Item 07 Approval of Cost-Share Grant from St. Johns River Water Management District for the Retrofitting of the Windermere Groves Subdivision with Reclaimed Water ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 16, 2018
Item # /
Reviewed By: 1
Contact Name: Charles Smith Department Director: Char - . i
Contact Number: 407-905-3159 City Manager: Robert Fr. ,A) J j4'
Ir.
Subject: Cost-Share Grant from St. Johns River Water Management Dis ct for the Retrofitting
of the Windermere Groves Subdivision with Reclaimed Water; District 3 Commissioner Firstnet
Background Summary:
The Utilities Department (UD) submitted two applications to St. Johns River Water Management
District (SJRWMD) for inclusion in SJRWMD 2018 Cost-Share Grant Program. The submitted
applications are requesting grant funding for the retrofitting of The Hammocks Subdivision and the
Windermere Groves Subdivision. SJRWMD accepted both applications and ranked the Windermere
Groves application high enough to receive matching funds of one-third (33%) of the original estimate.
Furthermore, SJRWMD forwarded both applications with a recommendation to Florida Department
Environmental Protection (FDEP) for additional funding. UD staff has not received notification from
FDEP of possible funding. The UD plans to resubmit The Hammocks Subdivision for a SJRWMD 2019
Cost Share Grant.
The Windermere Groves Reclaimed Water Retrofit Project will provide reclaimed water to 128 homes,
one daycare center, and the development common areas for nondomestic use. This will offset 1.1
million gallons per month of reclaimed water withdraw. The project cost estimate calculation on the
grant application is $413,599.91 with a 33% matching amount of $136,487.97. A revised estimate,
based on current construction costs, has escalated the previously mentioned project cost estimate to
$510,000.
Issue:
Should the Mayor and Commission accept and approve the matching "Cost-Share Agreement
Between the St. Johns River Water Management District and City of Ocoee" for the retrofitting
reclaimed water in the Windermere Groves subdivision?
Recommendations:
Motion for Mayor and Commission to approve the "Cost-Share Agreement Between the St. Johns
River Water Management District and City of Ocoee", and authorize the Mayor to execute the
Agreement.
Attachments:
(1) Cost-Share Agreement Between the St. Johns River Water Management District and City of
Ocoee.
(2) Windermere Groves Construction Plans Cover Sheet (C1, 1 Of 19) and Key Sheet (K1, 3 of 19).
Financial Impact:
Funding was approved in Fiscal Year 18/19 of$500,000 from operating fund 401-535-10-6302 and
$136,487.97 for SJRWMD matching grant for a project total of$636,487.97. There will be additional
cost estimate to be under $60,000 for meters and associated appurtenances.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion& Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
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Contract#33659
COST-SHARE AGREEMENT
BETWEEN THE
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF OCOEE
THIS AGREEMENT("Agreement")is entered into by and between the GOVERNING BOARD of the
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT(the"District"), whose address is 4049 Reid Street,
Palatka, Florida 32177, and CITY OF OCOEE("Recipient"), 150 North Lakeshore Drive, Ocoee, Florida
34761. All references to the parties hereto include the parties,their officers,employees, agents,successors,and
assigns.
RECITALS
The waters of the state of Florida are among its basic resources,and it has been declared to be
the policy of the Legislature to promote the conservation, development, and proper utilization
of surface and ground water. Pursuant to chapter 373, Fla. Stat.,the District is responsible for
the management of the water resources within its geographical area.
The District 2018-2019 cost-share funding program is designed to fund the construction of
local stormwater management and alternative water supply projects as well as conservation
implementation projects. Its goals are to contribute to: (1)reduction in water demand through
indoor and outdoor conservation measures; (2)development of alternative or non-traditional
water supply sources; such as reclaimed water, surface water, or seawater; (3) water quality
improvements(for example, nutrient-loading reduction in springsheds or other surface-water
systems); and(4)water resource development opportunities(for instance, increasing available
source water through expansion or development of surface-water storage). The current cost-
share funding program also recognizes the importance of providing funding opportunities for
construction of flood protection and natural-systems restoration projects, which are important
components of the District's core mission focus.
The District has determined that providing cost-share funding to Recipient for the purposes
provided for herein will benefit the water resources and one or more of the District's missions
and initiatives.
At its April 2018 meeting, the Governing Board selected Recipient's proposal for cost-share
funding. The parties have agreed to jointly fund the following project in accordance with the
funding formula further described in the Statement of Work,Attachment A(hereafter the
"Project"):
Windermere Groves Reclaimed Water Retrofit Project
In consideration of the above recitals,and the funding assistance described below, Recipient
agrees to perform and complete the activities provided for in the Statement of Work,Attachment A.
Recipient shall complete the Project in conformity with the contract documents and all attachments and
other items incorporated by reference herein. This Agreement consists of all of the following
documents: (1)Agreement, (2)Attachment A—Statement of Work; and(3) all other attachments, if
any. The parties hereby agree to the following terms and conditions.
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1. TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and executed the same
("Effective Date")until September 30, 2019("Completion Date"). Recipient shall not commence the
Project until any required submittals are received and approved. Time is of the essence for every aspect
of this Agreement, including any time extensions. Any request for an extension of time beyond the
Completion Date must be made before July 1,2019. Timely requests to extend, for longer than six
months,the Completion Date of the Agreement for projects whose District contribution exceeds
$100,000 may only be approved by the District's Governing Board.Notwithstanding specific mention
that certain provisions survive termination or expiration of this Agreement, all provisions of this
Agreement that by their nature extend beyond the Completion Date survive termination or expiration
hereof(e.g., delivery of a final report, will remain in full force and effect after the Completion Date as
necessary to effect performance).
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient.
This offer terminates 90 days after receipt by Recipient; provided, however,that Recipient may submit a
written request for extension of this time limit to the District's Project Manager, stating the reason(s)
therefor. Request for extension of time after the 90 days will be denied. The Project Manager shall
notify Recipient in writing if an extension is granted or denied. If granted,this Agreement shall be
deemed modified accordingly without any further action by the parties.
(c) If the construction project, or the conservation project,which is eligible for District reimbursement,
does not begin before June 30, 2019,the cost-share agreement will be subject to termination and the
funds subject to reallocation.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work,
Attachment A. Recipient is responsible for the professional quality,technical accuracy, and timely
completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise
specifically provided for herein,Recipient shall provide and pay for all materials, labor, and other facilities
and equipment necessary to complete the Project. The District's Project Manager shall make a final
acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory
completion of the Project,the District will provide Recipient a written statement indicating that the Project
has been completed in accordance with this Agreement.Acceptance of the final payment by Recipient shall
constitute a release in full of all claims against the District arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein,the District does not assert an
ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project,the District shall pay Recipient 33%of the total estimated
construction cost of the Project,but in no event shall the District cost-share exceed$136,488. The
District cost-share is not subject to modification based upon price escalation in implementing the Project
during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to
ensure completion of the Project. Recipient shall notify the District's Project Manager in writing upon
receipt of any additional external funding for the Project not disclosed prior to execution of this
Agreement.
(b) "Construction cost"is defined to include actual costs of constructing Project facilities, including
construction management. Land acquisition, engineering design,permitting, and solicitation costs are
excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless
expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward
Recipient's cost-share.
(c) Cooperative funding shall not be provided for expenses incurred after the Completion Date.
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5. PAYMENT OF INVOICES
(a) Recipient shall submit itemized invoices as per the Statement of Work,Attachment A for reimbursable
expenses by one of the following two methods: (1) by email to acctpayc sjrwmd.com(preferred)or(2)
by mail to the St. Johns River Water Management District,Finance Director, 4049 Reid Street, Palatka,
Florida 32177-2571. The invoices shall be submitted in detail sufficient for proper pre-audit and post-
audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of
payment. Recipient shall be reimbursed for 100%of approved cost or the not-to-exceed sum of
$136,488,whichever is less. The District shall not withhold any retainage from this reimbursement.
District reimbursement is subject to annual budgetary limitation, if applicable,as provided in
subsection(g). If necessary for audit purposes,Recipient shall provide additional supporting
information as required to document invoices.
(b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of
the invoicing frequency, the District is required to account for all encumbered funds at that time. When
authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement.
The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal
of an invoice as of September 30, Recipient shall submit,prior to October 30, a description of the
additional work on the Project completed between the last invoice and September 30, and an estimate of
the additional amount due as of September 30 for such Work. If there have been no prior invoices,
Recipient shall submit a description of the work completed on the Project through September 30 and a
statement estimating the dollar value of that work as of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date;
provided,however,that when the Completion Date corresponds with the end of the District's fiscal year
(September 30),the final invoice must be submitted no later than 30 days after the Completion Date.
Final invoices that are submitted after the requisite date shall be subject to a penalty of ten
percent of the invoice.This penalty may be waived by the District,in its sole judgment and
discretion,upon a showing of special circumstances that prevent the timely submittal of the final
invoice. Recipient must request approval for delayed submittal of the final invoice not later than
ten days prior to the due date and state the basis for the delay.
(d) All invoices shall include the following information: (1) District contract number; (2)Recipient's name,
address,and authorization to directly deposit payment into Recipient's account(if Recipient has not yet
provided the District with a completed Direct Deposit Authorization form); (3)Recipient's invoice
number and date of invoice; (4)District Project Manager;(5)Recipient's Project Manager;
(6)supporting documentation as to cost and/or Project completion(as per the cost schedule and other
requirements of the Statement of Work); (8) Diversity Report(if otherwise required herein). Invoices
that do not correspond with this paragraph shall be returned without action within 20 business days of
receipt, stating the basis for rejection. Payments shall be made within 45 days of receipt of an approved
invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses,travel
expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses
are not included in the cost schedule,they are a cost of providing the service that is borne by Recipient
and are only compensable when specifically approved by the District as an authorized District traveler.
In such instance,travel expenses must be submitted on District or State of Florida travel forms and shall
be paid pursuant to District Administrative Directive 2000-02.
(f) Payments withheld.The District may withhold or, on account of subsequently discovered evidence,
nullify, in whole or in part,any payment to such an extent as may be necessary to protect the District
from loss as a result of: (1)defective work not remedied; (2)failure to maintain adequate progress in the
Project; (3)any other material breach of this Agreement. Amounts withheld shall not be considered due
and shall not be paid until the ground(s)for withholding payment have been remedied.
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(g) Annual budgetary limitation. For multi-fiscal year agreements,the District must budget the amount of
funds that will be expended during each fiscal year as accurately as possible.The Statement of Work,
Attachment A, includes the parties' current schedule for completion of the Work and projection of
expenditures on a fiscal year basis(October 1 —September 30)("Annual Spending Plan"). If Recipient
anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall
promptly notify the District's Project Manager and provide a proposed revised work schedule and
Annual Spending Plan that provides for completion of the Work without increasing the Total
Compensation.The last date for the District to receive this request is August 1 of the then-current fiscal
year. The District may in its sole discretion prepare a District Supplemental Instruction Form
incorporating the revised work schedule and Annual Spending Plan during the then-current fiscal year
or subsequent fiscal year(s).
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party, its officers,employees and agents. Recipient
accepts all risks arising from construction or operation of the Project.Nothing contained herein shall be
construed or interpreted as denying to any party any remedy or defense available under the laws of the state
of Florida,nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in
§768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this
Agreement such liability,workers' compensation,and automobile insurance as required by their current
rules and regulations. If Florida Department of Environmental Protection("FDEP")funds will be used to
fund all or a portion of the Agreement, additional FDEP insurance requirements applicable to the Recipient
are included in the insurance attachment to the Agreement.
7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability,which
may include a single source or multiple sources, including,but not limited to: (1) ad valorem tax revenues
appropriated by the District's Governing Board;(2) annual appropriations by the Florida Legislature, or
(3)appropriations from other agencies or funding sources. Agreements that extend for a period of more than
one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the
District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or
in part, in the current Fiscal Year or succeeding Fiscal Years,the District shall so notify Recipient and this
Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such
additional time as the District may allow.For the purpose of this Agreement, "Fiscal Year"is defined as the
period beginning on October 1 and ending on September 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and management of the
Project. Either party may change its Project Manager upon three business days' prior written notice to
the other party. Written notice of change of address shall be provided within five business days. All
notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the
following methods: (1)hand delivery; (2) U.S. certified mail; (3)national overnight courier; or
(4)email.Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier
are deemed delivered one business day after having been deposited with the courier.Notices via e-mail
are deemed delivered on the date transmitted and received.
DISTRICT RECIPIENT
Mary Brabham, Project Manager Charles K. Smith, P.E.,Project Manager
St.Johns River Water Management District City of Ocoee
601 South Lake Destiny Road, Suite 200 1800 A D Mims Road
Maitland,Florida 32751-7262 Ocoee, Florida 34761
Phone: 407-659-4829 Phone: 407-905-3159
Email: mbrabham@sjrwmd.com Email: csmith@ocoee.org
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(b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving
information,and communicating District policies and decisions regarding all matters pertinent to
performance of the Project. The District's Project Manager may issue a District Supplemental
Instruction(DSI) form,Attachment C,to authorize minor adjustments to the Project that are consistent
with the purpose of the Project. Both parties must sign the DSI. A DSI may not be used to change the
District cost-share or percentage, quantity, quality or the Completion Date of the Project, or to change or
modify the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING.
(a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project and outline
any potential issues affecting completion or the overall schedule. Recipient shall use the District's
Project Progress Report form,Attachment B. Recipient shall submit the Project Progress Reports to the
District's Project Manager and District's Budget Specialist within 15 days after the closing date of each
calendar quarter(March 31,June 30, September 30 and December 31).
(b) Performance Monitoring. For as long as the Project is operational,the District shall have the right to
inspect the operation of the Project during normal business hours upon reasonable prior notice.
Recipient shall make available to the District any data that is requested pertaining to performance of the
Project.
10. WAIVER.The delay or failure by the District to exercise or enforce any of its rights under this Contract
shall not constitute or be deemed a waiver of the District's right thereafter to enforce those rights,nor shall
any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise
of any other right.
11. FAILURE TO COMPLETE PROJECT
(a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds
provided to Recipient pursuant to this Agreement. However,the District, in its sole judgment and
discretion,may determine that Recipient has failed to complete the Project due to circumstances that are
beyond Recipient's control,or due to a good faith determination that the Project is no longer
environmentally or economically feasible. In such event,the District may excuse Recipient from the
obligation to return funds provided hereunder. If the Project has not been completed within 30 days after
the Completion Date, Recipient shall provide the District with notice regarding its intention as to
completion of the Project. The parties shall discuss the status of the Project and may mutually agree to
revise the time for Project completion or the scope of the Project. Failure to complete the Project within
90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the
purposes of this provision.
(b) In the event the Project constitutes a portion of the total functional project,this paragraph shall apply in
the event the total functional project is not completed. In such event,the 90-day timeframe provided
herein shall commence upon the date scheduled for completion of the total functional project at the time
of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs 11(a)
and 11(b)shall survive the termination or expiration of this Agreement.
12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any
specific milestones established herein,the District may provide Recipient written notice of the deficiency by
forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have 30 days following
receipt of the notice to cure the breach. If Recipient fails to cure the breach within the 30-day period,the
District shall issue a Termination for Default Notice terminating this Agreement without further notice. In
such event,Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement
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within 30 days of such termination. The District may also terminate this Agreement upon ten days' written
notice in the event of any material misrepresentations in the Project Proposal.
Delay or failure by the District to enforce any right,remedy or deadline hereunder shall not impair, or be
deemed a waiver of,any such right, remedy or deadline, or impair the District's rights or remedies for any
subsequent breach or continued breach of this Agreement.
ADDITIONAL PROVISIONS(Alphabetical)
13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder,without the
District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any
contracts awarded by Recipient and payment of all monies due.No provision of this Agreement shall create
a contractual relationship between the District and any of Recipient's contractors or subcontractors.
14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a format
that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all
reports submitted to the District, and copies of all invoices and supporting documentation for at least
five years after expiration of this Agreement. In accordance with generally accepted governmental
auditing standards,the District shall have access to and the right to examine any directly pertinent books
and other records involving transactions related to this Agreement. In the event of an audit, Recipient
shall maintain all required records until the audit is completed and all questions are resolved. Recipient
will provide proper facilities for access to and inspection of all required records.
(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement
if, upon audit examination,the District finds any of the following: (1) Recipient has spent funds for
purposes other than as provided for herein, including but not limited to construction materials not used
in the Project; (2)Recipient has failed to perform a continuing obligation of this Agreement;
(3)Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been
advanced or paid unobligated funds; (5)Recipient has been paid funds in excess of the amount
Recipient is entitled to receive under the Agreement; and/or(6)Recipient has received more than 100%
contributions through cumulative public agency cost-share funding.
15. 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.
16. COOPERATION WITH THE INSPECTOR GENERAL,PURSUANT TO §20.055(5)FLA. STAT.
Recipient and any subcontractors understand and will comply with their duty,pursuant to §20.055(5),Fla.
Stat.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing.
17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue,
discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the
District's Project Manager no later than ten business days after the precipitating event. If not resolved by the
Project Manager,the Project Manager shall forward the request to the District's Office of General Counsel,
which shall issue a written decision within ten business days of receipt. This determination shall constitute
final action of the District and shall then be subject to judicial review upon completion of the Project.
18. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance
of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women
and minority-owned business enterprises(W/MBE) are given the opportunity for maximum participation as
contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide
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with each invoice a report describing: (1)the company names for all W/MBEs; (2)the type of minority, and
(3)the amounts spent with each during the invoicing period. The report will also denote if there were no
W/MBE expenditures.
19. GOVERNING LAW,VENUE,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY TRIAL. This
Agreement shall be construed according to the laws of Florida and shall not be construed more strictly
against one party than against the other because it may have been drafted by one of the parties.As used
herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this
Agreement: (1)venue for any state or federal legal proceedings shall be in Orange County; (2)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.
20. INDEPENDENT CONTRACTORS. The parties to this Agreement,their employees and agents, are
independent contractors and not employees or agents of each other.Nothing in this Agreement shall be
interpreted to establish any relationship other than that of independent contractors during and after the term
of this Agreement. Recipient is not a contractor of the District. The District is providing cost-share funding
as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely
responsible for accomplishing the Project and directs the means and methods by which the Project is
accomplished. Recipient is solely responsible for compliance with all labor, health care,and tax laws
pertaining to Recipient, its officers, agents, and employees.
21. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent,or employee of
the District has any material interest, as defined in §112.312, Fla. Stat., either directly or indirectly, in the
business of Recipient to be conducted hereby, and that no such person shall have any such interest at any
time during the term of this Agreement.
22. NON-LOBBYING. Pursuant to §216.347, Fla. Stat.,as amended, Recipient agrees that funds received from
the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other
state agency.
23. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in
implementing the Project and shall include this requirement in all subcontracts pertaining to the Project.
Recipient shall obtain any and all governmental permits necessary to implement the Project.Any activity
not properly permitted prior to implementation or completed without proper permits does not comply with
this Agreement and shall not be approved for cost-share funding.
24. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to
provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in §287.017, Fla. Stat.,
for CATEGORY TWO($35,000)for a period of 36 months following the date of being placed on the
convicted vendor list.
25. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient
receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party
reserves the right to cancel this Agreement for refusal by the other 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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26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not,to the best of its information
and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees
necessary for performance of the Project and shall defend all suits or claims for infringement of any patent
rights and save and hold the District harmless from loss to the extent allowed by Florida law.
IN WITNESS WHEREOF,the St.Johns River Water Management District has caused this Agreement
to be executed on the day and year written below in its name by its Executive Director,or duly authorized
designee,and Recipient has caused this Agreement to be executed on the day and year written below in its name
by its duly authorized representatives,and, if appropriate,has caused the seal of the corporation to be attached.
This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution,
this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations,
agreements,or promises,oral or otherwise,not printed or inserted herein. This Agreement cannot be changed by
any means other than written amendments referencing this Agreement and signed by all parties.
ST.JOHNS RIVER WATER CITY OF OCOEE,a Florida municipal corporation
MANAGEMENT DISTRICT
By: By:
Ann B.Shortelle,Ph.D.,Executive Director(or designee) Rusty Johnson,Mayor
Date: Date:
Attest:
Melanie Sibbitt,City Clerk
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA; APPROVED AS COMMISSION AT A MEETING HELD ON
TO FORM AND LEGALITY this day of , 2018, UNDER AGENDA
,2018. ITEM NO.
SHUFFIELD LOWMAN&WILSON,P.A.
By:
City Attorney
Attachments:
Attachment A—Statement of Work
Attachment B—Project Progress Report Form
Attachment C—District Supplemental Instructions Form
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ATTACHMENT A- STATEMENT OF WORK
WINDERMERE GROVES RECLAIMED WATER RETROFIT PROJECT
I. INTRODUCTIONBACKGROUND
The St.Johns River Water Management District(District) is continuing its Cooperative Cost Share Initiative
Program in Fiscal Year(FY)2018-2019 to develop and implement resource and water supply development
projects and promote conservation. On April 10,2018,the District's Governing Board approved funding for
Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more
of the District's core missions; including water supply,water quality, natural systems or flood mitigation.
The City of Ocoee(Recipient)requested funding for their Windermere Groves Reclaimed Water Retrofit project
(Project)for the not to exceed amount of$136,488 towards the estimated construction cost of$413,600. This
request was approved by the Governing Board.The Recipient is located in Orange County.
II. OBJECTIVES
The objective of this agreement is to provide cost share dollars that will enable the Recipient to extend
reclaimed water capacity to the Windermere Groves neighborhood by retrofitting the neighborhood with
reclaimed water mains for irrigation and non-domestic uses instead of potable (ground)water.
III. SCOPE OF WORK
The Project will include the extension of the reclaimed water lines to the Windermere Groves, an existing 128-
home neighborhood,to replace the current use of potable water for irrigation and non-domestic with reclaimed
water.
IV. PROJECT ADMINISTRATION AND DELIVERABLES
The Recipient shall be responsible for the following:
• Complete and obtain final project design, construction plans, and specifications;
• Obtain all required permits, including right of access to the project sites,related to project construction
and subsequent operation and maintenance of the completed work;
• Assure compliance with all permits and permit conditions;
• Provide procurement for project construction;
• Perform supervision and inspection of construction;
• Perform construction contract administration;
• Assure compliance with cost accounting practices and procedures required for reimbursement of cost
share funds expended.
• Provide requirements for the State of Florida funding contribution toward the project, if applicable.
The Recipient shall provide the following to the District's Project Manager:
• Timely invoices for actual construction costs in accordance with this cost share agreement(i.e.
quarterly,with appropriate substantiation that demonstrates that the applicant has paid for the total work
cost and is seeking reimbursement up to the match amount)to enable proper review by the District's
Project Manager prior to payment authorization. Deliverables to be submitted with invoices include:
o Interim progress status summaries including inspections,meeting minutes and field notes and
dated color photographs of the construction to include on-going work that represents the time-
period being invoiced.
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Contract#33659
o Final invoice submittals for completed construction including inspections and dated color
photographs of the construction site prior to, during and immediately following completion of
the construction task.
o Construction plans, specifications, and contract documents for the site work must be made
available upon request;
o Written verification that the record drawings and any required final inspection reports for the
project are received;
• Quarterly progress reports identifying project progress to date, key milestones reached, overall project
schedule versus time for project completion, an updated spend-down plan,key issues to be resolved,
project construction photos. Quarterly reports shall also be emailed to the District's Budget Specialist at
hnbarber(asjrwmd.com;
• Certification of construction completion by a Professional Engineer registered in the state of Florida.
The Recipient shall ensure the task in the Task Identification section below is completed.
V. TASK IDENTIFICATION AND TIME FRAMES
The expiration date of this cost share agreement is September 30,2019. The projected schedule is as follows:
Anticipated Anticipated
Task Description Start Date Completion Date
Construction of Windermere Groves Reclaimed Water Retrofit November 2018 May 2019
VI. BUDGET/COST SCHEDULE
For satisfactory completion of the Project,the District shall pay Recipient 33%of the total construction cost of
the Project,but in no event shall the District's cost-share exceed$136,488. It is anticipated that all expenditures
will occur in fiscal year(FY)2018-19.
Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager
shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices
submitted to the Recipient,proof of payment by Recipient, and other required supporting documentation for
reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for
materials and a system report showing documentation of staff time or other proof of staff time expenses for the
Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is
less than originally estimated,the District's cost-share amount shall be reduced accordingly. Recipient may
invoice more frequently submitting all required documentation and include general status information.
Recipient may invoice the District for Project construction work beginning October 1,2018. The District will
not reimburse for any costs prior to October 1,2018.
Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget
Specialist within 15 days of the end of quarter for work accomplished during each quarter. The email address for
the District's Budget Specialist is hnbarber@sjrwmd.com. The Recipient shall submit a final project report
within 15 days of Final Completion and acceptance by City of Ocoee detailing the Project's accomplishments
and any issues resolved during the course of the work.
Estimated Cost Schedule for Reimbursement
FY 18-19 (10/1/2018—9/30/2019)
Estimated Estimated
Description Task Amount Reimbursement Amount
Construction of Windermere Groves Reclaimed Water $413,600 $136,488
Retrofit
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Contract#33659
ATTACHMENT B
PROJECT PROGRESS REPORT
St.Johns River Water Management District Date:
Project Progress Report
Report Number:
Contract/Project Identification
Project Name: Windermere Groves Reclaimed Water Retrofit Project
Recipient: City of Ocoee
SJRWMD Contract Number: 33659 SJRWMD Project Manager: Mary Brabham
Recipient's Project Manager: Charles K.Smith,P.E.
Construction Schedule Reporting Period
Construction Start Date: Beginning Date:
Construction Completion Date: Ending Date:
Contract Expiration Date:
Cost-Share Budget
Total Cost-Share Budget: Cost-Share Amount Expended This Period:
Cost-Share Amount Expended To-date: Percent Cost-Share Budget Expended:
Spend-Down Plan
Fiscal Year 1 Fiscal Year 2
Reimbursement# Anticipated Amount Anticipated Date Reimbursement# Anticipated Amount Anticipated Date
1 1
2 2
•
3 3
4 4
Project Readiness and Schedule Tracking
%Complete Start Date Completion Current
Shown in %Complete Shown in Date Shown in Current Start Completion
Project Phase Application Currently Application Application Date Date Notes:Explain anticipated deviations from schedule
Planning _
Design •
_
Permitting
Bidding&Award
SOW Construction Tasks/Milestones/Deliverables
Total
Construction Start Date Shown Completion Date Current Completion
Task Number Tasks/Milestones/Deliverables %Complete in SOW Shown in SOW Current Start Date Date
1
Project update including problems,issues and solutions. Explain in detail.
Include digital photographs of work accomplished during reporting peroid. Attach an additional page of notes if necessary to explain reasons for lateness or
unusual events or circumstances.
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Contract#33659
ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS(sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS#
DATE:
TO: Charles K. Smith,P.E.,Project Manager
City of Ocoee
1800 A D Mims Road
Ocoee,FL 34761
FROM: Mary Brabham,Project Manager
CONTRACT NUMBER: 33659
CONTRACT TITLE: Windermere Groves Reclaimed Water 'etrofit Project
The Work shall be carried out in accordance with the following supple ' 'tal instruc ••• ued in accordance with
the Contract Documents without change in the Contract Sum or Contrac e.Pri• • • o.eeding in accordance
with these instructions,indicate your acceptance of these instructions for •r adj . - 1. o the work as
consistent with the Contract Documents and return to the District's Project ager.
1. RECIPIENT'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANG
3. DESCRIPTION OF SUPPLEMENT•L s ON ' • ' , EN
Recipient's ap • hoose on• • t;e ite el•
Approved: N ate:
(It is agreed that th- - tions s. 1 not s,It in . l ang: n the Total C• • sation or the Completion Date.)
Approved: Date:
(agrees to implement t Supple - al ctions as requested, but reserves the right to seek a Change Order
in accordance with the re..•remen . of the Agreement.)
Approved: Date:
Mary Brabham,District Project Manager
Acknowledged: Date:
Carol Miller,District Senior Procurement Specialist
c: Contract file
Financial Services
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