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HomeMy WebLinkAboutSJRWMD License Plate-Baffle Box_ ~ St. o _n _~:~ r s ve `~.,~ V~ater Management District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sjrwmd.com. ,• CHANGE ORDER DATE: Apri127, 2007 CONTRACT/PURCHASE ORDER NUMBER: SH472AA Work Order No. N/A Change Order No. 4 CONTRACT NAME: Indian River Drive Nutrient Separating Baffle Box TO: David Fisher City of Sebastian 1225 Main Street Sebastian, Florida 32958 FROM: Wayne Mozo, Project Manager PROJECT NAME: Indian River Drive Nutrient Separating Baffle Box ACCOUNT NUMBER: 75-42-58-6390-8301-04019 CHANGE ORDER IMPACTS: This no-cost time extension will not have any effect on other projects. The project design is complete, the District and the U.S. Army Corps of En ineers (IJSACOEI have issued the required permits, and the utility conflicts have been resolved. JUSTIFICATION FOR EXTENSION: The District entered into acost-share agreement with the Cit~f Sebastian (Cityl in September of 2OO4,_oblgating $42,790 from the Indian River Lagoon License Plate Fund for installation of a nutrient separating baffle box and associated piping at the intersection of Indian River Drive and Davis Street. This project will reduce pollutant loadings from a 96-acre mixed land use area presently discharging untreated stormwater directly into the Indian River La og on (IRL). Change Orders #1 and #2 were necessitated by delays caused by hurricanes Francis, Jeanne (2004), and Wilma (2005 and permittin ig 'sues with the USACOE. Change Order #3 was reauired because construction bids received were higher than the budget. The City attempted to negotiate with the bidding firms without success. The Citv is requesting Change Order #4 as a final 12-month no-cost time extension to re-bid the project. The bid opening is scheduled for May 2007. The project design is complete, the required permits have been issued, and the utility conflicts have been resolved. Even thou the City has requested a 12-month extension, the 1RI., Proexam Office believes the project can be completed within a shorter time period. Therefore, the IRL Program Office recommends approval of an 8-month no cost time extension to co~lete this cost-share project with the City of Sebastian The Statement of Work Deliverables and Time Frames Section V has been revised and is attached. SCHEDULE/WORK ORDER AMOUNT IMPACTS: ® Extend the completion date from Mav 15, 2007 to January 15, 2008 (impact on schedule: 245 dam) n The completion date of will not be affected by this change order. GOVERNING BOARD David G. Graham, CHAIRMAN John G. SOWIRSI(I, VICE CHAIRMAN Ann T Moore, SECRETARY Duane L. Ottenstroer, TREASURER JACKSONVILLE ORLANDO BUNNELL JACKSONVILLE R. Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Long W. Leonard Wood OCALA PONTE VEDRA MELBOURNE BEACH APOPKA FERNANDINA BEACH Change Order continued The amount will not be affected by this change order. Approved: ~ • ~---~ Kirby B. G een III, Execu ive Director A ~ ~~:. 0~ Sally A. Mai , MMC -City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, Cit ttorney ~~ Original Amount .................................. $ 42,790.00 Total Additions /Deductions ............... $ 0.00 Revised Amount .................................. $ 42,790.00 Date: 5- (~' d GOVERNING BOARD Ometlias D. long, CHAIRMAN David G. Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY Duane Ottenstr0er, TREASURER APOPKA JACKSONVILLE OCALA JACKSONVILLE W. Michael Branch John G. 5owinski William Kerr Ann T. Moore Susan N. Hughes FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL JACKSONVILLE cc: Contracts/Purchasing File Financial Management ~~ fit. Johns River Water Management District - Kirby 8. Green III, Executive Director • David W. Fisk, Assistant Executve Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386j 329-4500 On the Internet at wwwsjnvmd.cbm. LETTER OF TRANSMITTAL TO: Kenneth Jones DATE: September 2, 2005 UPS Next Day City of Sebastian 1225 Main Street Sebastian, florida 32958 CONTRACT NO.: SH472AA We are sending you the following attachments for action as defined below: Q Specifications Q Documents Q Agreement Q Correspondence O Amendment (x) Change Order Q Work Order Q Other COPIES DESCRIPTION ACTION 1 (Full -Executed Ori final) 1 ACTION CODE: 1. For your files 2. For execution & return 3. District Policy 88-OS Delegation Authority 4. For review & comment 5. Insurance needed 6. W-9 form for execution & return 7. Performance/payment bond needed 8. See remarks REMARKS: Enclosed is one fully-executed Change Order #1 for your records. Thank FROM: Diana Bankhardt Business Resource Specialist COPY TO: GOVERNING Ometrias D. Long, ovalq~AAN Davitl G_Graham, v~cE cHaigMAN R. Clay Albrlghi, sacgETam HPOPNp JACKSONVILLE OCatA DNanB Dnensimer, TgEAS'JHES JACKSONVILLE Ann T. Moore Susan N. Hughes aUNNEl1 JACKSONVILLE W, Michael Branch FENNANOINA BEACH John G. Bowinski 6aLAN00 William Kerr fAEIBW aNE BEACH st.1®.~n~ ~v~r `"'~,~ Water Management District Kirby 8. Green IIt, Executive Director • David W Fisk, Assistant Executive Director 4D49 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • {386) 329-45DD On the Internet at www.sjrwmd.com. CHANGE ORDER DATE: Autust 11, 2005 CONTRACT/PURCHASE ORDER NUMBER: SH472AA Work Order No. N/A Change Order No. 1 CONTRACT NAME: Indian River Drive Nutrient Separating Baffle Box TO: Kenneth Jones City of Sebastian 1225 Main Street Sebastian, Fl 32958 FROM: Wayne Mozo, Project Manager PROJECT NAME: Indian River Drive Nutrient Seprating Baffle Box ACCOUNT NUMBER: 76-42-58-6390-8301-04019 CHANGE ORDER IlVIPACTS: This no-cost time extension will not have anv effect on other proiects and the Statement of Work remains the same except for a revision of the schedule This project will reduce pollutant loading from a 96-acre mixed land use area presently discharging directly into the Indian River Lagoon Proiect will install a nutrient separating baffle box at the intersection of Indian River Drive and Davis Street. JUSTIFICATION FOR EXTENSION: The City of Sebastian has requested a no-cost time extension due to Hurricanes Jeanne and Frances, which both caused severe damage to Indian River County last veaz The severe damage necessitated a temporary change in the City's project priority, putting this proiect on hold Also. the process of obtaining a permit determination from the Army Corps of Engineers (ACE) has taken longer than anticipated: A site visit by ACE staff in July determined that no further action is required by the Citv for the permit determination The City is awaiting a final response from ACE and will begin the bidding process for project construction upon receipt. Furthermore, project design has been completed, and the District has issued a general permit. Both the City and the District Project Manager aze confident that the protect will be completed before the end of this calendaz veaz. Please see attached Revised Schedule. SCHEDULE/WORK ORDER AMOUNT IMPACTS: ® Extend the completion date from September 29, 2005 to December 31, 2005 (impact on schedule: 93 days) n The completion date of will not be affected by this chance order. ~ The amount will not be affected by this change order. GOYERNiNG BOARD OmetrlBS D. Long, CHA!RY,AN DaVfd G. Graham, VICE CHAIP.MAN R. Clay Albright, SECRETAA! E'aane Ottenstrcer, TREASCneR APOPKA JACKSONNLLE DCAN ,ACKeONVILLE W. Leonard Wood Jahn G. Sowinski William Kerr Ann T. Moore Susan N. Hughes FERNANDINA aEACH JfitANIXJ NELapNPNE EEAf.H eIINNELL F'ONiE bEORA ~ St. ,~o ns ver •"~~',~ Water Management District Kirby 8. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386} 329-4500 On the Internet at www.sj+wmd.com. Approved: Kirby B. een III, Facec five Director Date: ~ • Acknowledge . f e astian cc: Contracts/Purchasing File Financial Management iszy;>; Original Amount ....................:............. $ 42,790.00 Total Additions /Deductions ............... $ 0.00 Revised Amount .................................. $ 42,790.00 Date: 8'Z9"d~ GOYERNING HOAR Ometrias D. Long, cHaHnuN David G. Graham, wcE ceA!anuN R. Clay Nbrigh[, s'onErAtn Duane Oltenstroer, rnEASUnEa AFOH(A JAJ(SONVILLE OCALA JACNaONJILLE W. Leonard Wood John G. Sowinski William Kerr Ann T. Moore Susan N. Hughes kEHNANNINA BEACH OHLANW MELHOUHNE BEACH 9UNNELL vnMEVEeRO REVISED SCHEDULE V. DELIVERABLES and TIME FRAMES Task 1:Design. Task 1 Deliverable due in District offices by August 31, 2004. Deliverable: Completed set of design documents signed and sealed by a Registered Professional Engineer. Status: Completed. Task 2: Obtain all necessary project permits. Task 2 deliverable due in District offices by August. 31, 2005. Deliverable: Copies of all necessary project permits. Status: Received copy of District permit, awaiting copies of pernut determination from Army Corps of Engineers. Task 3: Awazd construction bid. Task 3 Deliverable due in District offices by Septeta~ber 30, 2005. Deliverable: Copy of construction contract. Task 4: Installation of nutrient separating baffle box, assocnated piping and cleaning of construction site. Task 4 Deliverable due in District offices by Noverraber 30, 2005. Deliverable: Photographs of baffle box installation cmd educational signage; as built survey; and final acceptance letter. Task 5: Public information and education. Task 5 Deliverable due in District offices by Deceaaber 21, 2005. Deliverable: Project applicable copies of City's quarterly newsletter and other applicable press releases. Contract #SH472AA Il~iD T IAI~ RIVER LAGOON LICENSE PLATE FUNDED COOPERATIVE COST-SHARING AGREEMENT BEEN THE ST. JOHNS RIVER WATER MA?dAGEMElv^I' DISTRICT FOR IND -°'~ CITY OF SEBASTL4N IA1lT RIVER DRIVE NUTRIENT SEPA R a g'I~tG BAFFLE BOA THIS Cooperative Agreement is entered into by and between the GOVBRN11~tG BO ST. JOHNS RIVER WATER MANAGE T Stree Pala ~ MF~T DISTRICT ARD of the 32955. t, tla, Florida 32177, and C1T'I' OF SEBASTLAi~' ("City 'Dr1 25 Main Streetd, Sebastian Florida WFTNESSETH THAT: AREAS, the District is a special taxing district created by the Florida Legislature and ven those powers and responsibilities enumerated in Chapter 373, Fla, Stat., whose eo encompass the Indian River Lagoon; and ~ g graphical boundaries WHEREAS. Pursuant to section 320.08058(10), Fla. Star., the Legislature has established a program. whereby a portion of license. plate revenues aze directed toward habitat restoration and improvement of water quality within the Indian River Lagoon, which may serve as matchin other local, state, or federal funds or grants, and g funds for WHEREAS, City is contributing matching funds for a project (hereafter "the Work" provide for habitat restoration and/or improvement of water quality with the Lzdian further described below. )that will River Lagoon, as 'SOW THEREFORE, in consideration of the payments herein specified, and which the District ae~rees to make, City agrees to famish and deliver all materials, to do and perform all work and labor required to be furnished and delivered, done and Bafpe Box, Contract #SH472AA ("the W~.k„ , Perf°xmed for Indian River Drive Nutrient Sepazating Agreement and all attac ) ~tY agrees to complete the Worlc in conf Agreement as fully and the same effectlasif sePfordtherein.corporated b °~~' with this y reference aze part of this This Agreement consists of the following documents, including all modifications Inc therein before their execution: Agreement; hereto. SIT "A" -Statement of Work; and all attacHmrents ARTICLE I - TERM. SClEIEDULE AND TIME OF PERFORMANCE A~ Te_ rm. The term of this Agreement .shall be from the Effective Date to the Completion Date. 1. Effective Date. The Effective Date of this Agreement shall be the date upon which the last Party to this Agreement has-dated and executed the same; provided, however, that in the event a date other than the aforesaid is sei forth below in this section, that date shall be the Effective Date. In &eu of the aforesaid Effective Date, the Effective Date of this Agreement shall be N/---- ~ .__ (enter altesnati,ve Effective Date, or enter N/A). 2. Comui_ ett~te. The Completion Daze of this Agreement shall be no later than twelve (12) months from the Effective Date hereof, unless extended by mutual written agreement of Page 1 of 12 Cozth~act #SH472AA the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. ]3• Schedule of ~1%ork. City shall commence the Work [X] Within Sfteen (15} days after the Effective Date; or [ ]Upon the issuance of a Notice to proceed by the District; or [)Within fourteen (14} days of issuance of a Work Order by the Disuict; or [ J On (insert specific date}. This date shall be known as the "Commencement Date." City shall prosecute the Work regulazly diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the Statement of Work and the time, stated for connpledon therein. The time stated for completion shall include the final cleanup of the premises, as applicable. A fifteen (15) day period has been included in the allotted time for completion to allow for mailing of this Agreement and City's submission of any required submittals, City will not be allowed to commence the Work until any requued submittals aze received and approved. C. Time is of the Essence. The Commencement Date and Completion Date aze essential conditions hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where additional time is allowed for the completion of the Work, the new time limit, shall also be of the essence. ARTICLE II - STATEMENT OF WORK AND DELIVERABLES A• Deliverables. The Work is specified in the attached Statement of Work. City shall deliver all products and deliverables as stated therein. City is responsible for the professional quality, technical accuracy, and timely completion of the Work Both workmanship and materials shall be of good quality. City shall, if required, furnish satisfactory evidence as to the kind and quality, of materials provided. Unless otherwise specifically provided for herein, City shall provide and pay for all materials, labor, and other facilities and equipment as are necessary for the performance of the Work The District's project manager shall make a final acceptance inspection of the deliverables when they are completed and finished in all respects in accordance herewith. The parties may at any time. agree in the form of a written amendment to make changes within the general scope of this Agreement to the Work to be provided hereunder. Neither party shall unreasonably withhold consent to any such amendment. $• Frovress Reports. When requested, City shall submit quarterly progress reports to the District's protect manager in a form approved by the project manager. The progress report shall provide an updated progress schedule with each payment request, taking into account all delays, changes in the nature of the Worlt, etc. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shat] be submitted in machine readable form in fore consistent with the District's standard software products. The District's standard office automation products include the Microsoft® Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be accepted if mutually agreed upon by the District's Project Manager and chief information officer. Timely submittal of progress reports shall be a condition precedent to payment of invoices. Page 2 of 12 D. E. F. G. Contract #SH472A.q ART'ICI,E ffi - CONIPE---- NrSAT1ON A• Amount of Fundino. For satisfactory performance of the Work, the District agrees to a Ci a sum in the amount not to exceed 50°'0 of the total project cost, o_* $42.790, whichever P less (tithe "Total Compensation"). B. In-Kind Services. Through this Cooperative Agreement, Ci*.y agrees to provide cost-share funding ant of x'36.790 throuo the amount of Sb,000 for this project. h; theseventy ro ee t ctosts~ceed thisnamount ~i ervices in responsible for providing any additional fundino p 1 ty shall be o required to complete the project. C• Invoicine Procedure. All invoices shall reference contract number SH472AA and Work Order # or Phase #, if applicable, and shall be submitted to the St. Johns River Water Management District, Duector, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177, City shall submit one itemised invoice at the completion of the project. The invoice shall be based upon the actual Work performed and shall bill as per the Project Budget included inExhibit "A," attached hereto and by reference made a part hereof. This is acost-reimbursable contract. In order to receive reimbursement City shall submit documentation of its expenditures All documentation required for verification of the fmal invoice shall be received and approved by the District prior to release of payment. If the invoice does not correspond w the Project Budget or other requirements of this paragraph, it will be returned to City without action within twenty (20) business days of receipt and shall state the basis for rejection of the invoice. Payments for construction contracts shall be made within twenty-five (25) business days of receipt of an invoice that conforms to this pazagraph. payments for all other contracts shall be made within forty-five (45) days of receipt of an invoice that conforms to this submitted in detail sufficient for a proper pre-audit and post-audiPreview and shall complywith the document requirements described in Comptroller Memorandum, dated October 7, 1997, attached hereto and made a part hereof as Exhibit "B" to this Agreement Payments Withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in protect the District from loss as a result of• (1) defective Work of remedied; (2) failureof City to make Payments when due to subcontractors or suppliers for materials or labor, (3) the District's determination that the Work cannot be completed for the remaining or unpaid {ands; (4) failure to maintain adequate progress in the Work; (5) damage to another contractor; or (6) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding paymenthave been remedied. Forfeiture of Final Pavmeat. City shall submit the final invoice to the District not later than 90 days after the Completion Date. COUNTY'S FAILURE TO SUBMIT THE .FINAL INVOICE TO THE DISTRICT WITHIN THE TIME FRAME ESTABLISHED HEREIN SuaT r BE A FORFF,_,TI'URE OF ANY gEMA11\rQVG AMOUNT DUE UNDER THE AGREEMENT. Travel. In the event the cost schedule for the Work includes bevel costs, travel expenses must be submitted on District or State of Florida travel forms, The District shall pay City all travel expenses pursuant to the District's Administrative Directive 2002-02. Travel expenses shall not be considered additional compensation, but shall be drawn from the amount provided in the project budget. Release. Upon the satisfactory completion of the Worlc, the District will provide a written statement to City accepting all deliverables. Acceptance of the final payment shall be considered Page 3 of 12 as a release in Contract #SH472AA full of all claims against the Disaici, or any of its members, a ansmg from or by reason of the Work done and materials furnished hereunder. g~nts, and employees, attributable too the Agreement is responsible for all the negligent acts or omissions of Personal mJ~S' and proPetty damage agents thereo{, ~ addition, each that Pat'ry and the officers, e (1999). Nothing in this q Party is subject to the provisions of Section 76~28~yg~s'S~a Party hereto. greement shall be construed as a waiver of sovereign immuttiry by ~3, Each party shall also acquire and maintain throughout the term of this Agreement such liability, automobile insurance, and workers' compensation insurance as re rules and regulations. general gaited by their curent ARTICLE Fy' - L1ABy; ITT A.r7L1 Z1ITSDI~?.1VCE A. B ARTICLE V _ FUNDING CONTINGENCY A. B This Agreement is at all times contingent upon fundino multiple sources, including, but not e> which may include a sine District's Gove Trrmted to: (1) ad valorem ele source oz rn~ng Boazd> (2) .annual a tax revenues aPProPriated by the appropriations from other a~ PPmPrrauons by the Florida Legislature, or (3) more than one ~encies or funding sources. Agreements that extend for a judgment of the Distric's Gov bJect~to annual appropriation of funds, in the sole dys penod of for hereunder not be a fin= Boazd, for each succeeding year. Should the pVmckreuon and the Gov ppmved, in whole or in Part, for fundintr b provided erring Board in succeeding years, the District shall so noXt~ ~ndmb source, or Agreement shall be deemed terminated for convetu ~' Contractor, and this TL'~'112QATION FOR COl~ ence in accordance with ARTICI.,E ~ )3 additional timr as the District~ma~N~ five (5) days a$er receipt of such notice, or wi }allow. thin such ARTICLE VI - I'RO.IECT MANAGEMENT Project Mann ers. The project managers shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being project manager; e designated as D~~, Wayne Mozo, Project Manager St. Johns River water Management District 525 Community College Pazkway, S.E. Palm BaY~ Florida 32909 321-984.44ht' 4844 E-~: wmozoC~sjrwmd.com CITY Kenneth Jones, Project Manager city of Sebastian 1225 Main Street Sebastian, Florida 32958 772-589-5490 E-mail: lcjones @cityofsebastian.org District Proiect Manaoer res onsrb~~' The Distnct`s Project Manager shall have sole P to transmit instructions, receive information, and co and complete decisions regarding all matters pertinent to mtnunicate District policies and manager shall have the authority to a Performan°e of the Work. The District's Total Compensation or the Co pprove minor deviations in the work that do not affec~the other District mPlet1OIl Date. The Distr'ict's Project Manager and as a employees, shall meet with City when necessary in the Di PPtoPnate, provide decisions regarding performance of the Work, as well stnct's 'ud reports. J gment to as to review and comment on Page 4 of 12 Contract #SH47;AA C• Chanoe in Proiecf Manager, Either party to this Agreement ma than a its provrdmg not less than tttree (3) workino Y g project manager by party. The District reserves ~ days prior written notice of the change to the other is unable to carry the Worktforwazd tin a e o st tentto replace its project managei if said manager specifications; or for other reasonable cause. mP~ manner or .atls to follow instructions or the D• Snnervfsion. City sitall provide efficient supervision of the Work, using its best skill and artention. E• Notices. AlI notices to each U.S. certified PAY shall be m wntmg and shall be either hand-delivered or sent via mail to the respective parry's project manager at the names and addresses specified above. All notices shall be cbnsidered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five (5) business days. Except as otherwise provided herein, notices may be sent via a-mail or fax, which shall be deemed delivered on the date transmitted and received. APT'ICLE VII • T'EERMI~p~tS '`~• Tetmination for Default: This Agreement may be terminated in event of substantial failure by the other wntmg b)' either party in the through no fault of the to p`~Y to fulfill its obligations under this Agreement °~ar PAY ~ given: (I) no~ess~th~~eyn' (10) calendazt dayse w~fitten nomtice deli ~ered b ~ess the mail, return receipt requested, and (2) an opportunity to consult with the other Y rdfied termination and remedy the default. Parry prior to B• Termination for Convenience: This Agreement ma be t by the District, provided the Ci is Y erminated in whole or in part in writing notice by certified mail, re tY given: (I) not less than thirty (30) calendar days, written turn receipt requested, of intent to terminate, and (2) an oppo~yty for consultation prior to termination. C• If termination for City's default is effected by the District, any payment due to City at the time of termination shall be adjusted to cover any additional costs to the District because of City's default. In the event the Work is not completed as a result of City's default, City shall refund to the District all funds that have been paid to City pursuant to this Agreement If teimination for the District's default is effected by City, or if termination for convenience is effected by the District. an equitable adjustment shall provide for payment of all services, materials, and costs, including priar commitment intoned by City, up to the termination date. D• Upon receipt of a temrination action under paragraphs "A" or .B" above, City shall: 1• Promptly discontinue all affected work (unless the notice directs otherwise), and ~• Deliver or otherwise m~kP available all data, drawings specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by City in performing this Agreement, whether completed or in process. E. Upon termination under Paragraphs "A" or `B" above, the District may take over the Work ar maY award another party a contract to complete the Work. City shall provide the District with any Iicenses to enter real property interests owned by City necessary for completion of the Work, Page 5 of I2 Contract #SH472AA F. ff, after termination for failure of City to fulfill contractual obligations, it is determined that City had not failed to fulfill contractual obligations, the temunation shall be deemed to have been for the convenience of District In such event, the adjustment of compensation shall be made as provided in Pazagraph "C" of this section. AILTICI.E VIII - NIISCELLANE©US PROVISIONS A. Assienment and Subcontracts. City shall not sublet, assign, or transfer any Work, in whole or in part, or assign any moneys due or to become due hereunder, which involve more than fifteen percent (15%) of the total cost of the Work, without the prior written consent of the District. As soon as practicable after. signing this Agreement, but in no event not less than ten (10) calendar days prior to the effective date of any such subcontracts, City shall notify the District's project "manager in writing of the names of such subcontractors. City shall not employ any such subcontractors until they aze approved in writing by the District, which approval shall not be unreasonably withheld. Upon receipt of such consent, when a written work product is involved, City shall cause the names of the firm(s) responsible for such portions of the Work to appeaz thereon. City shall provide the District with an executed copy of any such subcontracts within ten (10) calendaz days after the effective date of the subcontract. Neither District approval of a subcontractor nor any other provision of this Agreement shall create a contractual relationship between any "subcontractor and the District. City shall be responsible for the fulfillment of all Work elements included in the subcontracts and .shall be responsible for the payment of all monies due under any subcontract. City shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for its own acts and omissions. City shall hold the District harmless from any .liability or damages arising under or from any subcontract to the extent allowed by law. Nothing herein shall create any contractual relationship between any subcontractor and the District. B Interest of CSty. City certifies That no officer, agent, or employee of the District has any material interest, as defined in Chapter 112, Fla. 5tat, either directly or indirectly, in the business of City to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. C. Independent Contractor: City is an independent contractor. Neither City nor City's employees are employees of the District. City shall have the right to control and direct the menus and methods by which the Work is accomplished. City may perform services for others, which solely utilize its facilities and do not violate any confidentiality requirements of this Agreement. City is solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws. City's duties with. respect io itself, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers' Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for performance of the Work; (3) providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if City is not a corporation, self-employment (Social Security) taxes; (5) compliance with the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq:, including payment of overtime in accordance with the requirements of said Act; (6) providing employee training for all {auctions necessary for performance of the Work; (7) providing equipment and materials necessary to the performance of the Work; and (8) providing ofnce or other facilities for the performance of the Work, In the Page 6 of I2 Contract #SH472AA event the District provides training, eauinmeni, materials, or facilities to meet specific District needs or otherwise facilitate performance of the Work, this shall not affect any of City's duties hereunder or alter City's status as an independent connector. D: pion Lobbvino- Pursuant to Section 216.47, Fla. Stet.; Cit from the District pursuant to this Agreement will not be used f~ ~~es that monies received Legislature or any other state agency. Purpose of lobbying the E• Civil Ri¢hts. Pursuant to Chapter 760, Fla. Star., City shall not discriminate against env employee or applicant for employment because of race, color, religion, sea;, or national origin, age, handicap, or marital status. F• Audit: Access to Records. City agrees that the District or its duly authorized representafives shall, until the expiration of three (3) years after expenditure of funds hereunder, have access to examine any of Ciry's books, documents, papers, and other records involving transactions related to this Agreement. City shall preserve all such records for a period of not less than three (3) years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. City shall refund any such reduction of payments. All required records shall be maintained until au audit has been completed and all questions arising from it are resolved. City will provide proper facilities for access to and inspection of all required records. G. Release of Information. Records of City that are made or received in the course of performance of the Wozk may be public records that are subject to the requirements of Chapter 119, Fla. Stet. In the event City receives a request for any such records, City shall notify the District's project manager within three (3) workdays of receipt of such request and prior to the release of any information. Nor shall City publish or release any information related to performance of this Agreement, or prepaze, publish, or release any news or press release in any way related to this Agreement, without prior District review and the District's written consent. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of Chapter 119, Fla. Stet., as amended. H. Royalties and Patents. Unless expressly provided otherwise herein, City shall pay all royalties and patent and license fees necessary for performance of the Work and shall defend all suits or claims for infringement of any patent rights and save and hold the Districtharmless from loss on account thereof, provided, however, that the District shall be responsible for all such loss when the utilization of a particular process or the product of a particular manufacturer is specified by the District. If City at any time has information that the process or article so specified is an infringement of a patent, it shall be responsible for such loss unless it promptly provides such information to the District. City hereby certifies to the District that the Work to be performed pursuant to this Agreement does not and will not infringe on any patent rights. Governine Law. This Agreem,nt shall be construed and int reted accordinP state of Florida. ~ o to the laws of the Venue. In the event of any lega] proceedings arising from or related to this Agreement, venue for such proceedings, if in state. court, shall be in Orange County, Florida, and if in federal court, shall be in the Middle District of Florida, Orlando Division. Page 7 of 12 Contract #5x472AA ~ Attorney's Fees. In the event of any legal or administiative proceedings ansmg from or related to this Agreement, including appeals; each party shall bear its own attorney's fees. L• Conflicting Provisions. If any provision hereof is found to be in conflict with the General Conditions, Special Conditions, or any attachments hereto, the terms in fire body of this Agreement shall prevail. M. 4Z'aiver of .Right to Iurv Trial, In the event of any civil proceedings arising from or related to this Agreement, City hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial, N. Construction of Agreement, This Agreement shall not be construed more strictly against one P~3' than against the othermerely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parries, have contributed substantially and materially to the preparation hereof. O• Entire Agreement. This Agreement, upon execution by City and the District, constitutes the entire agreement of the parties, The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. City agrees that no representations have been made by the District. to induce City to enter into this Agreement other than as expressly stated herein. This Agreement cannot be changed orally or by~ any means other than written amendments referencing this Agreement and signed by all parties. 1'. Separate Counteroarts. This A Bement ma be executed in se grate coon not affect its validity. ~ y P terparts, which shall IN WITNESS WHEREOF, the St. Johns River Water Management District has caused. this Agreement to be executed on the day and yeaz written below in its name by its executive director, and City ~ caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER CTl'il~Or SEBAST~~' MANAGEMENT DJSTRICT OO ~ .-^ By: ~ _.~ ,~ Kirby B. Green F,II, ,Executive Director Bye ce ~ _ _ G~v~oe„ ~,®. ~. ~l~a~~~ ~ ~ - ~ ~ ~~~« Date: ~J ~y d ame and/title --r-- Date: `?'~u~y-~C~ APPROVED $Y THE OrFICE F NER~I, C ~LTNSEL ~ /,~ /~,Gt:~l_____ Attest: ~' ~ (_.( _ ~~ -- Sally Maio, City c ~tamey J. Niego, Sr. Assistant General Counsel Typed Name and 7Yfle Documents attached: Api?r°"ed as to formrand legality for the City of Sebastian, Exhibit A-Statement of Worlc ~ ' \~ c'~ \~~.. ^~ Exhibit B- CotaPtrollers Memorandum J Rich Stnrgei, city Attom~ Fage 8 of 12 Contract #SH472AA E~IZ' °`A" -STATEMENT OF WORE City of Sebastian's Indian River Drive Nutrient Separafiag Baflle Box I. I_NTRODUCTIONBA CKGROUND: This retrofit project proposes the installation of a nutrient separating baffle box and associated stormwater conveyance suvctures and piping to capture stormwater from an area of approximately 96 acres of Iight commercial and residential land use bounded by US Highway #1 to the west, Indian River Drive to fire east, Jackson Sweet to the north and Oyster flay Resort to the south. This project eliminates a direct dischazge of untreated stormwater into the II2L. A regular maintenance Program will be initiated to remove all organic debris, floatables and sediments from fire baffle box ensuring continued water quality treatment. The goals of this project conform to the goals of the IP,? . Comprehensive Conservation and Management Plan (COMP) and the Surface Water Improvement and Management P]an (SWIM) to upgrade existing stormwater systems and increase stormwater storage and treatment. The public education component of the project also conforms to the goals of the CCMP and SWIM p~ to inform the public of the value of the IRI. and threats to continued viability of the resource. This project is sited within the Gity owned right of way. D• OB.TECITPES: In October 2002, the City of Sebastian formed a stormwater utility to provide a funding source to address the concern of pollutant loadings to tlie''II2II,. The stormwater utility's primary goal is to provide water quairty treatment by decreasing the sediment and nutrient loadings from point and non-point sources to the II2I.. This retrofit project conforms to the goal of the stormwater utility with the installation of a nutrient separating baffle box and associated stormwater conveyance structures and piping to capture sediment, litter, foliage and hydrocazbons from an azea of a ro residential land use located between US Highway #1 and the IRL. Iteis projected thaththe installation of the baffle box will remove up to 90% of the total suspended solids from the stormwater flow. ffi• SCOPE OF WORK: This project will permit, purchase, and install a nutrient separating baffle box including an elevated screen system to capture organic debris and floatables, a lower collection chamber to trap and retain sediments and non -floatables and a floating boom to collect hydrocarbons. Three HDPE influent pipes and one 29" x 45" discharge Pipe will also be installed. The public education component of the project includes coverage of the project in the City of Sebastian's quarterly newsletter to residents and press releases in the local newspaper. Educational signage will be provided on site N• TASK IDENTIFICATIOI~t: Task 1: All work required to prepare final design specifications. Page 9 of 12 Contract #SH472AA Task 2: All work regtred to comply with all Federal, State and Local government regulatory requirements and obtain all necessary permits. Task 3: All work required to prepare, send, receive, evaluate and awazd construction bid. Task 4: All work required to install the nutrient sepazating baffle box and associated piping, backfill and, grade construction site, clean and restore construction site Task 5: All work reauired to provide public information and education and work site signage V• DEI,IPERAgLES and TIME g'RAIVIES: All Deliverables aze to be seat to the District office located at: 525 Community College Pazlcway SE Palm Bay, Florida 32909 Deliverables should br addressed to the attention of Wayne Mozo. Task 1: Design. Task 1 Deliverable due in District offices by August 32, 2004. Deliverable: Completed set of design documents signed and sealed Fly a Registered Professional Engineer. Task 2: Obtain all necessary project permits. Task 2 Deliverable due in Disurct offices by November 19, 2004. Deliverable: Copies of all necessary project permits. Task 3: Awazd construction bid. Task 3 Deliverable due in District offices by December 31, 2004. Deliverable: Copy of construction contract. Task 4: Installation of nutrient sepazating baffle box, associated piping and cleaning of constmction site. Task 4 Deliverable due in District offices by April 30, 2005. Deliverable: Photographs of baffle box installation and educational sign¢ge; as built survey; and FinaZAcceptance Letter. Task 5: Public information and education. Task 5 Deliverable due in District offices by Apri130, 2005. Deliverable: Project applicable copies of the City's quarterly newsletter and other applicable press releases. Page 10 of 12 ~'I. BFJD~ET/COST SCHEDT7I,E: tcense Plate (Sebastian 5ebas6an Descripfion Wading I 'Cost __ __ Cost Share nit, purchase instaIl Nutrient uating BafIle and associated lent and All budgeted items are included in Tasks 1 throuLlt 5. 790)/ contract ~sxa72AA 30, 2005 Page 11 of 12 Contract #SH472AA LXFIIBiT' `B" ComptroIIer Contract Payment Requirements Deparhnent of Banldug and Finance. Bureau of Audifing NEanual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should cleazly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed, Listed below are examples of types of documentation representing the m;n;mnm re gtrirements: (1) Salaries: A payroll register or similaz doc should show umentarion should be submitted, The payroll register gross salary charges, fringe benefits, other deductions and net pay. 7f an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked-times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums pazd) ~{ the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Crovernmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means, (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds; the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements far. contracts which include services and that provide far the contractor to purchase tangible personal property as defined in Section 273,p2, Florida Starutes, for subsequent transfer to the State. (5) 1a-house charges: Chazges which may be of an internal nature (e g postage, copies, etc.) may be reimbursed on a usage log which shows the units rimes the rate being charged, The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Stamtes, a contract between state agencies including any contract involving fire State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs Pale 12 of 12