HomeMy WebLinkAbout1064-Agrmt for Mill Creek Pond Contract #SI370AA
Resolution 2004 -02
AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF SANFORD
FOR THE MILL CREEK RECLAIMED WATER STORAGE POND PROJECT
(CENTRAL FLORIDA AQUIFER RECHARGE ENHANCEMENT PROJECT)
THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT ( "the District'), whose address is 4049 Reid
Street, Palatka, Florida 32177, and CITY OF SANFORD ( "City "), whose address is P. O. Box 1788,
Sanford, Florida 32772 -1788.
WITNESSETH THAT:
WHEREAS, the District is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical boundaries
encompass City; and
WHEREAS, pursuant to the District's Water Supply Assessment 1998, the District identified
certain Priority Water Resource Caution Areas, which include the area subject to this Agreement; and
WHEREAS, the District Water Supply Plan 2000, potential alternative water supply sources and
strategies were identified to prevent the occurrence of water supply shortages that would occur in the
absence of implementation of these strategies; and
WHEREAS, the District and the City have implemented the "Mill Creek Reclaimed Water
Storage Pond Project" in order to address the development of alternative sources of water supply and
promote conservation of the water resources through implementation of water conservation and the use of
reclaimed water; and
WHEREAS, the parties have cooperatively developed the project further described below to
accomplish the above - stated objectives.
WHEREAS, the District is committed to the opportunity for diversity in the performance of all
procurements, and expects its prime vendors (contractors and suppliers) to make good faith efforts
to ensure that women and minority -owned business enterprises (W/MBE) are given the opportunity for
maximum participation, as the prime, second- and lower -tier participants; and
WHEREAS, the District will assist its vendors (contractors and suppliers) by sharing information
on W/MBEs to encourage their participation.
NOW THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of
this Agreement, and the payments herein specified, which the District agrees to make, City agrees to
furnish and deliver all materials, to do and perform all work and labor required to be furnished and
delivered, done and performed to convert a borrow pit pond into a water storage pond, Contract
#SI370AA ( "the Work "). City agrees to complete the Work in conformity with this Agreement and all
attachments and other items specifically incorporated by reference are part of this Agreement as fully and
with the same effect as if set forth herein.
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Contract #SI370AA
Resolution 2004 -02
This Agreement consists of the following documents, including all modifications incorporated
therein before their execution: Agreement; EXHIBIT "A" - Statement of Work; EXHIBIT `B" —
Schedule of Values; and all attachments hereto.
ARTICLE I - TERM, SCHEDULE AND TIME OF PERFORMANCE
A. Term. The term of this Agreement shall be from the Effective Date to the Completion Date.
1. Effective Date The Effective Date of this Agreement shall be the date upon which the last
party to this Agreement has dated and executed the same; provided, however, that in the
event a date other than the aforesaid is set forth below in this section, that date shall be the
Effective Date.
2. Completion Date The Completion Date of this Agreement shall be no later than 36 months
from the Effective Date hereof, unless extended by mutual written agreement of the parties.
All Work under this Agreement shall be completed for use no later than the Completion
Date.
B. Schedule of Work City shall commence the Work:
[ X ] Within fifteen (15) days after the Effective Date.
This date shall be known as the "Commencement Date." City shall prosecute the Work regularly,
diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the
Statement of Work and the time stated for completion therein. The time stated for completion
shall include the final cleanup of the premises, as applicable. A fifteen (15) day period has been
included in the allotted time for completion to allow for mailing of this Agreement and City's
submission of any required submittals. City will not be allowed to commence the Work until any
required submittals are received and approved.
C. Time is of the Essence The Commencement Date and Completion Date are essential conditions
hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where
additional time is allowed for the completion of the Work, the new time limit shall also be of the
essence.
ARTICLE II - STATEMENT OF WORK AND DELIVERABLES
A. Deliverables The Work is specified in the attached Statement of Work. City shall deliver all
products and deliverables as stated therein. City is responsible for the professional quality,
technical accuracy, and timely completion of the Work. Both workmanship and materials shall be
of good quality. City shall, if required, furnish satisfactory evidence as to the kind and quality of
materials provided. Unless otherwise specifically provided for herein, City shall provide and pay
for all materials, labor, and other facilities and equipment as are necessary for the performance of
the Work. The District's Project Manager shall make a final acceptance inspection of the
deliverables when they are completed and finished in all respects in accordance herewith. The
parties may at any time agree in the form of a written amendment to make changes within the
general scope of this Agreement to the Work to be provided hereunder. Neither party shall
unreasonably withhold consent to any such amendment.
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Resolution 2004 -02
B. Progress Reports When requested, City shall submit quarterly progress reports to the District's
Project Manager in a form approved by the Project Manager. The progress report shall provide an
updated progress schedule with each payment request, taking into account all delays, changes in
the nature of the Work, etc. In addition to hard copies, all written deliverables (reports, papers,
analyses, etc.) shall be submitted in machine - readable form in formats consistent with the
District's standard software products. The District's standard office automation products include
the Microsoft® Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be
accepted if mutually agreed upon by the District's Project Manager and chief information officer.
Timely submittal of progress reports shall be a condition precedent to payment of invoices.
C. Ownership All deliverables are the property of the District, including Work that has not been
accepted by the District, when the City has received compensation, in whole or in part, for the
performance of the Work. All specifications and copies thereof furnished by the District are
District property. They shall not be used on other work and, with the exception of the original
plans and specifications, shall be returned to the District upon request after expiration or
termination of this Agreement. Any source documents or other documents, materials, reports, or
accompanying data developed, secured, or used in the performance of this Agreement are District
property and shall be safeguarded by City. The original documents or materials, excluding
proprietary materials, as outlined in the Statement of Work, shall be provided to the District upon
the expiration or termination of this Agreement, or upon request. City shall include language in
all subcontracts that so provides.
ARTICLE III - COMPENSATION
A. Amount of Funding For satisfactory performance of the Work, the District agrees to pay City a
sum in the amount not to exceed $480,000, or fifty percent (50 %) of the total project cost,
whichever is less. In the event the project is completed below the contracted price, District shall
reimburse the City the amount of the remaining funds provided for in this contract. Provided,
however, the amount reimbursed shall not exceed the lesser of 1) 50% of the total project cost or
2) the total value of that portion of the as -built project that is eligible for Florida forever funding.
B. Invoicing Procedure All invoices shall be submitted to the St. Johns River Water Management
District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177.
The City shall submit itemized quarterly invoices based on a percentage of the amount paid by
the City. The percentage shall be calculated based on the amount allocated by the District
divided by the amount of the construction contract represented by the Schedule of Values,
"Exhibit B ", attached hereto and by reference made a part hereof. Each invoice shall be
submitted in detail sufficient for a proper pre -audit and post -audit review and shall comply with
the document requirements described in Comptroller Memorandum, dated attached hereto and
made a part hereof as Attachment "1" to this agreement.
All payment requests submitted by the City shall include the following information:
1. Contract number.
2. City's name and address (include remit address if necessary)
3. Name of District's Project Manager
4. Name of the City's Project Manager
5. Cost data (utilize the appropriate method for payment request per the contract)
(a) Supporting documentation and copies of invoices if cost reimbursable
6. Progress Report (as per contract requirements)
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Resolution 2004 -02
Diversity Report (The report shall include company names for all W/MBEs and amounts
spent with each at all levels. The report will also denote if there were no W /MBE
expenditures.)
The above information and reports shall be submitted by the City and approved by the District as
a condition precedent to payment. Payment requests that do not correspond to the Project Budget
or other requirements of this paragraph will be returned to the City without action within twenty
(20) business days of receipt and shall state the basis for rejection of the invoice. Payments for
construction contracts shall be made within twenty -five (25) business days of receipt of an
invoice that conforms to this Article. Payments for all other contracts shall be made within forty -
five (45) days of receipt of an invoice that conforms to this Article.
C. Payments. The District shall pay City one hundred percent (100 %) of each approved invoice.
Payment for expenses may be applied to up to fifty percent (50 %) of eligible costs not to exceed
$480,000 and will be made following submission of documentation of City's payment to the
contractors and upon verification of satisfactory completion of the Work.
D. 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 of City to
make payments when due to subcontractors or suppliers for materials or labor; (3) the District's
determination that the Work cannot be completed for the remaining or unpaid funds; (4) failure to
maintain adequate progress in the Work; (5) damage to another contractor; or (6) 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.
E. Forfeiture of Final Payment City shall submit the final invoice to the District not later than 90
days after the Completion Date. CITY'S FAILURE TO SUBMIT THE FINAL INVOICE TO
THE DISTRICT WITHIN THE TIME FRAME ESTABLISHED HEREIN SHALL BE A
FORFEITURE OF ANY REMAINING AMOUNT DUE UNDER THE AGREEMENT.
F. Travel In the event the cost schedule for the Work includes travel costs, travel expenses must be
submitted on District or State of Florida travel forms. The District shall pay City all travel
expenses pursuant to the District's Administrative Directive 2000 -02. Travel expenses shall not
be considered additional compensation, but shall be drawn from the amount provided in the
project budget.
G. Release Upon the satisfactory completion of the Work, the District will provide a written
statement to City accepting all deliverables. Acceptance of the final payment shall be considered
as a release in full of all claims against the District, or any of its members, agents, and employees,
arising from or by reason of the Work done and materials furnished hereunder.
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to the Agreement is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers, employees, and
agents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla. Star., as
amended. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by
any party hereto.
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Resolution 2004 -02
B. Each party shall also acquire and maintain throughout the term of this Agreement such general
liability, automobile insurance, and workers' compensation insurance as required by their current
rules and regulations.
ARTICLE V - FUN DING CONTINGENCY
A. This Agreement is at all times contingent upon funding, 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 (1) year are subject to annual appropriation of funds, in the sole discretion and
judgment of the District's Governing Board, for each succeeding year. Should the Work provided
for hereunder not be approved, in whole or in part, for funding by an external funding source, or
the Governing Board in succeeding years, the District shall so notify City, and this Agreement
shall be deemed terminated for convenience in accordance with TERMINATION FOR
CONVENIENCE five (5) days after receipt of such notice, or within such additional time as the
District may allow.
B. Funding for this Agreement is contingent upon approval of Florida Forever Act funds
administered by the District in compliance with the terms and conditions of the Act.
ARTICLE VI - PROJECT MANAGEMENT
A. Project Managers The project managers shall be responsible for overall coordination, oversight,
and management of the Work. The parties agree to the following persons being designated as
Project Manager:
DISTRICT
J. Fitzgerald, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
(386)329 -4876
E -mail: jfitzgerald@sjrwmd.com
CITY
William Marcous, Project Manager
City of Sanford
P. O. Box 1788
Sanford, Florida 32772 -1788
(407) 330 -5649
B. District Project Manager The District's Project Manager shall have sole and complete
responsibility to transmit instructions, receive information, and communicate District policies and
decisions regarding all matters pertinent to performance of the Work. The District's Project
Manager shall have the authority to approve minor deviations in the Work that do not affect the
Total Compensation or the Completion Date. The District's Project Manager and, as appropriate,
other District employees, shall meet with City when necessary in the District's judgment to
provide decisions regarding performance of the Work, as well as to review and comment on
reports.
C. Change in Proiect Manager Either party to this Agreement may change its project manager by
providing not less than three (3) working days prior written notice of the change to the other
party. The District reserves the right to request City to replace its Project Manager if said
manager is unable to carry the Work forward in a competent manner or fails to follow instructions
or the specifications, or for other reasonable cause.
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Resolution 2004 -02
D. Supervision City shall provide efficient supervision of the Work, using its best skill and
attention.
E. Notices All notices to each party shall be in writing and shall be either hand - delivered or sent via
U.S. certified mail to the respective party's project manager at the names and addresses specified
above. All notices shall be considered delivered upon receipt. Should either party change its
address, written notice of the new address shall be sent to the other parties within five (5)
business days. Except as otherwise provided herein, notices may be sent via e -mail or fax, which
shall be deemed delivered on the date transmitted and received.
ARTICLE VII - TERMINATIONS
A. Termination for Default. This Agreement may be terminated in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this Agreement
through no fault of the terminating party, provided that no termination may be effected unless the
other party is given: (1) not less than ten (10) calendar days written notice delivered by certified
mail, return receipt requested, and (2) an opportunity to consult with the other party prior to
termination and remedy the default.
B. Termination for Convenience. This Agreement may be terminated in whole or in part in writing
by the District, provided the City is given: (1) not less than thirty (30) calendar days written
notice by certified mail, return receipt requested, of intent to terminate, and (2) an opportunity for
consultation prior to termination.
C. If termination for City's default is effected by the District, any payment due to City at the time of
termination shall be adjusted to cover any additional costs to the District because of City's
default. In the event the Work is not completed as a result of City's default, City shall refund to
the District all funds that have been paid to City pursuant to this Agreement. If termination for
the District's default is effected by City, or if termination for convenience is effected by the
District, an equitable adjustment shall provide for payment of all services, materials, and costs,
including prior commitment incurred by City, up to the termination date.
D. Upon receipt of a termination action under paragraphs "A" or `B" above, the City shall:
1. Promptly discontinue all affected work (unless the notice directs otherwise), and
2. deliver or otherwise make available all data, drawings, specifications, reports, estimates,
summaries, and such other information and materials as may have been accumulated by
City in performing this Agreement, whether completed or in process.
E. Upon termination under Paragraphs "A" or `B" above, the District may take over the Work or
may award another party a contract to complete the Work.
F. If, after termination for failure of City to fulfill contractual obligations, it is determined that City
had not failed to fulfill contractual obligations, the termination shall be deemed to have been for
the convenience of District. In such event, the adjustment of compensation shall be made as
provided in Paragraph "C" of this section.
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Resolution 2004 -02
ARTICLE VIII - MISCELLANEOUS PROVISIONS
A. Assignment and Subcontracts City shall not sublet, assign, or transfer any Work, in whole or
in part, or assign any moneys due or to become due hereunder, which involve more than fifteen
percent (15 %) of the total cost of the Work, without the prior written consent of the District. As
soon as practicable after signing this Agreement, but in no event not less than ten (10) calendar
days prior to the effective date of any such subcontracts, City shall notify the District's Project
Manager in writing of the names of such subcontractors. City shall not employ any such
subcontractors until they are approved in writing by the District, which approval shall not be
unreasonably withheld. Upon receipt of such consent, when a written work product is involved,
City shall cause the names of the firm(s) responsible for such portions of the Work to appear
thereon. City shall provide the District with an executed copy of any such subcontracts within ten
(10) calendar days after the effective date of the subcontract. Neither District approval of a
subcontractor nor any other provision of this Agreement shall create a contractual relationship
between any subcontractor and the District.
City shall be responsible for the fulfillment of all Work elements included in the subcontracts and
shall be responsible for the payment of all monies due under any subcontract. City shall be as
fully responsible to the District for the acts and omissions of its subcontractors, and of persons
either directly or indirectly employed by them, as it is for its own acts and omissions. City shall
hold the District harmless from any liability or damages arising under or from any subcontract to
the extent allowed by law. Nothing herein shall create any contractual relationship between any
subcontractor and the District.
B. In -kind Services. Through this Agreement, City agrees to provide $1,251,038 in the form of
matching funds and in -kind services for this project. In the event project costs exceed this
amount, City shall be responsible for providing any additional funding required to complete the
project.
C. Interest of City City 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 City
to be conducted hereby, and that no such person shall have any such interest at any time during
the term of this Agreement.
D. Independent Contractor City is an independent contractor. Neither City nor City's employees
are employees of the District. City shall have the right to control and direct the means and
methods by which the Work is accomplished. City may perform services for others, which solely
utilize its facilities and do not violate any confidentiality requirements of this Agreement. City is
solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents,
and employees, and shall indemnify and hold the District harmless from any failure to comply
with such laws. City's duties with respect to itself, its officers, agents, and employees, shall
include, but not be limited to: (1) providing Workers' Compensation coverage for employees as
required by law; (2) hiring of any employees, assistants, or subcontractors necessary for
performance of the Work; (3) providing any and all employment benefits, including, but not
limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and
disability insurance; (4) payment of all federal, state and local taxes income or employment taxes,
and, if City is not a corporation, self - employment (Social Security) taxes; (5) compliance with the
Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance
with the requirements of said Act; (6) providing employee training for all functions necessary for
performance of the Work; (7) providing equipment and materials necessary to the performance of
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Contract #SI370AA
Resolution 2004 -02
the Work; and (8) providing office or other facilities for the performance of the Work. In the
event the District provides training, equipment, materials, or facilities to meet specific District
needs or otherwise facilitate performance of the Work, this shall not affect any of City's duties
hereunder or alter City's status as an independent contractor.
E. Non Lobbying. Pursuant to Section 216.347, Fla. Stat., as amended, the City hereby agrees that
monies received from the District pursuant to this Agreement will not be used for the purpose of
lobbying the Legislature or any other state agency.
F. Conflicting Employment City certifies that at the time of execution of this Agreement, it has no
retainer or employment agreement, oral or written, with any third party relating to any matters
that adversely affect any interest or position of the District. During the term of this Agreement,
City shall not accept any retainer or employment from a third party whose interest appears to be
conflicting or inconsistent with that of the District. Notwithstanding the foregoing, City may
accept retainers from or be employed by third parties whose interest appears conflicting or
inconsistent with that of the District if, after full written disclosure of the facts to the District, the
District determines that the apparent conflict shall not interfere with the performance of the
Work.
G. Civil Rights Pursuant to Chapter 760, Fla. Stat., City shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin,
age, handicap, or marital status.
H. Audit: Access to Records City agrees that the District or its duly authorized representatives
shall, until the expiration of three (3) years after expenditure of funds hereunder, have access to
examine any of City's books, documents, papers, and other records involving transactions related
to this Agreement. City shall preserve all such records for a period of not less than three (3) years.
Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of
audit examination not to constitute allowable costs. City shall refund any such reduction of
payments. All required records shall be maintained until an audit has been completed and all
questions arising from it are resolved. City will provide proper facilities for access to and
inspection of all required records.
I. Release of Information Records of City that are made or received in the course of performance
of the Work may be public records that are subject to the requirements of Chapter 119, Fla. Stat.
In the event City receives a request for any such records, City shall notify the District's Project
Manager within three (3) workdays of receipt of such request. 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.
Royalties and Patents Unless expressly provided otherwise herein, City shall pay all royalties
and patent and license fees necessary for performance of the Work and shall defend all suits or
claims for infringement of any patent rights and save and hold the District harmless from loss on
account thereof, provided, however, that the District shall be responsible for all such loss when
the utilization of a particular process or the product of a particular manufacturer is specified by
the District. If City at any time has information that the process or article so specified is an
infringement of a patent, it shall be responsible for such loss unless it promptly provides such
information to the District. City hereby certifies to the District that the Work to be performed
pursuant to this Agreement does not and will not infringe on any patent rights.
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Resolution 2004 -02
Truth -in- Negotiations. This provision applies only to lump sum or cost- plus- a- fixed-
fee contracts entered into in excess of $150,000 (see section 287.055(5)(a), Fla. Stat.).
(architect, registered surveyor and mapper or professional engineer) certifies that wage
rates and other factual unit costs supporting the compensation are accurate, complete, and
current at the time of contracting. The original contract price and any additions shall be
adjusted to exclude any significant sums by which the District determines the contract
price was increased due to inaccurate, incomplete, or noncurrent wage rates and other
factual unit costs.
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 the
City 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.
ST. JOHNS RIVER WATER MANAGEMENT CITY OF SANFORD
DISTRICT
By: e1S �c
Kirby S. Green III, xutive Director
B y ,
Date: zgzUas Date:
APPROVED BY THE OFFICE OF GENERAL
COUN E
6 "ISPar i ley J. Niego, Sr. 4ssistant G eneral Counsel
Documents attached:
Typed Name and Title
g.
` , r/
I /
Typed Name and Title
Exhibit A - Statement of Work
Exhibit B — Schedule of Values
Attachment 1 — Comptroller Contract Payment Requirements
Attachment 2 — District's Supplemental Instruction (DSI)
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Resolution 2004 -02
EXHIBIT "A" — STATEMENT OF WORK
CENTRAL FLORIDA AQUIFER RECHARGE ENCHANCEMENT (CFARE) PROJECT
CITY OF SANFORD
MILL CREEK RECLAIMED WATER STORAGE POND PROJECT
I. INTRODUCTION/BACKGROUND
The central Florida area of the St. Johns River Water Management District ( "District') includes the
counties of Brevard, Flagler, Lake, Marion, Orange, Seminole and Volusia. The Central Florida Aquifer
Recharge Enhancement (CFARE) project falls within the central Florida area and consists of three phases,
each of which include multiple parts, some of which include construction. The requested Florida Forever
funds within Resolution No. 2004 -02 and any subsequent amendments will be used for Phase -I and
Phase -III construction. The three phases of CFARE are briefly described below.
Phase I: Recharge Well Demonstration. The purpose of this phase is to demonstrate the use of
recharge wells for net aquifer improvement. Net improvement may include increased recharge volume
without increased aquifer contamination or decreased aquifer contamination while preserving existing
artificial recharge rates.
Phase II: Recharge Enhancement Evaluation and Design: This phase of the project evaluates the
feasibility of using stormwater and reclaimed water for artificial recharge enhancement. Studies
completed during this phase include:
• "Feasibility Study - Managing Surplus Reclaimed Water Using Storage and Recharge for the
Cities of Apopka, Winter Garden, and Ocoee ", Boyle Engineering Corporation, July 2003.
• "North Seminole Regional Reclaimed Water and Surface Water Augmentation System Expansion
and Optimization Study ", CPH Engineers, Inc. September 2004.
• "Central Florida Aquifer Recharge Enhancement, Phase 2 Project', PB Water, September 2004
These studies were completed under cooperative agreements between the District and participating local
governments. The studies identified feasible projects extending over several years and requiring extensive
coordination, cooperation and commitment on the part of all stakeholders to implement the projects.
Phase III: Implementation of Artificial Recharge Enhancement Projects. Projects identified and
prioritized in Phase B are to be implemented in Phase III. It is anticipated that Florida Forever funds will
be used in fiscal year 2004 -2005 and beyond, for cooperative funding of construction of sub - regional
reuse and recharge projects in Orange and Seminole Counties. City of Sanford (City) is the lead agency
on this project.
II. OBJECTIVES:
The project will achieve the following objectives:
Increase the availability of reclaimed water for the Mayfair Golf Course and Seminole
Community College irrigation using the storage capacity of the existing isolated pond
Increase reclaimed water flows and pressures to overcome current hydraulic deficiencies and
improve the reliability of the reclaimed water system to serve the two primary customers
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Resolution 2004 -02
• Improve the efficiency of reclaimed water usage by the golf course and college campus by
allowing irrigation during optimum time of day
• Increase the reclaimed water system's ability to meet peak dry season demands
• Enhance Floridan aquifer recharge
• Reduce wet weather discharges to the St. Johns River
III. SCOPE OF WORK:
This project converts an existing isolated 26 -acre borrow pit pond into reclaimed water storage for re-
pumping to augment the supply and increase system operating pressures at Seminole County College and
Mayfair Golf Course and improve system reliability. The pond volume is in excess of 250 million
gallons. Aquifer recharge is estimated at 280,000 gallons per day.
IV. TASK IDENTIFICATION:
The City shall be responsible for the following:
• Obtaining project final design, construction plans and specifications
• Procurement of competitive bids for project construction
• Providing a copy of the City's executed contract with the Contractor, for the construction of the
project to the District's Project Manager
• Providing copies of any subsequent change orders to the contract to the District's Project
Manager
• Obtaining all required permits, including right of way access to the project site, related to project
construction and subsequent operation of the facility
• Supervision and inspection of construction
• Construction contract administration
• Provide, to the District's Project Manager, the as -built drawings signed and sealed by the City's
Professional Engineer
• Complying with rules promulgated and adopted resulting from the Wekiva Parkway and
Protection Act, Chapter 2004 -384, Laws of Florida, and any subsequent legislative actions
• Complying with cost accounting practices and procedures required for Florida Forever funds
reimbursement (Attachment 1)
• Requesting reimbursement of construction costs eligible under the Florida Forever Act, Section.
259 -105 Fla. Star..
V. TIME FRAMES AND DELIVERABLES
• City shall commence work under the Agreement within fifteen (15) calendar days after the
effective date of the Agreement
• City shall provide the District with copies of the City's executed agreement with the Contractor,
for the construction of the project, within thirty (30) days of execution. The Schedule of Values,
together with the reimbursement percentage calculation, shall be incorporated into this agreement
as Exhibit B, using District Supplemental Instructions.
• City shall provide the District with copies of any subsequent change orders to the contract within
fifteen (15) days of execution.
• City shall complete the project, including all tasks defined in this Agreement, within 36 months
of the effective date of this agreement
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• City shall provide as -built drawings signed and sealed by the City's Professional Engineer within
sixty (60) days of completion of project.
VI. CONTRACT BUDGET
The estimated total project cost is $1,731,038. Estimated project cost eligible for Florida Forever funding
is $1,731,038.
District shall reimburse City up to 50% of total project cost, limited to an amount not to exceed $480,000.
District's share of project costs will be paid with Florida Forever funds associated with Resolution 2004-
02, and any subsequent Amendments.
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EXHIBIT °B"
SCHEDULE OF VALUES
TO BE ADDED BY DISTRICT SUPPLEMENTAL INSTRUCTION (DSI)
UPON RECEIPT OF DELIVERABLE
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Contract #S1370AA
Resolution 2004 -02
" 1"
Contract Payment D epartment of Banking and Finance, Bureau of Auditin ants
g
Cost Reimbursement Contracts g Manual (10 /07/97)
Invoices for cost reimbursement contracts must be su
(salary, travel, expenses, etc.)
r eimbursement is being upportin PPorted b
ng claimed indicating that the item has beeny an itemized hstin
copies of actual checks . must be gory
Supporting d ocumentation m g of expenditures b
provided for each Y cate
Each piece of documentation should clearly ' efl reflect the dates f o service aOnlunt for which
for categories in the approved contract budget should be reimbursed. y e, provided in lieu of
Listed below are examples of [ Y expenditures
ypes of documentation representing the mi
(I) Salaries: nimum requirements:
A Payroll register or similar documentation should be submitted. The
should show gross salary charges, fringe benefits, other deductions and net
individual for whom r eimbursement is being Payroll register
reflecting the hours worked times the rate of pa claimed is pay. If an
paid by the hour, cument
Fr
(2) Fringe Benefits: Y will be acceptable.
a doinge Benefits should be supported by invoices showing the amount
employee ill b e based on a s insurance premiums paid). If the contract specifically states that fringe
benefits will b specified Paid on behalf of the
benefits, then the calculation fop[he fringe benefits must be shown.
the actual cos[ of fringe
Exception: Governmental entities are not re
copies of checks for fringe benefits. quired to provide check
(3) Travel: numbers or
R eimbursement for travel must be in accordance with Section 1 12.061, Florida Statutes,
which includes submission of the claim on the approved Slate travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on
paid i nvoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Admin
for the contractor to purchase tangible personal property as defined istrative Code, re
that provide fined in Section
regarding the requirements for contracts which include services and
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In -house charges: Charges which may be of an internal reasonable. nature (e.g., ed. postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
(6) Indirect costs: If the contract specifies that indirect costs will be
calculation should be shown. paid based on a specified rate, then the
contract involving the Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
the agency receiving the cons act or grant y mo moneys shall S char a no Community
ore than 5
the total cost of the contract or grant for overhead or indirect cost or any system,
g percent of
required for the
Payment of direct costs. y other cost not
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Contract #SI370AA
DISTRICT ATT4 CHMENT21, Resolution 2004.02
SUPPLE SAM LEINSTRUCTION (DSI)
Date:
Contract name: CI Contract Number. SI3-
To:
From:
The Work shall be c Project Manager
accordance with the arced out m accordance
determined that the A greement. with the following
Y will not result in he Di Su strict's project manager, b Supplemental Instructions,
Proceeding in accordance with these a Chan y issuance
ge m the Total Co of these issued in
and return to the District's instructions or the Com instructions, has
Protect please indicate your acce Pletion Date.
manager, prance hereof Pry
Contractor's supplemental instructions: to
1. as Provided
ructions: Flow
2. Description of Work to be changed:
3. D escription of supplemental instruction requirements:
Approved:
District Project Manager
CONTRACTOR Date:
approval: (choose one of the items below)
Approved:
(It is agreed that these instructions shall not result Date:
Total Co mpensation or the Completion Date.) in a change m the
Approved:
(Contractor agrees to implement the Su
as requested, but reserves the ri pPlementa] Instructions Date: _
with the re quirements of the ght to seek a Change Order in
A greement.) accordance
Ac knowledged :
Connie Rozier, Contracts
Ad ministrator Date: _
cc: Financial Management
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