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HomeMy WebLinkAboutItem 10 Authorization of Funding for Windsor Landing Subdivision Reuse System AGENDA ITEM COVER SHEET Meeting Date: November 15, 2005 Item # ~o ~ I --.. Contact Name: Contact Number: David Wheeler, P.E. 407-905-31 00 ext. 1504 Reviewed By: Department Director: City Manager: Subject: Windsor Landings Subdivision Reuse System Background Summary: This project includes extending 2000 feet of reuse main along Maguire Road to serve the Windsor Landings Subdivision. This will supply reuse water the Windsor Landings subdivision as well as provide stub outs for future connections at Thornebrooke Drive and the undeveloped tract southwest corner of Maguire Road and Roberson Road. South Florida Water Management District (SFWMD) Alternative Water Supply Funding Program had awarded the City $50,000.00 to help fund this project. Issue: The funding of the reuse extension to the Windsor Landings Subdivision and accepting the grant from the SFWMD. Recommendations The Engineering and Public Utilities Departments request that the City Commission authorize the funding of this project and authorize the Mayor and City Clerk to execute the agreement with SFWMD. Attachments: SFWMD Alternative Water Supply Funding Contract # DG061195 Financial Impact: This project will be funded by the $50,000.00 awarded by the SFWMD Alternative Water Supply Funding Program together with the amount Westridge PUD will pay for the segment along Maguire Road adjacent to their property. The remaining cost of the project will be funded by City funds shifted from other City reuse projects budgeted for this year. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda _ Original DocumenUContract Attached for Execution by City Clerk _ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Utilities Dept. -~ zJtf N/A N/A N/A . City Mana!!:er Robert Frank Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vander!!:rift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P .E. City Engineer DATE: November 9,2005 RE: Windsor Landings Subdivision Reuse System ISSUE The funding of the reuse extension to the Windsor Landings Subdivision and accepting the grant from the SFWMD. BACKGROUND/DISCUSSION This project will consist of extending the existing reuse water main along Maguire Road approximately 2000 linear feet from Moore Road to the entrance to the Windsor Landings subdivision. This project will also provide a stub out to the west side of Maguire Road at the Thornebrooke Drive intersection. The sidewalk along Maguire Road will also be replaced as part ofthe project. This project will allow the Windsor Landings subdivision to be connected to the City of Ocoee' s reuse system. Windsor Landings reuse system is currently tied into Orange County Utilities potable water by means of a master jumper. This project was presented to the SFWMD in an application for Alternative Water Supply Funding to expand the City's reuse system. In initial discussions with SFWMD, they did not realize that this area ofOcoee was within their district. The original intent of the application was to get a project submitted to them with hopes that by getting into the arena for grant money within a few years we would be able to get a grant to support our future projects. The City Commission had last year authorized the use of remaining funds left over from the Bond Issue be used towards this project. The initial application came back with $50,000.00 funding to apply toward the project. Following the guidelines of the application requirements from SFWMD the project must be completed by the end of August 2006. Because of SFWMD's requirements staffhas moved this project forward. The estimated cost for the project is $340,000.00. SFWMD will contribute $50,000.00 to the project and Westridge PUD will pay for a portion ofthe reuse main tha~ will run along Maguire Road adjacent to their property. The City will fund the remainder of the cost by shifting funding from other reuse projects budgeted for this year. The design for the project will be handled by the engineer for Westridge PUD or one of the three City engineering consultants. 1 i��ahl11, SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 —2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: I Agreement Number: DG061195 City of Ocoee Governing Board Approval Date: October 12, 2005 Recipient's Project Manager: David Wheeler District Funding Amount: $50,000.00 Address: Ter II ination Date: September 30,2006 150 N. Lakeshore Drive r .. . - , ;a Ocoee, FL 34761 �� .�� Telephone No: (407) 905-3100, Ext. 1505 likto Fax No: (407) 656-7835 „4,11v,-44,4d'400.. 1 a ..� �. str „� %;'?%%, SFWMD Project Manager: Gregg Mallinger Telephone No.: (561) 682-6727 Fax No.: (561) 681-6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682-6378 Fax No.: (561) 682-5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Insurance: Not Applicable Federal Employer Identification Number: 59-6019764 Project Title: City of Ocoee-AWS FY2006 Description: Reuse Main Extension to Windsor Landings Subdivision Agreement No. DG061195, Page 1 of 9 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part ofthis Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Exhibit B Exhibit C Statement of Work Schedule of Deliver abIes Reporting Form ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement, and shall terminate on the date noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION I CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for the construction activities described in Exhibit "A". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverab1e(s) as described in the "Schedule of Deliverables", attached hereto as Exhibit "B". On or before August 1, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysica110gs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682-2643, a1arenas@sfwmd.gov or Emily Richardson (561) 682-6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update/status reports by December 1, 2005; February 1, 2006; Apri11, 2006 and June 1,2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress ofthe project. ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2006. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2006 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August 1, 2006. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination ofthis Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak: of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/public awareness media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections and 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005-291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BYITSGOVE~NGBOARD By: Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) ! I Date: Ie //~!/os r r SFWMD Office of Counsel Approyed: By: Date: Recipient's Legal Name: By Authorized Official: Title: Date: A_______.I.I.I_ r""\.,...n"..,Anr F""\___.... ('0..... EXHIBIT "A" STATEMENT OF WORK City of Ocoee Reuse Main Extension to Windsor Landings Subdivision Brief Proiect Description: To extend the City's reuse water main to serve Windsor Landings subdivision which was constructed with a reuse system but which is temporarily master metered to the potable system. The City of Ocoee enacted an ordinance in 1994 that requires all developments install reuse mains with a master meter between the potable and reuse until such time reuse becomes available in that area. This project will supply the Windsor Landings subdivision with reuse water by providing 2000 linear feet of 12 inch reuse main which will reduce groundwater withdrawal from the Floridian aquifer and assist Orange County with meeting their consumptive use requirements. Exhibit "A" to Agreement No. DG061195, Page 1 of 1 EXHIBIT "B" SCHEDULE OF DELIVERABLES Total payment by the District to City of Ocoee shall not exceed the amount of $50,000.00. Payment shall be made following receipt and acceptance by the District of project de1iverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverab1es shall be submitted to the District for payment by April 1, 2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update/status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emai1s, memos, and letters. Task Deliverable(s) Invoice Rep.ort Due Date District Not- No. Date To-Exceed Payment 1 Status Report N/A December 1,2005 N/A 2 Status Report N/A February 1,2006 N/A 3 Status Report N/A April 1,2006 N/A 4 Status Report N/A June 1,2006 N/A Construction of2,000 linear feet 5 of 12-inch reuse main August 1, 2006 N/A $50,000.00 6 Annual Status Report N/A September 30, 2006 N/A TOTAL SFWMD PAYMENT $50,000.00 Exhibit uB" to Agreement No. DG061195, Page 1 of 1 EXHIBIT "C" REPORTING FORM Project Summary Final Report - FY 2006 Project Name Project Manager SFWMD Contract Number Project Owner Describe Project constructed: .... . Type of Quantity of Water Made Available Alternative Water (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish District funding this phase $ $ Local funds Other funding source $ $ From: $ $ TOTAL Attach map and photoes) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "e" to Agreement No. DG061195, Page 1 of 1