipated deviations from schedule
Planning
Design
Permitting
Qidding & Award
.�.... rnoc.r r. nn Taclrc/Milactnnac/rtaliwo—hloc
task rvumber
Tasks/Milestones/Deliverables
1 ot..l
Construction
90 Complete
Start Date Shown
in avvv
Completion Date
ane : in aOw
Ce, .tat ,tr)-t.
Can-mt Com, 1,tlo..
Date
1
Include digital photographs of work accomplished durinr, reportin5 peroid. Attach an additional pabe of notes F nact-,sar t. e;�ptein re,.3.ns For lateness or
unusual events or circumstances.
Contract #33191
ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample)
DISTRicr SUPPLEMENTAL INSTRUCTIONS #
TATE:
TO: Kayle Moore
City of Atlantic. Beach
800 Seminole Road
Atlantic Beach, F L 32233
FROM: Garel C;, Brown, PE, Project Manager
CONIRACT NUMBER: 3319I
CONTRACT TITLE.: Septic to Sewer Conversion Project
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with
the Conti -act Documents without change in the Contract Sum or Contract Timu. Prior to proceeding in accordance
with these instructions, indicate your acceptance of these instructions for minor adjustments to the work as
consistent with the Contract documents and R'etu to the Distriet's roject Manager.
I . RECIPIENT'S SUPPLEMENTAL
2. DESCRIPTION OF WORK TO BE CI IANOED:
3. DESCR PTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS,
Recipient'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:
( agrees to implement the Supplemental instructions as requested, but reserves the right to ,eek a Change Order
in accordance with the requirements of the Agreement.)
Approved: bate:
Carol G. Brown, FE, District Project Manager
Acknowledged: Date:
Carol Taylor Miller, CPPD, District Senior Procurement Specialist
c: Contract file
Financial Services
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