HomeMy WebLinkAboutCost -Share Agreement -Reclaim Water TankContract #29253
Encumbrance #SO07725
COST -SHARE AGREEMENT
BY AND BETWEEN THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF CAPE CANAVERAL
IMIS AGREENCWr C'Agreement") is entered into by and between the GOVERNING BOARD of the
ST. JOHNS RIVER WATER MANAGEMENT DIST?JCT ('the District'% wbose address is 4049 Reid StreA
Palatka, Florida 32177, and the CITY OF CAPE CANAVERAL C'Recipient"), P.0 - Box 326, Cape Canaveral,
Florida 32920. 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
surfice 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 initiated a cost-sharing program in Fiscal Year 2013 for construction projects that
involve water resource development, alternative water supply development, water conservation,
or spring shed nutrient -loading reduction, and address one or more of the following District
strategic initiatives: springs protection, North Florida Water Supply Partnership, Centrad Florida
Water Initiative, or minimum flows and levels prevention and recovery,
The District has determined that providing cost -share funding to Recipient for the purposes
provided for herein,�;vill benefit the water resources and one or more of the above -staled
initiatives.
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-):
Reclaimed Water Tank Project
In considention of tht; above recitals, and the funding assistance desenbed below, Recipient agrem to
perform and complete the activities provided for in the Statement of Work, Attachment A, Recipient shall
complete the Project hi conformity with the contract documents and all attachments and other items incorporated
by ref�rence herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A
- Statement of Work, and (3) all attachments, if any. Ile parties hereby agree to the following terms and
conditions.
TERM; WITRDRAWAL OF OFFER.
(a) The term of this Agreement is from the date upon which the last party has dated and cx=ted
the same ("Effective Date') until S eptmber 30, 2016 MomPletion Date"). Recipient shall not
commence the Project until an), required submittals are received and approved. Recipient shall
commence perforinance within fifteen (15) days after the Effective Date and shall complete
performance in accordance with the time for completion stated in the Statement of Work. Time
is of the essence for every aspect of this Agreement, including any time extensions.
Notwithstanding specific mention that certain provisions survive termination or expiration of
this Agreement, all provisions of this Agreement that by their natue extend beyond the
Completion Date survive termination or expiration hereof
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(b) This Agreement constitutes an offer until aurthorized, signed and returned to the District by
RedPient- 711is Offer terminates forty-five (45) days after receipt by Recipient; Provided, however,
that Recipient may submit & written request for extension of this t1mc limit to the District's Project
Manager, stating the reason(s) therefor. Ile Project Manager shall notify Recipient in writing if an
extension is granted or denied. If gr=4 ibis Agreement shall be deemed modified accordingly
without any furiher action by the parties.
(c) If the construction, which is eligible for District reimbursen=t, does not begin before
September 30, 2015, the cost -share agreement will be subject to termination and the funds
subject to reallocation.
2. DELIVERABLES. Recipient shall fully in'Plement the Project, as described in the Statement of Work,
Attachment A. Recipient is responsible for the professional quality, technical accuracy, amd timely
completion of the Project. Both workmanship mid materials shall be of good quality. Unless otherwise
specifically provided for herein, Recipient shall pro -vide and pay for all matcrials, 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 finiabed in all respects. Upon satisfactory
completion of the Project, the District will provide Recipient a written "ement 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 &rising from or by reason of
this Agreement.
OIAWERSHIEP OF DELIVERABLES. Unless otherwise prmided he=4 the District does not assci 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 approximately twenty
five percent (25%) of the total estimated construction cost of $3 030,000.00 for the Project, but
in no event shall the District cost -share exceed $741,427.50. Ile' 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 oftbis
Agreement.
(b) "Construction cost" is defined to include actual costs of constructing project facilities, including
construction management. Land acqWsition, engineering design, and permitting costs are
excluded. Construction cost does not include any costs !ncurred priorto the Effective Date,
unless expressly authorized by thc Statement of Work. Costs that are excluded will not bt
credited toward Recipient'& cost -share.
(c) Cooperative funding sbrE- not be provided for t;xpenses incurred after the Completion Date.
5. PAYMENT OF INVOI CES,
(a) Recipient shall submit iten-dzed invoices upon Task completion as per 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, Flodda 32177, or (2)
by e-mail to acctpay@sjrwi-nd.com. The invoices shall bt submitted in detail sufficie-11 for
proper prc-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 approved
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expenses in accordance with the Cost Schedule for Reimbursement in Section VI of Attachment
A for each invoice submitted until the n0t-t0-ex0ced amount of the District's cost -share has
been expended. The District shall not withhold any retainage from this reimbursement. District
reirnburscment is subject to annual budgetary limitation, if applicable, as provided in subsection
(g). If necessary for audit purposes, Recipient shall provide additional sUPPcHling information as
required to document invoices.
(b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30.
Irrcspective of the invoicing frequency, the District is required to account for all encumbered
funds at that time. When autherized under the Agreement, submittal of an in% oice 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 subn-dt, 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 ne, later than forty-five (45) days after the
Completion Date; provided, however, that when the Completion Date corresponds with the end
of the District'-, 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 invoim This
penalty may be waived by the District, in its sole judgment and discretion, upon a showing
of special circumstances that prevent the timely submittaJ of the irmal 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 informtion: (1) District contract number; (2) District
encumbrance number; (3) Recipient's name and address (include rtzmil address, if necessary);
(4) Recipient's invoice number and date of invoice; (5) District Project Manager; (6)
Recipient's Project Manager; (7) supporting documentation as to cost andior 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 fiction within twenty (20) business
days of receipt, stating the basis for rejecdon. Payments shall be made within folly -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
compensabic. If travel expenses are not included in the cost schedule, they are a cost of
providing the service that is bome by Recipient and are only compensable when specifically
&pproved 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. 71c 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) an), other material breach of this Agreement.
Amourts withheld shall nol be considered due and shall not be paid until die ground(s) for
withholding payment have been remedied.
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(9) 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. Ile
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 I — SePteniber 30) CAnnual
Spending Plan'l. 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 Hicreasing the Total Compensation. The last date for the District to receive this
request is August I of the then-currmt 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. LL4,BHJTY AND INSURANCE. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or ornissions of that party, its officers, eMPloyces 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 av"ble 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 texm of this
Agreement such liability, workers' compensation, and automobile insurance as required by their current
rules and regulations.
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
revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida
Legislature, or (3) appropriations from othea, agencies or funding sources, Agrwinents that extend for a
period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion
and judgmerit 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 Fisca) year Or succeeding F iscal Years, the District shafl so
notify Recipieat and this Agreement shall be deemed tem-linated for convenience five (5) days after
ruccipt 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 I and ending on September 30.
PROJECT MANAGEMENT.
(a) Tle 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 withiii five (5) business days. All noiim shall be in writing to the Project
Managm 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; (4) e-mail or, (5) fax, Notices
via certificd mail are deemed delivered upon receipt. Noticn via Overnight courier are deemed
delivered one (1) business day afler having been deposited with the courier, Noticts via e-mail
or fax are deemed delivered on the date transmitted and received,
DISTRIC]
Nitesb Tripathi, Ph.D., Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
386-312-2359
E-mail: ntTipathi@,,sjr,.vmd.com
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RFAAPIENT
Jeff Ratliff, Project mamse,
City Of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
321-868-1240
E-mail: i-mlliffCQ)citYofcapemtiaveral.org
Contract #28253
Encumbrance #SO07725
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating District policies and decisions regarding all matten
pertinent to performance of the Project. The District's Project Mamger may issue a District
Supplemental Instruction (DSI) form, Attachment C, to auffiorize minor changes in the Project
that the parties agree = not inconsistent with the purpose of the Project, do not affect the
District cost -share or Completion Date. oT othemise significantly rri0dify the terms of the
Agreement.
9. PROGRESS REPORTS AND PERFORMANCt MONITORING.
(ft) Progress Reports. Recipient Shall providc to the District quarterly project update/status reports as
provided in the Statement of Work Repm-ts will provide detail on progrem of the project and
outline any potential issues affecting completion or the overall s-bedule. 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 Senior Management Analyst
witWn thirty (30) days after the closing date of each calendar quatler (March 31, June 30,
September 30 and December 3 1).
(b) PerforMaMe Monitoting. For as long as the Project is operational, the District shall have the right
to inspect the uperation of the Project during nomW business hours upon masonable prior notice.
Recipient shall make available to the Dist ct any data that is requested ing to PC 0
of the ProjecL 1i pertain rf mumce
10. FAELURE TO COAIPIXM 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 fUed to complete the Project due to
circ=tances that are beyond Recip-ent's control, or due to a good faith deterrninhtion that the
Project is no longer environmentally or econonrically feasible. In such event, the District may
excuse Recipient from the obligation to returm 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 t�e Projmt. 17hr parties shall
discuss the status of the Project and may mutually agrw to revise the Completion Date 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 Proiect for the purposes
of this provision.
(b) In tht; event the Project constitutes a portion of the total functional Project, this paragraph shall
apply in the cvc:nt the total functional project is not complettA. In such event, the go -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.
(c) This paragraph shall survive hL; 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 shall provide Recipient vkq�ttcn notice of the
deficiency by form,arding a Notice to Cure, citing the specific nature of the breach. Recipient shall have
thirty (30) days to cure the breach. If Recipient fails to cue the breach within the thirty (30) day pciiod, the
District shall issue a TermiDation for Default Notice and this Agreurnent shall be terminated upon receipt of
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said notice. In such everit, Recipient shall refund to the District all funds provided to Recipient pursuant to
this Agreenient within thirty (30) days of such termination. The District may also terminate this Agmenient
upon ten (10) days written notice in the event of any mateiial misrepresentations in the Project Proposal.
ADDITIONALPRQ—� IONS (Alphisbeticall
12, ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, widmt 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.
13. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. Recipient "I maintain its books and records such that receipt and
expenditure of the ftinds provided hereunder am shown separately from othff expenditures in a
forniat 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
docurnentation for at least five (5) yem 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
Agre=ent. In the event of an audit, Recipient shall maintain all required records until the u
a di*
is completed and all questiom are resolved. Recipient will provide proper facilities for access to
and inspection of all requined 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 ftinds for purposes other than as provided for herein; (2) Recipient has failed to peon -n a
continuing obligation of this Agrement, (3) Recipient has received duplicate farids from the
Distaict for the same pwrpose; (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 wider the
Agreement; and/or (6) RecipiLnt has rweived more than one hundred perce.11 (100%) contributions
through cumulative public agency cost -sham ftinding.
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 RESOLIMON, Recipient is under a duty to seek clarification and resolution of any issuc,
discrepancy, or dispute involving perforniance of this Agreement by subinitting a written statement to
the District's Project Manager no later than ten (10) business days afier the precipitating event. If not
resolved by the Project Manager, the Project Manager shall forward the request to tl�e District,s Office
of Gener-al Counsel, which shall issue a written decision within ten (10) business days of receipt. nij�s
deivrinination shall constitute fmal 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 OPPortunit), for diversity in the
performance of all cosi-sharing agreements, and encourages Recipient to inake a good faith effort
to ensure that women and rninority-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 nairies for all
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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, NTNUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAI,.
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 ch-afled by one of the parties.
As used herein, "shaU" is always mandatory. In the event of any legal proce�dings arising fi= or
related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Orange
County; (2) 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.
Is, INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are
independent contractors and not employm or agents of each other. Nothing in Us Agreement shall be
interpreted to establish any relationship other than that of independent contractors during and efler the
term of this Agreement. Recipient is not a contractor of the District. The District is providing cost -sham
funding as a cooperating governmentai entity to assist Recipient in accomplishing the Project,
Recipient is solely responsible for accompbshing the Project and directs the means and methods by
which the Project is accomphshed. Recipient is solely rcsponsible for compliance with aA labor and tax
laws pertaining to Recipient, its officers, agents, and employees.
19. INTEREST OF RECIPIENT. Recipient certifies that no officer, agcnt� or employee of the District has
any material interest, as defined in chapter 112, Fla. Stat., either dirwly 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-LOBBYMG. Pursuant to secuon 216,347, Fl& Stal., as amended, Recipient agr= 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 ftnd local laws and regulations in
implementing the Project and shall include this roquirement in all subcontracts pertaining to the Project,
Recipient shall obtain any and all governmental perrnits necessary to implement the Project, Any activity
not properly pertnitted prior to implementation or completed without proper permits does not comply with
this Agreement and shal I not be approved for cost -share RuAffi&
22. PUBLIC ENTITY CRIME. A person or affihate 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 senrices 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, n-wy not submit
bids, proposals, or replies on ]cases of real property to a pubhc entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant -under a contract with any p-ablic 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 nmde or received in the course of performance of
the Project may be public records that are subject to the requirements of chapter I 19, Fla. Siat. If
Recipient receives a public records request, Recipient shall Promptly notify the District's Project
Manager. Each party reserves the right to cancel this Ag.-ecintnt for refusa! by the other party 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,
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24. ROYALTIES AND PATENTS. Redpient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royaltles and patent and
lic=se fees necessary fbr performance of the Pr(�ect and shall defend all suits or claims for
infringement of any patent rights and sa-v-e and hold the District ham -Jess from loss to the extent allowed
by Florida low.
IN WITNESS WEMREOF, the St. Johns River Water Managemerit District has caused this Agreement
to be exomited 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 authoiized representeves,
and, if appropriate, has caused the sal of the corporation to be attached. This Agreement may be ekocuted in
separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entim
agreement of the parties, notwithstanding any stipWationg, rVresentations. agreements, or promises, oral or
otherwise, not printed or inserted herein. This Agreement cannot he changed by any incans other than written
amendments referencing this Agreement and signed by idl parties.
ST. JOHNS RrVER WATER
Daft: Wlolls-
Appra as to Fc rm, and Legality
M as
ill 4Ar, Sr. Assistant General Counsel
ATTACIUKENTS
Attachment A — Statement of Work
Attachment B — Progress Report Form
Attachment C — District Supplemental Instrwion Form
Cost -sham: 2015 Initiative
Last updated: 10-29-14
CITY OF CAPE CANAvERAL
By: COA-4 % P AAt,*&*-
David L. Greene, Citv ManaRer
Typed Name and Title
Date: 06/24/2015
Attest: a—.&Z I,
Typed Name and Title
Approved as to Legal Form and Sufficiency for
City of
;Z!t VM1 Only By.
Anthony A- Gargarime, City Attorney
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ATTACHMENT A - STATEMXNT OF WORK
CITY OF CAFE CANAVERAL
RECLAEKED WATER TANK PROJECT
L PiTRODUCTIONABACKGROUND
The St, Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative
Program in FY201 5 to develop and implement resource and water supply developinent projects and promote
consmation. 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,& strategic Initiatives.
The City of Cape Canaveral (Recipient) has requested and been selected as a participant in this cost share
program.
On June 10, 2014 the District*s Governing Board approved funding for the Recipient's Reclaimed Water Tank
Project. Ile District will provide funding in the amount of $741,427.50 towards the original estimated
construction cost of $2,246,750.00. The re%ised construction cost is $3,030,000.00, primarily due to desigil
changes to accommodate local soil conditions,
11. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable the Rmipica to construct a 2%
million gallon reclaimed water ground storage tank. The quantity of water expected from this project is 23.9
million ga1lons per year. This water will go to reclaimed customers instead of discharged directly into the
Banana River Lagoon.
DEL SCOPE OF WORK
Rocipi ent is designing, permitting, and constructing a 2 �6 million gallon reclaimed water ground storage tank.
ne Recipient shall enstim the responsibilities in the Project Administration section of the Statement of Work
are completed.
IV. PROJECT ADMINISTRATION
The Recipient shall be responsible for perforrning the following:
Complete and obtain final project design, construction plans, and specifications;
Provide a copy of Recipient's executed construction contract documents to the District,s project
Manager,
Provide a copy of any subsequent changt orders to the contract to the District's project Manager;
Obtain all required permits, including right of access to the project sites lated p j t ion
and subsequent operation and maintenance of the completed work- re to ro ec: construct
Assure compliance with all permits and permit conditions,
Provide procurement for project canstrurtion;
Perform supmision and inspection of construction;
Perform wnstructioD contract administration;
Submit timely invoices for actual construction costs in accordance with this cost share agreement to
enable proper review by the District's Project Manager prior to payment authorization;
Provide Projeo Progress Reports, Attachment B, quarterly to tht District'a project Manager and the
District's Budget Manager, Email address nil icou r1QsJrwmd.com. infOrMation shall include project
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progress to date, key milestones reached, overall project schedule versus time for project completion,
key issues to be resolved, projected costs versus actual cost to date, and otlim required information. If
no work has been done within the quarter, Recipient must subinit the quarterly progress report
indicating "no progress to report."
Provide certification of partial or completed construction for each reimbursernmt request by a
Professional Engineer registerod in the state of Florida; and
Assure compliance with cost accounting practices and procedures required for reirribursem t of
share funds expended. en cost
V. TWE FRAMES AND DELINTRABLES
The expiration date of this cost-sbaye agreement is September 30,2016. ThCPTOjected Schedule for the Project
construction is as follows:
Anticipated Construction Start Date: June 2015
Anticipated Construction Completion Date: May 31, 2016
VT BUDGET/COST SCHEDULES
For satisfactory completion of the Project, the District sball pay Recipient approxi�ately twenty-five percent
(25%) of the actual construction COSL Of the Project, estimated at $3,030,000.00, but in no event shall the
District's cost -share exceed $741,427,50. Recipient shall invoice the District uPon Task completion in
accordance with the table below. The invoices shall include a copy of the contractor,s invo b tt tot e
Recipient, proof of payment by Recipient, and other required supporting ices su mi ed h
documentatior. 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 expmes for the PrQJ Oct. If the total construction cost of this project is less than
originally estimated, the District *s cost -share amount shall be reduced proportionally.
This cost4hare agreement is a multi-year agreement. The anticipated expenditures for this cost -share agreement
by fiscal year (F.Y) are shown below. Task I will be completed in FY 14-15; Tasks 2, 5, and 4 will be
completed in FY 15-16.
October 1, 2014 — September 30, 2015 (FY 14-15) SM,428.25
October 1, 2015 — September 30,2016 (FY 15-16) $518,999.25
Cost Schedule for Reimbursement - Estirnaled cost Of construction is $3,030,000.00; District's 25%,
appro tcly, s not to exceed $741,427,50.
Anna
Task
Di—strict's Pe rce�t
—DisMd1s
Task Desciiption
of Reinabunement
Reimbursement at
of $74
pletion of Task
I
General Requirements - $40,958.75
30%
Mobilization - $7,553.00
$222,428.25
Sitework - $97,207.11
Ground Tank (Partml) - $540.852.89
2
_Storage
General Requirements - $40,958.75
30% $222,428.25
Sitework - $48,603-56
Ground Stom
Se Tank (ParLial) - $597.009.44
S185,356.88
3
Geneml Requirements - $40—,958.75
Ground Storage Tank (Completion) - $531,184.28
4
General Requirements - $40,958.75
150/-
$1. 1 'l,214.12
Ground Storage T" (Completion) - $254,007.22
Yard Piping - $48,320.00 i
Page 10 of 12
ATTACIHMENTR
SL Johns River W*trr Management District
Project Prog Report
Date:
inonth/day/yeay
RePort Number:
ConlrmWPmjed Idenfificadon
Project Name: I Reclaimed Water Tmk Nect
Reelpent: Icity of capecawvv�d
ISJR%WD Contract Number- 28253 JR hvjact ManUw. I i sh Trip�i, PhD.
— I [PI-azoafs Project MarAgw. Ij
Construedws selwale A"rdng P-iod
[Start Date (mm'dcIft). IBegimimsDate
LC yy) Ending I)mc(nmVddlyy):
�Ietion (Rmvdd -- EEEEEI
Total
T"ffw
lbs Patio&
Duration
!Pkmncd Duration:
weds
Duration To -dew.
Wacks
Duration 77his PaW:
Weeks
Paomt Duratim Expanded: %
Anticipated Future Pa went Requesb:
3 Months 6 Months 9 Mon 12 M
f., #64. D M j I
UN
Task Projected
StAft FInish Per"ot Finish
Number Tasks/hItiestoncs/Deliverables Date Date Complete Date
Attach in additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances,
Contract #28253
Encumbrance #SO07725
ATTACBNMNT C — DISTRICT'S SUPPLEMFNTAL INSTRUCTIONS (sample)
DISTRICT SUPPLEMENTAL, iNsTRucTioNs #
Fly, 6 "1
TO:
FROM: , Project Manager
CONTRACT/PURCHASE ORDER ?,,IJMBER--
CONTRACT TITLE:
The Work shall be carried out ro accordance with the foHo'%ing SUPPI=`ental instruction issued in accordance with
the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance
with these ins�ctions, indicate your acceptance of these instructions for minor changes to the work as consistent
with the Contract Documents and return to the EUtrict's Project Manager.
CONTRACTOR'S SUPPLUVEENTAL INSTRUCTIONS:
2. DESCRIP]ION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMEN FS:
Contmetor's approval: (choose one of the items below):
Approved: Date -
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.)
Approved:
Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserve$ the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved:
, District Project Manager
Date:
Aclmowledgod: , Distict Contracts Administrator Date: -----------
cc.- Contiact/Purchasing file
Financial Management
Page 12 of 12