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HomeMy WebLinkAbout2015 - SJRWMD AmendmentContract#28397 Amendment #I FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF SEBASTIAN FOR USING A TREATMENT TRAIN TO REMOVE NUTRIENT -LADEN STORMWATER FOR A HEALTHIER INDIAN RIVER LAGOON THIS AMENDMENT is entered into by and between the GOVERNING BOARD of then. JOHNS RIVER WATER MANAGEMENT DISTRICT ("District"), whose mating address is 4049 Reid Street, Palatka, Florida 32177, and CITY OF SEBASTIAN ("Recipient"), whose address is 1225 Main Street, Sebastian, Florida 32958, and is effective an the date the last party has executed same. PREMISES: The parties entered Into Agreement No. 28397 on October 30, 2015, to provide funding for a project Using a Treatment Train to Remove Nutrient -laden Stormwater for a Healthier Indian River Lagoon ("Agreement"). The parties desire to amend the Agreement. NOW, THEREFORE, in consideration of the above premises, which are hereby made a part of this amendment, the mutual covenants contained herein, and othergood and valuable consideratian, the parties hereby agree to amend the Agreement as follows: 1. Paragraph 1(a) TERM; WITHDRAWAL OF AGREEMENT: delete this paragraph and replace it with the following paragraph: (a) The term of this Agreement b from October 30, 2015 ("Effective Date") until September 30, 2016 ("Completion Date"). Time is of the essence for every aspect of this Agreement, including any time extensions. All provisions of this Agreement that by their nature extend beyond the Completion Date shall survive the termination or expiration of this Agreement. 2. All otherterms and conditions of the Agreement, inducting any subsequent amendments, are hereby ratified and continue in full force and effect. below. IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth ST. JOHNS RIVER WATER MANAGEMENT By: Ph.D., E cutive Di or G'If Date:�IqI16 CITY OF SEBASTIAN By. 4A Typed Name and Title ' Date: Page 1 Contract #28397 Encumbrance #5007932 COST -SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF SEBASTIAN THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and CITY OF SEBASTIAN ("Recipient"), 1225 Main Street, Sebastian, Florida 32958. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District 2015-2016 cost -share funding program is designed to fund the construction of local stormwater management and alternative water supply projects as well as conservation implementation projects. Its goals are to contribute to: 1) reduction in water demand through indoor and outdoor conservation measures; 2) development of alternative or non-traditional water supply sources; such as reclaimed water, surface water, or seawater; 3) water quality improvements (for example, nutrient -loading reduction in springsheds or other surface -water systems); and 4) water resource development opportunities (for instance, increasing available source water through expansion or development of surface -water storage). The current cost -share funding program also recognizes the importance of providing funding opportunities for construction of flood protection and natural -systems restoration projects, which are important components of the District's core mission focus. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its August 2015 meeting, the Governing Board selected Recipient's proposal for cost - share funding. The parties have agreed to jointly fund the following project in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter the "Project"): Using a Treatment Train to Remove Nutrient -Laden Stormwater for Healthier Indian River Lagoon Project In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A - Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. Page 1 of 14 Contract #28397 Encumbrance #5007932 1. TERM; WITHDRAWAL OF OFFER. (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until July 31, 2016 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made before May 1, 2016. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the forty-five (45) days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (c) If the construction, which is eligible for District reimbursement, does not begin before September 30, 2016, or if the first invoice for non -construction projects is not submitted by September 30, 2016, the cost -share agreement will be subject to termination and the funds subject to reallocation. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the District shall pay Recipient thirty three percent (33%) of the total construction cost of the Project, but in no event shall the District cost -share exceed $46,200. The District cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. Page 2 of 14 Contract #28397 Encumbrance #S007932 (b) "Construction cost" is defined to include actual costs of constructing Project facilities, including construction management. land acquisition, engineering design, and permitting costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. 5. PAYMENT OF INVOICES. (a) Recipient shall submit itemized invoices as per the Statement of Work, Attachment A for reimbursable expenses by one of the following two methods: (1) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177, or (2) by e-mail to acctpay@sjrwmd.com. The invoices shall be submitted in detail sufficient for proper pre -audit and post -audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for thirty three percent (33%) of approved cost or the not -to -exceed sum of $46,200, whichever is less. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than forty-five (45) days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than thirty (30) days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent (10%) of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) District contract number; (2) District encumbrance number; (3) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a Page 3 of 14 Contract #28397 Encumbrance #5007932 completed Direct Deposit Authorization form; (4) Recipient's invoice number and date of invoice; (S) District Project Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (8) Progress Report (if required); (9) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. in such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the. parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1—September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August 1 of the then -current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABIUTY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax Page 4 of 14 Contract #28397 Encumbrance #5007932 revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the'District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT. (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) e-mail. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT Mark E. Brandenburg, MS, CSE, PWS Project Manager St. Johns River Water Management District 601 South Lake Destiny Road, Suite 200 Maitland, Florida 32751 407-659-0915 E-mail: mbranden@sjrwmd.com RECIPIENT Frank Watanabe Project Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8228 E-mail: fwatanabe@ciityofsebastian.org (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project, do not affect the District cost -share, Completion Date, or otherwise significantly modify the terms of the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Manager within thirty (30) days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31). Page 5 of 14 Contract #28397 Encumbrance #5007932 (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within thirty (30) days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within ninety (90) days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 - day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs 10(a) and 10(b) shall survive the termination or expiration of this Agreement. 11. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The District may also terminate this Agreement upon ten (10) days written notice in the event of any material misrepresentations in the Project Proposal. ADDITIONAL PROVISIONS (Alphabetical) 12. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. Page 6 of 14 Contract #28397 Encumbrance #5007932 13. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least five (5) years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. 14. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 15. DISPUTE RESOLUTION..Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 16. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company name's for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 17. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Orange County; (2) Page 7 of 14 Contract #28397 Encumbrance #S007932 each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 19. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in section 112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 20. NON -LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 21. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 22. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 23. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other parry to allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for Page 8 of 14 Contract i#28397 Encumbrance #fSD07932 infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER MANACTEWNT DISTRICT Seo,% Ann B. f ortelle–,Pb.d., Exe utive Director (or designee) Date: / "/-3 o//'-5" ONLY AS TO FORM AND LEGALITY La"611*1aITAI`IV_nl By: 4141-��I— Joseph Griffin, City Manager Typed Name and Title Date: A ��/ J Sally M City erk William Abra ,, Sr. Assistant General Counsel Typed Name and Title Robert A. Ginsburg ATTACHMENTS City Attorney Attachment A- Statement of Work Attachment B - Project Progress Report Form Attachment C- District Supplemental Instructions Form 2015-16 District Cost -Share Initiative Last updated: 9-9-15 Page 9 of 14 Contract #28397 Encumbrance #5007932 ATTACHMENT A - STATEMENT OF WORK CITY OF SEBASTIAN USING ATREATMENT TRAIN TO REMOVE NUTRIENT -LADEN STORMWATER FOR A HEALTHIER INDIAN RIVER LAGOON 1. INTRODUCTION/BACKGROUND The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in FY2016 to develop and implement resource and water supply development projects and promote conservation. Each project selected for funding will have a positive benefit to Minimum Flows and Levels (MFLs), water quantity, water quality, and/or natural systems and supports the District's Strategic Initiatives. The City of Sebastian (Recipient) has requested and been selected as a participant in this cost share program. On August 11, 2015, the District's Governing Board approved funding for the Recipient's project titled Using a Treatment Train to Remove Nutrient -Laden Stormwater for a Healthier Indian River Lagoon for the not to exceed amount of $46,200 towards the estimated construction cost of $140,000. 11. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to construct a stormwater treatment train that will reduce nutrient loading to the Indian River Lagoon (IRL). Currently untreated rainwater collects into an existing ditch and then into an underground pipe that flows east into the IRL. This project is identified in the Recipient's stormwater master plan and will use approved Basin Management Action Plan (BMAP) for the South Central Indian River Lagoon Planning Unit. This segment of the IRL is listed as an impaired water body by the state of Florida. The project will protect and improve water quality and clarity for the protection of seagrasses and associated flora and fauna. Ill. SCOPE OF WORK The Recipient plans to construct a stormwater treatment train for a 13 -acre basin. The treatment train includes grassy swales and drainage system with Floc logs, inlet baskets, and Nutrient Baffle Box with nutrient -reducing filters. The project will be constructed in the Recipient -owned right-of-way. The project will reduce nutrient loading to the Indian River Lagoon. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; • Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; Page 10 of 14 Contract #28397 Encumbrance #5007932 • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. The Recipient shall provide the following to the District's Project Manager: • A copy of Recipient's executed construction contract documents; • A copy of any subsequent change orders to the contract; • Timely invoices for actual construction costs in accordance with this cost share agreement (i.e. quarterly, with appropriate substantiation) to enable proper review by the District's project manager prior to payment authorization; • Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, project construction photos; quarterly reports shall also be emailed to the District's Budget Manager at mlicourt@sjrwmd.com; • Certification of construction completion by a Professional Engineer registered in the state of Florida. The Recipient shall ensure the tasks in the Task Identification section below are completed. V. TASK IDENTIFICATION Task 1 Design and permitting — the project design for the treatment train has been completed and Recipient is now meeting with the District to review the design for permitting. Based on the area and maintenance type of installation to pipe any existing ditch system, a permit may not be required. Task 2 Construction Bid Document— Recipient has already prepared the bid contract and specifications for the treatment train and will advertise the project once permits have been obtain and funding secured. It is anticipated to take two months to advertise and award the contract to a contractor. Task 3 Construction and Project Closeout — The construction period will be 90 days. Recipient shall review all materials for the piping, baffle box and other drainage structures and provide in-house inspectors for the construction of the treatment train and prepare weekly inspection reports. Recipient shall prepare a draft and final project report of the results of the monitoring and testing. The final report will be submitted to District as part of the close out of the project. VI. TIME FRAMES The expiration date of this cost share agreement is July 31, 2016. The projected schedule is as follows: Page 11 of 14 Task Description Anticipated Start Date Anticipated Completion Date Task 1 Design and permitting Started October 2015 Task 2 Construction Bid Documents December 2015 February 2016 Task 3 1 Construction & Project Closeout March 2016 July 2016 Page 11 of 14 Contract #28397 Encumbrance #5007932 VII. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall pay Recipient thirty three percent (33%) of the actual construction cost of the Project, but in no event shall the District's cost -share exceed $46,200. Recipient shall submit a single invoice the District at project completion with appropriate documentation. Invoice shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in- house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost -share amount shall be reduced accordingly. Recipient may invoice the District for Project construction work beginning October 1, 2015. Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget Manager within 15 days of the end of quarter for work accomplished during each quarter. The email address for the District's Budget Manager is mlicourt@sjrwmd.com. The Recipient shall submit a final project report within 30 days of Final Completion and acceptance by the City of Sebastian detailing the Project's accomplishments and any issues resolved during the course of the work. Anticipated FY 2015-2016 Cost Schedule for Reimbursement of 546.200 Task Description Estimated Reimbursement Amount Task 1 Design and permitting $0 Task 2 Construction Bid Documents $0 Task 3 Construction & Project Closeout $46,200 Page 12 of 14 ATTACHMENT B Contract #28397 Encumbrance #5007932 St. Johns River Water Management District Date: Project Progress Report month/day/year Report Number: Contract/Project identification Project Name: Using a Treatment Train to Remove Nutrient -Laden Stormwater for Healthier Indian River Lagoon Project Recipient: 10ty of Sebastian SJRWMD Contract Number: 28397 ISJRWMD Project Manager: I Mark Brandenburg, MS, CSE, PWS Recipient's Project Manager: IFrankWatanabe Construedon Schedule Reporting Period Start Date (mmLdd. ): Finish Date Beginning Date (mm/dd/yy): Completion (mm/dd/yy): Ending Date (mm/dd/yy): Budget Duration Total Budget: S Planned Duration: Weeks Expended To -date: $ Duration To -date: Weeks Expended This Period: $ Duration This Period: Weeks Percent Budget Expended: % Percent Duration Expended: % Anticipated Future Payment Requests: 3 Months 6 Alonths 9 Months 12 Months Task_t/Mi lestnnesMefiverahlps grhmAnlml fur thin Rnnnrtina PPAM nr Within tho Nov# OM dn„e. Task Number Tasks/Mitestones/Deliverables Start Date Finish Date Percent Complete Projected Finish Date deviations from schedule: Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. Contract #28397 Encumbrance #5007932 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS# DATE: TO: FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: District Project Manager Acknowledged: , District Contracts Administrator cc: Contract/Purchasing file Financial Management Page 14 of 14 Date: