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Res 01-09FESOLUTION NC?, 01-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2408-2009 ALTERNATNE WATER SUPPLY FUNDING PROGRAM AGREEEMENT AND AUTHORIZING THE E~;ECUTION OF THE AGREEMENT. WHEREAS, THE City of Dekay Beaeh, Florida desires to approve the SFWMD 240$-2009 Alternative Water Supply Funding Program Agreement; and WHEREAS, the City Co~n.rnission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I . That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beaeh authorizes the entry into the SFWMD 2008-2409 Alternative Water Supply Funding Program Agreement and authorizes the execution thereof by its Mayor. PASSED AND ADOPTED in regular session on this 6`'' day of January, 2449. ~~ ~~ ATTEST: MAYOR ~yJ• City Clerk ~~,J /. T(J: Mayor and City Commissioners FRtJM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THR(JUGH: David T. Harden, City Manager DATE: December 12, 2008 SU87ECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JANUARY 6 20U9 RESOLUTION NO.01=091ALTERNATIVE WATER SUPPLY GRANTISOL~TH FLORIDA WATER MANAGEMENT DISTRICT (SFWMDI ITEM BEFC}~tE COMMISSIC}N This item is before the Commission to approve the 2048-2009 Alternative Water Supply Grant Agreement with the South Florida Water Management District (SFWMD), providing grant funding in the amount of $1,118,000 for the construction of the Area 11 Reclaimed Water System Project -Phase A Project #2008-048. BACKGROUND The City has completed Areas 1, 2, 3, and 4 as identified in the Reclaimed Water Master Plan {adopted in 2003}, The next area identified for supplying reclaimed water is Area 11, more specifically identified as the section on the Barrier Island north of Atlantic Avenue. The Area 11 reclaimed system will be designed as one project, however, due to the size of the project, construction will be split over two years. Hence, Area 11 will be subdivided into two areas, 11A and 11 B, respectively. Area 11A includes construction of the transmission system from the pump station (at NE 3~a St<NE 4th Ave) east to the Intracoastal, crossing at NE 1St St, and expanding the transrnissiontdistribution system from Lowry St north to Sea Spray Avenue. Area 11B involves expanding the system from Beach Drive north to George Bush Blvd. The City has been successful in its pursuit of SFVJ:MD grant funding in conjunction with the District's Alternative Water Supply Grant program over the past four years to help ~d our reclaimed water transmission system expansion. This is the first phase of the Area 11 system expansion which, when complete, will provide reclaimed service between Atlantic Avenue and George Bush Blvd. Phase 11A will generate approximately 0,234 mgd of additional reclaimed water demand which will reduce demand on the City's drinking water system by an equal amount. On May 20, 2008, Commission approved submission of a grant application to the SFVi~M]D. On September 29, 2008, the City received notification from the SFWMD that the City was awarded funding in the amount of $1,118,000; at a 40°lo funding level. The notification letter is attached for your reference. The next step in the grant process is to execute the grant agreement. Staff will start the bidding process in Tanuary, 2009 and construction will be complete by August, 2009. FUNDING SUUR.CE Funding for the City's portion of the project cost is available from #441-5181-536-65.96 {Water/Sewer FundlOther lmprovementslReclaimed Water Transmission). RECC}MMENDATI4N Staff recommends approval of the 2008-2009 Alternative Water Supply Grant Agreement with the South Florida Water Management District, providing grant funding in the amount of $1,118,000 for the construction of the Area 11 Reclaimed Water System Project -Phase A. ~. ` ~-T`__ _ ~OIJTH FL+CIRII~A ~~VATER ~~CANAGEII~ENT DISTRICT December 10, 2008 Mr. Richard Haska, P.E. DCrectar of Environmental Services City of Delray Beach 434 South Swinton Ave. Delray Beach, FL 33444 Dear Mr. Kaska: Subject. Contract # 460000'1677 FY2009 AWS -Project #LEC-86 Please find enclosed two (2} copies of the subject document. Please have them signed by an Cndividual with signature authority on behalf of your organization, PCease include documentation to demonstrate official deCegation of signature authority up to the contract monetary limits. PCease return both copies to my attention, along with, if app#icable and not previously submCtted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District {District). Note that this document is not binding an the parties until it is approved by the appropriate Cevel of authority within the District and executed by bath parties. Your cooperation and timely response will be greatly appreciated. ShouCd there be any questions, or Cf you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso~a sfwmd.gov {561 } 682-6378 FAX: (561 } 681-6275 BH Ijcs Enclosure c: Stacey Adams MSC-4362 3301 Gun Club Poad, West Patrn Beach, Florida 334{}& (56X) fi86-8800 PI. WATS 1-800-432-2045 Malting Address: I? C}. fox 24680, Chest Palm Beach, FL 334Th-4680 www.sfwmd.gov ~} ~L '~ SC}UTH FL(`~RrI.~A WATER MANAGEMENT DISTRICT 2008 -- 2009 ALTE~r:NATIVE WATER SUPPLY ' FU1~~DING PROGRAM Recipient: City of Delray Beach Recipient's Project Manager: Richard Hasko, P.E. Director cif Environmental Services Address: 434 South Swinton Avenue Delray Beach, FL 33444 Telephone No: {561) 243-1336 Fax No: {561)243-7464 SF~YMD Project Manager: Stacey Adams Telephone No,: {561) 682-2577 E-mail Address: sadanis~,7a sfwmd.gov Fax No.: {561) 682-2027 Contract Specialist: Shaxman Rose Telephone No.: (561) 682-216? Fax Now: {561) 682-5117 Address: 3301 Crun Club Road West Palm Beach, FL 33406 :~.greement''rr"~uhi ~;~~' ~60U0[1lG'77 Go~~erning 13oa~~d.~.pP~~oval llate: September 11, ?0(1$ lli,trict 1•'undin~;~~mouni: ~I,11$,000 ,, contract Term:_ October 1, 208 - Septen~bet• 31t,:~2009- ~I _ :a,~ _ i Insurance: Not Applicable Federal Em to er Identification Number: 59-6000308 Project Titie: FY2009AWS -Project LEC-86 Descrit~tion: Area 11 Reclaimed Water System -Phase A Agreement No. 46000{31677, Page 1 of 11 This Agreement is entered into between "the Parties," the South Florida Water .Management District, the "District", aild the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District, ARTICLE 1-PROTECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work,." attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.~ As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination ofthis Agreement. 1,3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work, Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D .Final Project Summary Report Exhibit E Federal/State Funding Resources ARTICLE 2 - TEAIVI C.}F TI:CE AGREE14TElYT 2. I The period of performance of this Agreement shall be the dates noted on the first page of this Agreement, 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION 1 CONSIDERATIC}N 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified atmount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent {64°~a} or more of the Project's construction cost, unless a different amount is authorized pursuant to Florida Statutes s. 373.196I(3}(e). Payment will be made by the District for work authorized and completed between {Jctober 1, 20Q8 and August 31, ~QQ9. The District will not reimburse the Recipient for work that commences prior to the start date of the Agreement or for work completed after August 3 1, 2009. Agreement No. 4644441677, Page 2 of 1 i 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A", By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work perforn~ted hereunder, including but not limited to, the adequacy or sufficiency of alI or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees nvt to use District funding for any work associated with the research, design and permitting aspects of the Project. District hands shall only be used for the construction activities described in Exhibit "A". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i,e,, testJproduction we11s, etc.} that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in fu11 force and effect for twenty {20} years from the date of contract execution, 3.5. Notwithstanding any provisions of this Agreement to contrary, the Distric# reserves the right, without financial or other penalty or obligation, to (1) cancel this Agreement and for {2} reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive alI or any state appropriation for alternative water supply from the State of Florida as provided in the State's 2009 fiscal year budget {HB SOO11Ch. 200&152, Laws of Florida), ARTICLE 4 -FUNDING PAXMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable{s) as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit "B". On or before December 31, 200$; March 31, 2009; and June 30, 2009, the Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C". Concurrent with delivery of each Project Status Report, the Recipient shall submit a reimbursement request upon completion of each Task. In addition, on or before August 31, 2009, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "1~", Concurrent with delivery of the final deliverable{s}, tl~e Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address; South Florida Water Management District AT~'N: Accounts Payable Pty Box 24682 West Palm Beach, FL 33416-46$2 The. Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each invoice to the Project Manager. The Recipient's reimbursement request shall contain the backup documentation required (e,g,, the request sha11 include, but is not Agreement No. 4b4444i677, Page 3 4f I I limited to, a copy of Recipient's invoice (include the District's Agreement Number and P.O. number}, signed certification letter an Recipient's letterhead (signed by an authorized representative of the Recipient), Tasks completed per the Agreement (if all Tasks are finished, a statement indicating that the Project is completed per the Agreement} and vendor invoiceslapplication for payment} for the Project Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" no latex than August ~ 1, 2009. Failure of the Recipient to fallow the instructions set forth in the Agreement regarding a proper invoice and acceptable services andlor deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request, New We11 Construction Projects. For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the Distr'act's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing {i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. Tf the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit ar permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public, Please contact Emily Richardson {S51} 582-4824, Emily.Richardson~sfwmd.gav, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular Project status reports (Exhibit "C") quarterly by December 31, 2008; March 31, 2009; and June 30, 2049. Reports shall provide detail on the progress of the Project, amounts expended to date per Task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District Project Manager via e-mail by the specified due date. In the event actual construction casts are less than the not-to-exceed amount for a particular Task stated in Exhibit "B", the Recipient will have the right to apply the unexpended balance toward another Task. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the not-to-exceed amount to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" for this Agreement. Agreement No. 4644445677, Page 4 of ~ 1 ARTICLE 5 -CONTRACT l1~iANAGEMENT 5.1 The Parties sha11 direct all matters arising in cannevtian with the performance of this Agreement to the attention of the Project Manager far attempted resolution or action. The Project Manager shall be responsible far overall coordination and oversight relating to the performance of this Agreement. 5.2 All natives, demands or other communications regarding this Agreement, other than those set faith in paragraph 4.2 above, sha11 lac in writing and forwarded to the attention of bath the Praject Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the Districts Agreement Number. ARTICLE b - TERMINATION I REMEDIES 6.1 It is the policy of th.e District to encourage good business practices by requiring Recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transavtion or performing au act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notive of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty {311} days to cure the breach. If the Recipient fails to cure the breach within the thirty (30} day period, the District shall issue a Termination for Default Notive. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-~, Part Ii of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, far what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law andJor equity. 6.2 The District may terminate this Agreement at any time for vanvenience upon thirty {30} calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, ar from time to time in part, whenever the District shall determine that suvh termination is in the best interest of the District. Any such termination shall be effected by delivery of a Native of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination Agreement No. 46{}{}{}{}i677, Page 5 of 11 becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the terniinatian date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, arad the cast of the mediation shall be borne equally by the Parties, The mediation process shall be confidential. to the extent permitted by law. b.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate thisAgreement immediately without notice in the event any of the representations contained in the Recipient's Project proposal are found to be false or if the Recipient fails to complete the construction and performance of ali work items described in Exhibit A, Statement of Work. ARTICLE 7 -RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows A. Maintenance of Records. The Recipient shall maintain all financial and non,finaneial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (S} years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five ~5} years from the date of final payment under this Agreement and upon reasonable notice, time and place, C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, A11 such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to Agreement Na. 4GOOt}41b77, Page fi of I I such records in compliance with the requirements of the Florida State Single Audit Act acid the Federal Single Audit Act, as follows: A. Maintenance of Records; The District shall provide the necessary information to the Recipient as set forth in Exhibit "E." B. The Recipient shall maintain all financiallnon-financial records through: {1) Identification of the state ar federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance {CSFA) or the Catalog of Federal Financial Assistance {CFDA), as applicable {3) Audit and accountability requirements far state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement {4) Auditlaccountability requirements For federal projects as imposed by federal laws and regulatians {5) Submission of the applicable single audit report to the District, as completed per fiscal year C. Examination of Records: The District ar designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General andlor federal awarding agency shall have the right to exaizzine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state ar federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE -STANDARDS OF COMPLIANCE 8.1 The Recipient, its ezzzployees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulatians relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief, as provided by law, shall be upon the Recipient. Agreement No. 464044 T 677, Page 7 of 11 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. B.S. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and canditians of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, ar is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the Drstrict's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests far proposals and. subcontracts related to construction of tlxis Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2009 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 31, 2009. 8,9 Recipient of funds for a reuse project shall provide a status report by August 31, 2009 addressing the following issues: (1} accounting of reclaimed water usage and method used (meters, etc.}3 (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform. the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4} providing the District with the location of each reuse facility awned by the Recipient. 8.10 This paragraph shall remain in. full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with ,the applicable water use permits}. In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this Project. This amount may be prorated based on the number of years the completed Project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future projects proposed by the Recipient, All other provisions of this Agreement shall terminate on September 30, 2009. Agreement hio. 4600401677, Page 8 of 11 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply Project and shall provide the District with a copy of such public education program on or before August 31, 2009. ARTICLE 9 -INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require Recipient to be liable for iirtentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained herein shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 -RELATIONSHIP BETWEEN TI3F. PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. Agreement No. 4600001677, Page 9 of 11 ARTICLE 11-GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of ° due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of auy of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved 'by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A", Statement of Work (c} All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise., 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement m.ay be amended only with the written approval of the Parties. 11.6 Tlus Agreement states that all publicity/public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual Agreement No. 4600001677, Page 10 of 11 relationship unless they have been reduced to writing and signed by an authorized District representative, This Agreement- shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373,1961, Florida Statutes (2004}, as amended by Chapter No. 2005-291 (SB 444, Laws of Florida}. IN WITNESS WbIEREOF, the Parties ar their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLaRIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurennent Director Date: S~WMD Procurement Approved: B'~ .fit . ,~~.- f ~~ .fit-~~lli/1'[)ate: ~~- /f~ U ~7 Entity's Legal Name: I3y Authorized Official: Printed Name: Title: Date: Agreement No, 460{}{7ot~'77, Page 11 of I 1 E~:I~IIBIT "A" STATEMENT QF WQRK Area 11 Reclaimed Water System (Phase A} City of Delray Beach A. INTR4DUCTIQNBACKGROUND The .City of Delray Beacll (City) has established new alternative water resource goals in conjunction with renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water system wi]1 reduce demands on both the surficial ac}uifer and on the City`s potable water system. The City's Reclaimed Water Master Plan completed in November 2003 identifies "Area 11" as the fourth phase of the City's total reclaimed water system, which will provide up to 0.234 mgd of additional reclaimed water use. The City plans to implement other phases of the Master flan on a continual basis over the next five {5} years. The Reclaimed Water Master Flan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant. B. OBJECTIVES The objective of this project is to implement the fourth phase of the reclaimed water system within the City of Delray Beach and to promote up to 0.929 mgd of additional reclaimed water use. C, SCC}PE OF WORK This project consists of construction of the Area 11 - Phase A reclaimed water transmission and distribution system consisting of approximately 8,740 LF of ~-inch, 3,150 LF of 16-inch and 2,'750 LF of 18-inch reclaimed water main, and associated valves and piping appurtenances to serve the Area I 1 - Phase A residential neighborhood and two {2} City Parks. The project also includes modification of an existing in-fine booster pump station to serve the reclaimed water transmission system. D, WORD B1~tEAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount and/or vendor estimates far tasks to be completed in FY09. Due Date; Upon Contract Execution Task 2: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report sLUnmarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project, Due Date; December 31, 2008 Page 1 of 2, Exhibit "A" to Agreement 2~a. 46Q©OO 1677 Task 3: Exhibit "C" ~- Status Report: Recipient shad submit to the project manager a status report summarizing progress made to date, issues of cancers potentially affecting project performance, and any other information pertinent to the project, l}ue Date: March 31, 2009 Task 4: Exhibit "C" -- Status Report: Recipient shalt submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting praject performance, and any other information pertinent to the project. Due Date: June 30, 2009 Task 5: Recipient shall canstruct in-line boaster pump station modifications. Due Date: Upon Completion Task 6: Recipient shall construct 2,750 LF of 1$-inch reclaimed water transmission main and associated valves and piping appurtenances. Due Date: Upon Completion Task 7: Recipient shall canstruct 3,150 LF of 16-inch reclaimed water transmission main and associated valves, piping appurtenances and 16-inch pipe restoration. Due Date: Upon Completion Task 8: Recipient shall canstruct $,740 LF of 6-inch reclaimed water distribution main and associated valves and piping appurtenances, Due Dates Upon Completion Task 9: Final Reimbursement Request and Project Summary Report {Exhibit "L}"~, Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"). Dine Date: August 3 I , 2009 Page 2 of 2, Exhibit "A" tt~ Agreement No. 460000 ] b77 EXHIBIT "B" SUMiVIARY SCHEDULE OF TASKS .A~1D DELIVERABLES C>el1°ay Beach Area l I Reclaimed Water System (Phase A) City of Delray Beach The schedule set forth below is based on a one (I) year agreement from October 1, 2008 to September 30, 2009. ~ All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made fallowing receipt and acceptance by the District of the Reimbursement Request Packages} in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request far payment and Exhibit ,xDa, no later than August 31, 2009. Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is {are} complete per the Statement of Work (SOW) or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with the SOW. The District shall only be obligated to pay far documented actual PY2009 construction casts within the not-to-exceed amounts specified below. In the event actual construction casts by the Recipient are less than the not-to-exceed.amount far a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager, In nv event shall the District"s total obligation exceed the amount specified below for this Agreement; however, an actual construction cast less than the estimated construction cast may result in a reduced final payment, The Recipient is responsible far any additional funds either through local revenues, grants, other appropriatians,'and/or other funding sources. Total payment by the District for all work completed herein shall rtt?t exceed the amount of X1,118,000.00. If the total consideration for this Agreement is subject to multi-year funding allocations, funding far each applicable fiscal year will be subject to .(``governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current fuunding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2,1=xhibit `=13" to Agreement No. 4600041677 ' ~ ~- ~ ~ -~ ~rnbttrsctnept his#r~k ~of- `Task '\o peiircrable~s) ~ Request Psckagc(s} due Report Dne l7atc To Ex~e+ed , :=~ ~~ ~ate~ Patiment Electronic submittal of iiuul project Upon Contract 1 bid amc~ unt L~~rdlor vendor estimates NIA Executionz NIA fvr tasks to be com leted in FY09 2 Exhibit ;`C" -Status Report NIA December ~ 1, 2008 NIA 3 Exhibit "Ci' --Status Report NIA March 31, 2009 N/A 4 Exhibit "C" -Status Report NIA June 30, 2009 N/A Construct in-line booster pump Upon Taslc 5 station modifications! Completion N/A - $306,100 Reimbursement Re nest Packa e Construct 2,750 LF of 18-inch reclaimed water transmission main '' Upon Task ' 6 and associated valves and piping ' Completion NIA $185,300 appurtenances/ Reimbursement Re uest Pacl~a e Construct 3,150 LF of 1~-inch reclaimed water transmission main ,~ and associated valves, piping Upvn Task NIA $240,500 appurtenances and 16-inch pipe Completion restoration! Reimbursement Re uest Packa e Construct 8,740 LF of 6-inch reclaimed water distribution main Upvn Task 8 and associated valves and piping Completion NIA $386,100 appurtenances! Reimbursement Re uest Packa e Final Reimbursement Request Upon Project 9 Package & Project Summary Report °' °` Completion August 31, 2009 N/A {) xhibit l.7 Total District Fundiri $.1,11.8,000 Current Fiscal Year Construction Cost $2,7}4,900 Total Pro`ect Construction Cost $15,634,153 ' If applicable, interim Reimbursement Request Packages shalt be submitted upon completion of the task{s} nofed above, Reimbursement Request Packages must be submitted no later than August 3 1, X049. a if conshvction bids and vendor estimates have not been completed upon execution. of the Agreement, the Recipient shat! submit this information as soon as it is available to the District Project Manager. Note: If the project includes well drilling and testing, deliverables must include copies of all ltydrogeologic data collect~l in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. ` Page 2 of 2, Bxh.ibit "B" to Agreement No. 4600001.677 Exhibi# "C" Al~erna#ive Wa#er Supply Program S#a#us F~epc~r# To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via a-maid to your South Florida Water Management District project manager, Rlease attach backup documentation (e.g., pictures, drawings, etc.} that will provide an understanding of project construction to date. Status Report -Quarter ~ 1 Q 2^ 3 Name of Person Completing Form Date: Contract Number Proposal Number Entity Name: Project Title: 1. Provide a brief description of project status. 2. What is the overaEl status of your project {check one}? _On Schedule _Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information - Date Amount Bid Document Final Contract (with Vendor 't'otal Expended to Date Change Order{s} Page l of 2, Exhibit "C" to Agreement No. 4600001677 L Q //L~ W •~'4 ti w ~ ~~Y W YI X tti '~"' W tU tai C L .ice.. c~ ~s c a U QI w 4 s .,~_ ..~' '!~ W .~ _~ .G3 ~s N .~ {y tCi 4~- C c cn c .~ a a~ •~ . 4 ti-+ rr~ VJ Cn Qa .Q 7 .~ d C O ~3 .... 0 U ... C Qt V wi L ie , • ~ tt,! ~ ~ ~ ~~ ~ ~Y M ~ N aQ . ~ m +r .Q X W I ~ ~ ~Z 0 O wC 'Ct t} G N '~. :~ w ci w 0 tV tU p. Exhibit "D" FY2009 Alternative Water Supply Final Project Summary Report Project Title SFWMD Contract Number Describe Project constructed Entity Project Manager Entity Project Owner Quantity of Water Made Available Type of Alternative Water (MGD) U on Com letion of This Phase Construction Duration Supply Proposed Actual Start Finish Actual (thi Total Construction Cost Tlus Phase ~ ~ I ~ District funding this Local funds Other funding source From TOTAL Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2008 and August 31, 2009. To the beat of my knowledge, the above information is correct Chief Financial Officer Project Manager Page 1. of 1, Exhibit "D" to Agreement No. 4600001677 W x W C 0 .~ ~ '~ o b M ~ ~ c. {,~ I Q O '~ bA C u, o ,~ Gi H o «, ~} V c a~ d w Q V~ L. d ~' Q ~ ~ s w .~ W .G +r C.` y C,7 a '~ ~ c> ~ 3 w C~ ~i ~a ~' a ~ ~ ~`~. w ' 0 .~ ,~ ~~ a A. 6i ~ ~ SRS ~'- U ~ i .c lam. ~ ~ M 4 9i W ~ w Ci L a a .w cs ~, ~ o fs, O ~1'! ~ ~,,,,,,,,. W a I ~ I c ~" d` M~+f ',. .° i... ~ ~ A ~ UZ •y ?~ sy ~-+ ~ .w ~ 'L7 i a Q ",7 Et ~ W3 .w r a~~~ ~a.~ rtr O . ~ a> ~~ o C!a 4. ~+. ~4 !". ~ ~ ~ O N Q' 'dn ~ ~ h u tli G ~ ~ 0 ~ U 61 A ~ •~, ~ . ~ c i w ~ ~ ~ .~ ~ :d d H u ~ <CrJ ~ ~ a3 a ° ~ ~ .r, c n U a ~ a~i v •~i1 ~ ~ eta Fwt ~ y F+~S ~ a ~ •~ '~ c o ~r a~.. c U .a L ~ d "' r ° ~ ~, a, c ~~ ~ ~ ~ ik w di •y a~ C1 .Q ~ ~s ~ °~ ~ W ~ N' O ~ ~ ~ ~ ~ e+ ~ ,~ a4 ~ p .,, ~ c~ ~, ~ u»c~,~ "~ d ca 0 F t^'y V `~ w ti. Cr U ~ ~ ~~ ~ `rh ,v O U ~~,, H "~ O .~+ ~ ~_ ~ ~ 'ES ~ a-~ ~_ ~ ~ U ~ N O ~ ~ . ~ N O ~ "' R3 ~ C U ..t v ts. a ~, ~~~ ~ ,.. ~~~ ~ r. sx ~~ a`~i ~ ~~ ~~~ ~ ~ ~. sa ~ .~ V ~~ .~' ¢ Ly N i .-. d ~~c.~ ~n ~ ° °w a. v ~ 'ma'y ~ • V ~"' ~3~° cn ~, a ~ y ~ ~ ~ ~ ~ o `" w ~ ~~ .~ ~ ~ 'U t„ ... ~ ~ ~ 'O ,~ dI ~ Ri ~ .Q ~ ~ ~ ~~~ U 'II M ~ „" h c~ ~ ~ bA N ~ ~ ~ ~ P,'SY ~'" fil N ~ ~ '~~. ,L` ~.~ o ~ ~ u, '~ 3 r 0 0 0 c] ~1- a~i :~ rr'~'} W. 0 a, tqa,: rat: rtE : u4~e}~im , wq < - ,-gym ~~+rr }z . `~ 4 ~ Q ' ? C~~ r Y~~~~ { p~. c,~ , r~,, apt ~' ~ f,~~` ~ ~ ' ~ i- , I6 ~, 4'1 w 7' '~ F ~~y7 ~• S i'~ {52 w}F~ /~ y ~i k k~~ Mfr 'ip, L ~ 1~ ~~~ ~ 2C> . r SSSS ~~~io-v Aitb. ~!/ a , ~`~~ '~'g: } ,r x r - ~ ,.~, ~rE t~s ~3 ~. e w~, p#~ ,~ r I Fr Sy L"; ~{ ~i yl¢~'~ Ott L ; ~i +1uy~ .; t/1„ ~~~~ ~~ ~ ~ 't ~ ~ ~/Y11~ .• -;t s . ~-- :~a `` ~ f ~fi'r~ ~ ~~~ :~s.~•~~ T, f~ -~ ~ T,sfl ~ a '"``,` n .~ x ~ f -r:~, ~ R ~ ter[ ~ it • ~~~ SERVICE AREA e a Ct ~ EXIST. RECLAIMED WATER LINE k SIZE wM PROPOSED RECUUMED WATER TRAFlSMISStON UNE & SIZE PROPOSED RECLAtMEO WATER MAIN k~SiZE '~ CITY QF 4ELRAY BEACN q TECHNICAL MEMt?RANDUM I~AT H E ~ S ~- m F~°' r=soo• say o soo AREA 11 RECLAIMED WATER PRCtJECT ~~}NSULTING ~~ ~" ~,m,,,„®,~,,,,, .~ i ~~t 1 i~ ~j: ~~ t ,~ ~ Y ~ ~,Q •""` ~ P,S f ~. ,,s.. ;N~ 21~I 'q ~ r i ~ ~ `~C' i ~w.. .~. ~ .Ls: 7 ~ m "~ ~~~. i ~, 3 y~`''N~C '~t5 r:y ~ 1 ~ r ~ tL7i• _. ~ ~~ tay3} ~k- '~(y~Y,i i ~: ~ 'y(3UTH ~LURII)A '~~ATER ~~.A-1~TAGE1ViENT I~ISZ']CT `W- : ~' ,: September 29, 208.. Richard Hasko City of Delray Beach 4~4 South Swultan Avenue Delray Beach, FL 33444 Dr ~~ Dear M~;,~C~co: Subject: FY 2009 SI"WNiD Alternative `Water Supply Program (AWS) Project( Delray. Beach Area lI Reclais>n~ed Water System {Phase A) {SFWMD Proposal Number LEC-8G) 'The South k'lorida Water Management District (District} would like to tape this opportunity to expxess oux appreciation far your interest in the l?~'` 2009 Alternative Water Supply Program: We are pleased to inform you that futlding for the project referenced above in the amount of $I.;11~,000 has.been approved by our Governing Board at their September 11, 2008 meeting. You will be receiving a contract in the mail. far this project within eight weeks and the contract will need to be signed by an individual with signature authority on behalf"' of your organization. Do not delay your construction based an receipt of the contract; the funding GOVers Canstructlon related costs expended during the period C}ctober 1, 2008 to August 3l, 2009. We Look forward to working with you on this important project. if you have any questioxls, or need additioz-al information, please contact Patrick Martin at {S61) 682-2176 or prnartin(~sfwxttd. gov. Sincerely, Mark E. Elsner, P.E. Iruplementatioz~ Division Water Supply Department c: Patrick Martin, SFWI~rtD Sharman Rose, SEWMD 3341 Gun Ctub [toad. West Pslm Beech, Florida 334(16 ~ (561) ti86-8804 Ft.'WAT51-8~0-432-2043 tailing Address: P.O. Box 24684, (Nest PaFm Beach, FL 33426~~68{} ~ K~wwsfwmd.gov ~,~..,r.,,.~• REStJ~UTION Nth. 01-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2008-2009 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the SFWMD 2008-2009 Alternative Water Supply Funding Program Agreement; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 9. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. 'I`he City Commission of the City of Delray Beach authorizes the entry into the SFWMD 2008-2009 Alternative Water Supply Funding Program Agreement and authorizes the execution thereof by its Mayor. PASSED AND ADOPTED in regular session on this 6tM day of January, 2009. MAYOR ATTEST: City Clerk . 4 City of Delray Beach ESD TRANSMITTAL lYo. Q0049 434 South Swinton Avenue Phone: {561} 243-7177 Delxay Beach, FL 33444 .Fax: {561} 243-7060 PRt}JECT: Areas 11 & 12 Reclaimed Water System DATE: 1!612009 Td: City Clerks Office REF: 2008-048 (E} ATTN: Kimberly Wynn WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: ^ Sho Drawin s A royal ^ A roved as Submitted ^ Letter ^ Yaur Use ^ A roved as Noted ^ Prints ^ As Re uested ^ Returned After Loan Chan e Order ^ Review and Comment ^ Resubmit 0 Plans ^ Submit ^ Sam las SENT VIA: ^ Retumed ^ S ecifieations Attac}ted ^ Returned for Corrections Other: SFWMD Grant A mt. ^ S orate Cover Via: Due Data: :ITEM NO. COPIES DATE .ITEM NUMBER REV. NO. DESCRIPTION .. .._ STATUS 1 2 lf6/2009 SUB 2k8,48-005-001 001 Original South Florida Water Management NEW District Area 1 lA Grant Agmt. Remarks: Kim, Attached, please find two {2} original South Florida Water Management District {SFWMD} Gzant Agreements for the Axea 11; Phase A Reclaimed Water System Project #2408-048 fox execution by the Mayor. This item is on tonight's, January 6th Commission Agenda. After the Mayor has executed, please forward to the City Attorney's Office far their approval. After these have been executed by the City, please return both to my attention and l will send to SFWMD for execution. Also, please send '"2" Certified copies of Resolution No. 01-09. Thank you, Carolanne t CC: Signed. Carolanne Kucmerawski Expedition ~ i ~ 4 ~t'.rrr / ~ l ~f bu..-'rx.- ~~Z.. ~s Br' putt, Assistant City Attorney `l~ ~i~: ,Fro17Y" Kimberly Wynn, Executive AssistantlAgenda Coordinator '~~ ~`~' Date: ~,~~999 i~~ ~~~ Re: Grant Agreement/South Florida Water Management District {SFWMD) !Area 11; Phase A Reclaimed Water Attached please find two {2} partially executed Grant Agreements with South Florida Water Management District (SFWMD~ for the Area 11 Phase A Reclaimed Water System Project. This item was approved at January 6, 2009 Regular Commission Meeting; Item 8.G. --~ Item 9.A.A.A.A. Please review for legal sufficiency, and return to me for further processing. Call me ~t 243-7059 if you have any questions. Thanks KWlkw Attachments REC~IVEiC~ J~1N ~ ~ ZO~~ C~~ c~E~ F F~ECEIVED JA~1 ~ ~ ~0~{9 ~ CITY ATTQR~IEY City of Delray Beach END TRA~vsMZTTAz Na 00013 434 South Swinton Avenue Phone: (561) 243-7177 Delray Beach, FL 33444 Fax; (561) 243-7060 PRQJECT: Area 11A Reclaimed Water System DATE: 1/3012009 Tp; City Clerks Office REF: 2008-048 {E) ATTN: Kimberly Wynn WE ARE SENDiN . UBMITTED F R: ACTION TAKEN: ^ Sho Drawin s ^ A rovai A roved as Submitted ^ Letter Your Use ^ A roved as T*ioted ^ Prints As R uested ^ Returned After Loan Chan e Order Review and Comment ^ Resubmit ^ Plans ^ Submit ^ Sam les SENT VIA: ^ Returned ^ S ecifications Attached ^ Returned for Corrections Other: Executed SFWMD Grant A t. ^ Se orate Cover Via: Due Date: ?ITEM NO. COPIES DATE z ITEM ,NUMBER REV. NO. DESCRIPTION STATUS 1 1 113012009 SUB 2k5.45-005-002 001 Fully Executed Original SFWMD Area 11A APP Grant Agmt. Remarks: Kim, Attached, please find one (1) fully executed ORIGINAL South Florida Water Management District (SFWMD} 2005-2009 Alternative Water Supply Funding Program (Grant) Agreement for filing in the Clerk's Office. Thank you, . Caralanne CC~MaryAnn Young, Finance Dept. Via. Signed: Carolanne Kucmerowski Expedition ~ +A' , .• ORIGINAL ~., ~, t ~: SC}UTH FLQRIDA WATER MANAGEII~IENT DISTRICT 2008 - 2009 ALTERNATIVE TATER SUPPLY FUNDING PROGRAM Recipient: City of Delray Beach Recipient's Project Manager: Richard Hasko, P.E. Director of Environmental Services Address: 434 South Swinton Avenue Delray Beach, FL 33444 Telephone No: (561) 243-7336 Fax No: (561} 243-7060 SFWMD Project Manager: Stacey Adams Telephone No.: (561 } 682-25?? E-mail Address: sadamssfiavmd.gav Fax No.: (561 } 682-202? Contract Specialist: Sharman Rose Telephone No.: (561 } 682-216? Fax No.: (561 } 682-5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 ~ N` ___ _ ~ _-~ Agreement Itiumber: X1600001677 Governing Board Approval Date: September i1, 2008 District FitndingAmount:' `1,118,000 Contract Term: October 1, 2008 -September 30, 2409 Insurance: Not A livable ' Federal Erna to er Identification Number: 59-6Q00308 Projevt Title: FY2009AWS -Projevt # LEC-86 ~' Description: Area 11 Revlaimed Water System -Phase A Agreement 1~Jo. 4b00001b77, Page 1 of 11 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has na obligation ar indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports far all funding received by the Recipient from the District. ARTICLE 1-PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Wark," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient sha11 substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration ar termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report Exhibit E FederalJState Funding Resources ARTICLE 2 -TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted an the first page of this Agreement. .2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 -COMPENSATION 1 CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District sha11 pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration sha11 be authorized. The Recipient shall provide at least sixty percent {6010) or more of the Project's construction cost, unless a different amount is authorized pursuant to Florida Statutes s. 373.1961 {3){e). Payment will be made by the District for work authorized and completed between October 1, 2008 and August 31, X009. The District will not reimburse the Recipient for work that commences prior to the start date of the Agreement ar far work completed after August 31, 2009. Agreement 1Vo. 4b00001677, Page 2 ot` l 1 3.2 The Recipient assumes sale responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees nt~t to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities {i.e., test/production wells, etc.} that do not become an operational component of the overall .alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty {20} years from the date of contract execution. 3.S Notwithstanding any provisions of this Agreement to contrary, the District reserves the right, without financial or other penalty or obligation, to { 1 }cancel this Agreement and for {2} reduce the amount of fiuriding to be provided by the District pursuant to this Agreement in the event that the District does not receive all or any state appropriation for alternative water supply from the State of Florida as provided in the State's 2009 fiscal year budget {KB 5001lCh. 2008-1 S2, Laws of Florida}. ARTICLE 4 -- FUNDING PAI'MENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable{s} as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit "B". ©n or before December 31, 2008; March 31, 2009; and June 30, 2009, the Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C". Concurrent with delivery of each Project Status Report, the Recipient shall submit a reimbursement request upon completion of each Task. In addition, on ar before August 31, 2009, the Recipient shall provide a completed Froject Summary Final Report, attached hereto as Exhibit "D". Concurrent with delivery of the final deliverable{s}, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice{s} shall reference the District's Agreement Number and sha11 be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Bax 24682 West Palm Beach, FL 33416-4682 The Recipient sha11 nc~t submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each invoice to the Project Manager. The Recipient's reimbursement request shall contain the backup documentation required {e.g., the request shall include, but is not Agreement No. 460n0016??, Page 3 of 11 limited to, a copy of Recipient's invoice {include the District's Agreement Number and P.U. number), signed certification letter on Recipient's letterhead {signed by an authorized representative of the Recipient}, Tasks completed per the Agreement (if all Tasks are finished, a statement indicating that the Project is completed per the Agreement) and vendor invoiceslapplicatian for payment) for the Frajeet Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" no later than August 3 1, 2009. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Proiects: Far projects involving construction of new wells, the Recipient shall. 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical lags, aquifer test data, etc.), as available, Submissions shall be provided electronically as specified by the District. If the final location of the well{s} varies from the original location specified in the Consumptive Use or other permit ar permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emil T~Richardsan(a~sfwmd.~ov, far instructions an submitting data. 4.4 The Recipient shall provide to the District regular Project status reports {Exhibit "C"} quarterly by December 31, 2008; March 31, 2009; and June 30, 2009. Reports shall provide detail an the progress of the Project, amounts expended to date per Task and outline any potential issues affecting Project completion ar overall schedule. Exhibit "C" shall be submitted to the District Project Manager via a-mail by the specified due date. In the event actual construction costs are less than the not-to-exceed amount for a particular Task stated in Exhibit "B", the Recipient will have the right to apply the unexpended balance toward another Task. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the not-ta-exceed amount to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" for this Agreement. Agreement No. 46fl{I~O1677, Page 4 ~f l 1 ARTICLE 5 - CC}NTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Froject Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All natives, demands or ether communications regarding this Agreement, other than thane set faith in paragraph 4.2 above, shall be in writing and forwarded to the attention of bath the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party- change its address, written notice of such new address shall promptly be sent to the ether Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 -TERMINATION /REMEDIES 5.1 It is the policy of the District to encourage good business practices by requiring Recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 44E-7, Part II of the Florida Administrative Cade, `iMaterial Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breavh. If the Recipient fails to vure the breavh within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement oasts in addition to all other remedies under law andlor equity. b.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whale, or from time to time in part, whenever the District shall determine that suvh termination is in the best interest of the District. Any suvh termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon whivh suvh termination Agreement No. 4644t}0 ] b77, Page 5 of 11 becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, last profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient far such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties, The mediation process shall be conf dential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's Project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Wark. ARTICLE 7 - RECORI}S RETENTIQN 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research ar reports. Such records shall be maintained and made available far inspection for a period of five {5) years from completing performance and receiving final payment under this Agreement, B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five {5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disrrutes. In the event the District should became involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. I3. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article ?.l above, maintain records and similarly require each subcontractor to maintain and allow access to Agreement No. 460Q001677, Page 6 of I 1 such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "E." B. The Recipient shall maintain all financiallnon-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements far state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement {4) Auditlaccountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the District, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use off' state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 -STANDARDS OF CQMPLIANCE 8.1 The Recipient, its employees, subcontractors ar assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. Agreement No. 4bQ0001b77, Page 7 of 31 8.4 Pursuant to Section ~1b,347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch ar another state agency, 8,5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that na person shall be excluded an the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. $.7 Pursuant to Section X87.133 of the Florida Statutes, a person ar affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction ofthis Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2009 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 3 1, 2009. 8.9 Recipient of funds for a reuse project shall provide a status report by August 31, X009 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.}; (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and {4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty {~0) years from the date of contract execution. After construction is completed an the Project, the Recipient shall continuously operate the Praject as described in the Project proposal and consistent with the applicable water use permits}. In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of fiznding the District provided to this Project. This amount may be prorated based on the number of years the completed Project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future projects proposed by the Recipient, All other provisions of this Agreement shall terminate on September 30, 2009. Agreement No. 4600001677, Page 8 of 11 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply Project and shall provide the District with a copy of such public education program on or before August 31, 2404. ARTICLE 9 _ INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness ar intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained herein shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768,28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration ar termination of this Agreement. ARTICLE 10 -RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, ar assigns during ar after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set faith in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 it is the intent and understanding of the Parties that this Agreement is solely far the benefit of the Recipient and the District. Na person ar entity other than the Recipient ar the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. Agreement No. 4600041677, Page 9 of 11 ARTICLE 11-GENERAL PRQVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A", Statement of Work {c} All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicitylpublic awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval 11.7 This Agreement states the entire understanding and agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual Agreement No. 46t~OQOI 677, Page 14 of 11 relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement sha11 inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005-291 {SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FL+DRIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD SF'WMD Procurement Approved: By ~' ,~~~-Gdl_~,t~tzJP~~ate: i /4 t~ approved as to form acrd ~aal sufficiency: ~- Gity Attorney ~ l~ Q~ r ~`~~v ~~~~~~ Entity~s Legal Name: ~~~~"1 ~`~~~ ~t..C By Authorized O~cia1' Printed Name: N~~ ~~~ ~ m ~ '-~ Title: ~ C~' ~~G~ tJO~' Date: C} I ~1~ C~~ Agreement No. 4b000(}1b77, Page 11 of 11 E7i;HIBIT "A" STATEMENT OF WORK Area 11 Reclaimed Water System {Phase A) City of Delray Beach A. INTRO DUCTI ON/BACKGROiTND The City of Delray Beach {City) has established new alternative water resource goals in conjunction with renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's Reclaimed Water Master Plan completed in November 2003 identifies "Area 11" as the faurth phase of the City's total reclaimed water system, which will provide up to 0.234 mgd of additional reclaimed water use. The City plans to implement other phases of the Master Flan on a continual basis over the next five (5) years. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant. B. OBJECTIVES The objective of this project is to implement the faurth phase of the reclaimed water system within the City of Delray Beach and to promote up to 0.929 mgd of additional reclaimed water use. C. SCOPE OF WORD This project consists of construction of the Area 11 - Phase A reclaimed water transmission and distribution system consisting of approximately 8,740 LF of 6-inch, 3,1 SO LF of 16-inch and 2,750 LF of 18-inch reclaimed water main, and associated valves and piping appurtenances to serve the Area 11 - Phase A residential neighborhood and two (2) City Parks. The project also includes modification of an existing in-line booster pump station to serve the reclaimed water transmission system. D. WOI7:K BREAKDOWN STRITCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount andlor vendor estimates for tasks to be completed in FY09. Due Date: Upon Contract Execution Task 2: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2008 Page 1 of 2, Exhibit "A" to Agreement No, 460000167? Task 3: Exhibit "C" -- Status Report; Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2009 Task 4: Exhibit "~" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, tssues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2009 Task 5: Recipient shall construct in-line booster pump station modifications. Due Date: Upon Completion Task ~; Recipient shall construct 2,750 LF of 1$-inch reclaimed water transmission main and associated valves acid piping appurtenances. Due Date: Upon Completion Task 7: Recipient shall construct 3,150 LF of 16-inch reclaimed water transmission main and associated valves, piping appurtenances and 16-inch pipe restoration. Due Date: Upon Completion Task 8: Recipient shall construct 8,740 LF of 6-inch reclaimed water distribution main and associated valves and piping appurtenances. Due Date: Upon Completion Task 9: Final Reimbursement Request and Project Summar~Report (Exhibit "D"~ Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"}. Due Date: August 31, 2009 Page 2 cif 2, Exhibit "A" to Agreement No. 46{0001677 EXHIBIT "B" SUIt~IMARY SC~[EDULE OF TASKS AND DELIVERABLES Delray Beach Area 11 Reclaimed Water System (Phase A} pity of Delray Beach The schedule set forth below is based an a one (1) year agreement from October 1, 2008 to September 30, 2009. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager, Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made fallowing receipt and acceptance by the District of the Reimbursement Request Packages} in accordance with the schedule set faith below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" na later than August 31, 2009. • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Tasks} is (are} complete per the Statement of Work (SOW} or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with the SOW. The District shall only be obligated to pay for documented actual FY2009 construction costs within the not-to-exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not-to-exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. In nv event shall the District's total obligation exceed the amount specified below for this Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, andlar other fianding sources. Total payment by the District far all work completed herein shall not exceed the amount of $1,118,OOOAO. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2, Exhibit "B" to Agreement No. 4600001677 «v~;,, _ -.Reimbursement. DislriCt i~`ot= Task _ De[iverable(s) Request Report Due -.Date To-Exceed N©. Package(s~ Due Payment Date Electronic submittal of final project Upon Contract 1 bid amount andlor vendor estimates N!A Execution NIA for tasks to be com feted in FY09 2 Exhibit "C" -Status Report NlA December 31, 2008 NiA 3 Exhibit "C" -Status Report NIA March 31, 200} N/A 4 Exhibit "C" -Status Report NlA June 30, 2409 NIA Construct in-line booster pump Upon Task 5 station modifications) Completion N!A $306,100 Reimbursement Re uest Packa e Construct 2,750 LF of 18-inch reclaimed water transmission main Upon Task 6 and associated valves and piping Completion N/A $185,300 appurtenances) Reimbursement Re nest Packa e Construct 3,150 LF of 16-inch reclaimed water transmission main ,~ and associated valves, piping Upon Task N1A $240,500 appurtenances and 16-inch pipe Completion restoration/ Reimbursement Re uest Packa e Construct 8,740 LF of 6-inch reclaimed water distribution main Upon Task 8 and associated valves and t ~n p p g Completion N1A $386,100 appurtenances) Reimbursement Re uest Package Final Reimbursement Request Upon Project 9 Package & Project Summary Report „ " Completion August 31, 2009 N/A (Exhibit T) Total District Fundin $1,118,000 Current Fiscal Year Construction Cost $2,794,900 Total Project Construction Cost $15,634,153 ' If applicable, interim Reimbursement Request Packages shall be submitted upon completr'on of the task(s) noted above. Reimbursement Request Packages must be submitted no later than August 33, 2009. z if construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. Note: if the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via ema]L Contact the appropriate District Project Manager to request one. Page 2 of 2, Exhibit `B" to Agreement No. 4600001677 Exhibit "" Alternative Water Supply Program Status Report To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via a-mail to your South Florida Water Management District project manager, Please attach backup documentation (e.g., pictures, drawings, etc.} that will provide an understanding of project construction to date. Status Report -Quarter Name of Person Completing Form Contract Number Entity Name: Project Title: ^ 1 ^ 2 ^ 3 Date: Proposal Number 1, Provide a brief description of project status. 2. What is the overall status of your project (check one}? _On Schedule _Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information - Date Amount Bid Document Final Contract (with Vendor Total Expended to Date Change Qrder(s} Page 1 of 2, Exhibit "C" to Agreement No, 46000016'7'7 .C ~C 1.1.E !~ L O.. -++ ,~ ~ ~ tx~ ~y y/ YI ++ .+.t •i~ ~ ~ tT{ C L ~[ c 0 U a~ 0 m 's x LtJ .~ ++ t0 41 .~ s t~ N L W C~ L ~-- c c .~ *~ ~_ .~ 0 L f`~h VI _~ .~ c O U c a c ..+ N Y N t~ H W t= N I1 ~ W Y N !'! 1- ~ ."~ ~ Q. ~ ~ '~ % ~ , ~ _v N _~ L ~' • ',, ~ //n n~~ Iii W I ~_ ~_ ~',,. W ~G ~ Z I r N d G7 O O ~' Exhibit "D" FY2009 Alternative Water Supply Final Project Summary Report Project Title Entity Project Manager SFWMD Contract Number Entity Project Owner Describe Project constructed T e of Alternative Water Quantity of Water Made Available (MGD} U on Com letion of This Phase Construction Duration yp Supply Pro aced Actual Start Finish i - Cast for this"Plisse {`f'hase;refersto the current FY work} _, _ _ - Proposed {this FY} Actual {this Fy} Total Construction Cost -This Phase $ $ ~ .~.~~ - - -- ~ ~~~ __ ter ,~ . Funt~.n Breakdown-for~;thi4 Phase - - District fundin this hose $ $ Local funds $ tither funding source From $ $ TOTAL Attach map and photos} of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2008 and August 31, 2009. To the best of my knowledge, the above information is correct Chief Financial Officer Project Manager Page 1 of 1, Exhibit "D" to Agreement No. 4604fl016'7'7 W H X w c o ~ .~ ~~+ y o. °A ~ o ~U c. d c 0 bA C w a ,~ (~ ~'! ~ 4 Q H .y c 0 U G ~, 8 ~, L *~ i.+ iOi1 ~,~1 A^{r {r ~ i. ~ ~ '~ C .~ a .~ ~ "O L q,} N ~ .~ w d a y~~/ W ~ f~.i ~ ~ yy ~ LL a o ~ .~ Q CC! ,~ ~ ^ . ~ ~ ~ a U v ~ ~ ue s , ~ fs, ~ ~ ~ 0 ~ qi ~ ~ w° ~ w a 0 ti CSi o f~ O .c w U Q +.+ .~ a U c w ~ a i L d H ~ .° ~ d o a . Q ~ ~ ~ W ... a v ~ "C3 ~ C.S w a~ C L Q} ~ .4 . " ^la ~ ~+ c ~ ~ °? ',d o ro ~ bA ~ ~ ~ ~~ Q va I w o~~, ~ ~ 0 E o N eL' ~ ~ ~ ' C h " a ~ c~ ~ e ~'" ~ u ~ ° '*'' ~ '~ U y C ~ y ~ ~ 43 a `~ ~ ~~ ~ c d0 ~ ~3 4 ~ ~ ~ ~.. C..} ~ ~ ~ v v ~ ~ 4 a ~ Shy ~ , L ~ iv+ w ~ ~ 3a c 0 U «. v ~ ~ ~ Z o d `~' ~ V ~ ~; ,, rn a ~ Y ~ Cn ~ N Rte, ~ 7 6; '~ x ~, .~ a ~ y ~ '~C 'O ~ ~a 3 v ~, 0 ~~/ W L" L ~ GL ^L} " ~} ~ ~ ~ v ~y ++~~~ ~ an H 3 d 0 F~ ,-, ~., Q~ Q ~ ~. o L ~ C 'm .~ ~ `~ ~ a~ v-~•C ~ H -~ p° ~ oa c~ 0 'C7 ~ A U w '~ w y as o ~ U ~ ~ .~ ~~ c .~ U ,~ , a. ~ ~ ~ ~~~c . ~ .'C7 u .y,~ 6? ~'...O ~w -~~~ 61 ~ C~ C ~ .~ rC, +~' ,c+GU' L (J} ^~ ~. ¢ c i~.~ ~ C ~ o~ ~ ° °w ~~ ~ ~, ... . ~~ 'Y ~ w ~3 ° on ~' ~ o c1' //mayy ~ Q b1 ~ tU ,~ -~ .coa ~ ~ ~ G ~ ~ ~ ~ .~ .~ ~ .~ ~ ~ ~., ..~ "Cr "C3 v ~ ~ ~~ .~ ~~ ~~ ~ U Q3 ~ ~ .C ~v ° .~ ~ as ~~ ~~ c ~. ~ `.~ ~_ ~ '~.". ~i ~~jy.. ~+ u ;r ~. [IT4 OF UELR114 BEp[H DELRAY BEACH K L Q 1 A All-America City c~ 1993 a~ai ~., ~. DELRAY BEACH, FLC7RIDA 33444 CERTIFICATIQN f .y _~..w~..` {` f;~ ~. ± 1~. /1 ~~ ~ _. ,t, , .~:- ~° « 5611243-7000 I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray Beach, da hereby certify that the attached document is a true and correct copy of Resolution No. 41-09, as the same was passed and adapted by the Delray Beach City Commission in regular session an the 6th day of January 2009. IN WITNESS WHEREt}F, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, an this the 7th day of January, 2009. ~~~ Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida (SEAL} .-- _ .__,:,.._...~1. ~~~~ ~~ 100 N.VJ. 1st AVENUE « J~ERVICE PERFORMANCE INTEGRITY RE5PON~IBC.E INNOV~aTIVE TEAMwvRK i z ; IIESOLUTIOA]' Into, alas A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELR,AY BEACH, FLORIDA, APPROVING THE SFViTMD 2008-2009 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEEMENT AND AUTHORI2iNG THE I~;~~ECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the SFWMD 2408-2009 Alternative Water Supply Funding Program Agreement; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT F;ESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Carrimissian of the City of Delray Beach authorizes the entry into the SI~"WMD 2008-24{}9 Alternative Water Supply Funding Program Agreement and authorizes the execution thereof by its Mayor. PASSED AND ADOPTED in regular session on this G`h day of January, 2009. ~:~ ~~ AT'I EST: MAYOR ~~ City Clerk '~iQLTTH FIARIDA ~NATER MANAGEMENT DISTRICT arc JAN ~ 9 2009 FedexQvernight Delivery 7962 $810 1487 January 27, 2009 Mr. Richard Hasko, P.E. Director of Environmental Services 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Hasko: Subject: Contract # 4600001677 FY2009 AWS -Project # LEC-86 Please find enclosed one {1) fully executed copy of the above referenced document. Thank you for your effor#s on behalf of the South Florida Water Management District {District}. Should there be any questions, or if you require any additional information, please contact me. Sincerely, sr------_ Q"`~-- Sharman Rose Contract Specialist Procurement Department shrose@sfinrmd.gov {561) 682-2167 FAX: {561 } 682-5624 SRlcdl Enclosure e: Stacey Adams, MSC 4362 Procurementl{Jriginal File 3301 Gun Club Road, West Palm Beach, Florida 33406 (561) 686-8800 • FL WATS 1-8(10-432-2445 Mailing Address: PC?. Box 24680, West Palrti Beach, FL 33416-4680 wwwslwmd.gov f ~ .~ To: Brian Shutt, Assistant City Attorney From: Kimberly Wynn, Executive AssistantlAgenda Coordinator ~~ Date: 1 J7/2009 Re: Grant Agreement/South Florida Water Management District {SFWMD} lArea 11; Phase A Reclaimed Water Attached please find two {~) partially executed Grant Agreements with South Florida Water Management District (SFVVMD) for the Area 11 Phase A Reclaimed Water System Project. This item was approved at January 6, 2009 Regular Commission Meeting; Item $.G. ~ Item 9.A.A.A.A. Please review for legal sufficiency, and return to me for further processing. Call me at 243-7059 if you have any questions. Thanks KWlkw Attachments ~~:'f ~f t -rat` p9 F,,'l~G~i~F s~r~? fL ! ._ _, ~. _._.._ -~ .! . T©: Brian Shutt, Assistant City Attorney From: Kimberly Wynn, Executive AssistantlAgenda Coordinator Date: 11712009 Re: Grant AgreementfSouth Florida Water Management District {SFWMD} /Area 11; Phase A Reclaimed Water Attached please find two (2) partially executed Grant Agreements with South Florida Vt~ater Management district ~SFWMD) far the Area 11 Phase A Reclaimed Water System Project. This item was approved at January 6, 2009 Regular Commission Meeting; Item 8.G. ~ Item 9.A.A,A,A. Please review far legal sufficiency, and return to me for further processing. Call me at 243-7059 if you have any questions. Thanks KWlkw Attachments . - -... T~--_ _...~~..._ .,...~ __ _ _..._...__._ _-~ ~~ ~~~~~ ~~~Qi~~~~- 1