HomeMy WebLinkAboutResolution_28-05/06_11/17/2005RESOLUTION NO. 28-05/06
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, ACCEPTING AN ALTERNATIVE WATER SUPPLY
(AWS) GRANT FROM THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR THE AMOUNT OF
$484,000.00 FOR RO WELL #4 AND ASSOCIATED
PIPELINE, AND AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF
OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Consideration to accept a grant from
the South Florida Water Management district, in
the amount of $484,000.00 for RO Well #4 and
associated pipeline, and incorporated by reference
as a part of this Resolution is hereby approved
and the Village Manager of the Village of Tequesta
is authorized to execute the same on behalf of the
Village.
THE FOREGOING RESOLUTION WAS OFFERED by Vice Mayor
Watkins, who moved its adoption. The motion was
seconded by Council Member Paterno, and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Jim Humpage
Pat Watkins
Geraldine A. Genco
Tom Paterno
~"
The Mayor thereupon declared the Resolution duly
passed and adopted this 17th day of November, A. D,
2005.
MAYOR OF TEQUESTA
~~ ~~
m Humpag
ATTEST:
,c,~-~M
Gwen Carlisle
Village Clerk
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1rJ; 13/LPJn7 14:15 5b1-5I7-bL45 PUkiLIC WORKS FAC
10-13-'85 14:11 FROP1-ABCADIS GEESE !'iACON 5614338811
VYi..LAGE OF TEQ~STA
post t>moe t3m~ 3273 • 250'lbgnr~ Ditr-4. moire 3Cb
mod. Aoridr 33469-0273 t361) 5?5-6?AO
Fax: (561) 373~6~203
Aitanativ~e Water Supply 1'rog<am
AtOattion: Ma. bane Bucca
water Supply Depsrato~ent {Mai} 3top.4360)
South llorids. Water Mkt District
33(31 ~ Cluh Road
West Psi Beacb, F~. 3406
RE: Alternative 1Vater SuPF1Y ~~S llpplicstioat - AWS ~t'Ob
Village of Tcquesta • Reverse Osrteosia tR.O) System Expaasiort
Flatidstr Wall Addition and Raw 'Water Mrm l~cteasioa
Dear Ms. Btrcca:
PAGE 01
'[-~4y r~ow:tJmds r-1~~
septemberr ~, Zoos
We are pleased to submit this 1-pplicatiott far the Diadrict's Alternative Water SuPP1Y ~8 Pmt ~
P'Y06. Tlys village of'fequeata (Village) is commiaad to the cxpattsioa oY ihe~r reverse oeeaosis {R.U.)
9yetom f~ the proeiuctio~t of dtinltittg water in an effort to rcdeuxi the dapeatdtzuce on the sur8cial aquifeC
for raw water seed m meest the grara-iag watca supply dammd within their service area.
Since the late 1970's it hesa been the Village's plan m bi flu sale providtx of potable water to tbesr
custaearttera that fa11 within #be'Village's service area. The aiigaral plan was to utili2e the eurFicial agt»fer
with convantioruel t aroethods aad ultimately supplement tlsia source with It,.O. treated watesr From
rhs 1?~idan Aquifer. >n 1990, the Village realizes a aigrtifraarst rcduvtian m their crnroruaptiv+e use
allocation they Esstorrl 111tollfreid dire to the District's gtowiag concern of paserble sattwatar
intsusiotr. This fot~ccd the ViAage: m soeic other welifields w the West, and accelaate:nstysis of ate
alternative sourrca, apeci9callyr the Flacidaa Aquifer. In March 2000, thc'Villsge placed iato service flair
R.O. tceatmcnt faoiUty. Tlsis corarMtment by the Village elimit-atcd the need b seek other ettrfiaial well
sites witieia th+enr Western setviae area. .
11ee prgject pctisented herein, is fee the ViDage's next Alarmed Flotisart Well,. RO woll No. 4 sad
assaaiated raw watermaun c~cbaosioza. Thin well additi~ will euspplement fife BXistigg R.O. s3rstem
demands presently being ~~.
Reaatn for Regoastiseg ~~ -The csrinaatrA coat for the RO. Well No.4 and the Raw'WatQMain
Tsxtensiest is 51,400,000.00. The Vi[]age an7l ba itulttding adegwta mortice in its Capital LnprovCtta~afi
Plana for tMae projects. Ar-y shortfalls will be coeasideted as a budget ames~u,art. Monies for this proja#
are budgeted from the Uhlilie>s Water Capital laepro~v~emettt 1Flued and ernwaate from flu rtttte payer. The
regtteat~od il~tdissg for this project is 5950,000.00. l~ravisiats of this grant will reduce impaRx oti flee rtes
payer aad/ar allow a portioA of the morriea Co be tessigned bo aubsegttent stages oc pltaaas thus,
aeeeleiratirtg their implementation.
wosaeb P.~
OCT-13-2005 02:14PM FAX:561 575 6245 ID: PAGE:001 R=%
10!13/2005 14:25 561-575-6245 PUBLIC WORKS FAC PAS 02
10-13-' 05 14:11 FAOM-14RCADIS IIEESE MACON '~6143;i2S101:1 ~ -~~ rm~o61 nns r-la r
9outti Plasida War M~ District
Re: Alt~we Water &aR+ply Furrdiug Appiiaation - AvVS FY06
vn„get Of3'agor~R-~
Page Z:
P'rujeet Ovorvtew - The prajed i~hadar tlks canatructioa of R.O. Well No. 4 sad cone4iictioa of the
R.Q. Raw.l~'atet Main. R.O. ~VeU Na. 4 consists of a 16" !14" iauer casing wig a total depth o£
eppraxitt>Rtdy 1,700 feat (refer to weU drawing t-ttt-ohsad). The Yaw water n>aia will be cotnatructe~d From
Tequeata~i~iva snd did Dixie Highway io tl-a Village's PutYlic'Warks Facdity offof Bridge Road, which
is the loostttotr of RO. Wdl No. 4. The raw water tt'uuaa will be a 1Z" diameter P'VC pipe. .
Need ~r Project - A~ae osmosi9 is the onrnerstpttE to Flartida's altt~fivc wB~CT tupply optiaNt and i~s
etre~ly SuPpoYtod by ttigulatory xganoics• The Village's x.O. systeau rcduccs the use of water f[asa the
etcfiCisl agailf~ ~. c~sGrvds s flnitC Y+eSO1rrCE. AS . the ptanritted wid~rarVal allocation aCt by tha
SFW1~Q? Water Uue Permit (WUP) requires the Village to look to altaosiiva water supply sotfrces it- liw
o£ the s~aficial aquii'er. Additioasllp, the upg expiration of the bulk water stlei from tLc Torva of
Jupiter wifl result m a 1.3511dC3D aipW~ce water deiyeit. Tl~t deiieit wsU be 9Npplaneatoci by t1~u aek>itioa
of A.O. Well No., 4 ae+d the sssociatat Raw•Watct 1-fa~ prajec~t. Tha traict compaan~a-t is this projoat wiA
be the additirm of anWher 1.2 MGD B.U. Train.
'17~e 9ns~ctions for cortsiderstion ~fatr S gtipuiste the inchrsion of ~sponses m apocai~ic questsoae
that.are applicable m this PmJ°~- 71ue "Prgjeet Bacl~+am~d sad Sig l~tbrtpaiion" is strAChod
harenn.
Autl*,vriaad Reprtaests~tives of Applleant:
Village of Tequesta
Russell VVhitc
Public Services Ms~nagar
136. Badge Road
?'squash, FL 33469
T'elephana {581) S?5-6233
AI~CADI3 RiVIA, lnc.
1Niltiam D: Tteeee, P.E.
VICt pfCSldGttt
sass Lake worth Road, Sure 30~ _ .
Labe WArds~ FL 33483 •
Telophone: (561) 433-3226
And-Glira3an Stattmad De~at~rr - This ~plioatic~n vas ~Cpared vvitl~out colhrsivn with. amy atber
parson m entity submitting or rev~iewieig an applipptlon puxsusnt t+D the Puadiag Pr0$Ctat• .
OCT-13-2005 02:14PM FAX:561 575 6245 ID: PAGE:002 R=96%
10f13/2005 14:25 561-575-6245 PUBLIC WORKS FAC PAGE 03
7.e-73-~e~ 14:11 FAOM~AACADIS AEESE Mp,CON 5614338®11 'r-+~y reas~e~es r-l~r
5oathPlopda ~VaOer 1-[ans~eanOat District
Re: Alt~mtivp 11Vsbcr SuPPIY 8 Appiiation - AW& FYO6
'Village of Tegaasta It.Q.
Page3.
~raof of l~q~red Caatsetetion , 'Ibe Vsllage's l~,eive P1Aa raQuirea aii ne~- a
residauWil cona~ucdotr withiA tlse'Villsge's ootporste boM1lssdarees to c~ect ~ the roster distr~'bs>lion
gys~ sad, as a result. will use thus alternative roster supply..
Additional ififnrmatioss, sa requestad by the applic«~on inatructiosss, is inCludtd in tlta t'o1lo~sg seotloos
of t#ris Ftaidatg Applicatioq or as a#achtttants. Yew critical tevitsw is invited,
f]!ot bottalf of tbs Vsllage Ca~rioil, The Villtt~e Mattag,A'tttzd the residents afTe~usta, vYe tlsanlc Yots for
yrouir eoaPadoCition of this applicatiuan. The ViIIage is committal to the expansion of our R4- tacilily
loofa forvtntrd to inCOtparsting the District as a parknrr_
Should you }lave any question or Dovish td discuss this ftutl,er, pletuse call
~~~
Russeii VYhite, Pubfic Suvic~s Manager
'Villa, aY'1`equests
cncl.
OCT-13-2005 O2:14PM FRX:561 575 6245 ID: PAGE:OO3 R=96%
i~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 (561) 686-8800 FL WATS 1-800-432-2045 TDD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 wwwsfwmd.gov
October 13, 2005
Mr. Russell White
Village of Tequesta
136 Bridge Road
Tequesta, FL 33469
Dear Mr. White:
Subject: Contract # DG061159
R.O. WELL NO. 4 & RAW WATER MAIN EXTENSION
Enclosed are two (2) copies of the subject document. Please have them signed by an
individual with signature authority on behalf of your organization, and include
documentation to demonstrate official delegation of signature authority up to the
contract monetary limits.
Paragraphs 4.3, 4.4, 4.5, 8.9 and 8.10 have been added to the contract since the
request for projects was sent out. The date in paragraphs 4.1, 8.8 and 8.11 has been
changed from July 1, 2006 to August 1, 2006. Please return both copies to my attention
as soon as possible, but no later than November 30, 2005. Since the contract
terminates on September 30, 2006, the executed documents need to be returned to my
attention as soon as possible. if the contracts cannot be executed and returned by
November 30, 2005, please notify me promptly via email or fax. A fully signed
document will be returned to you upon execution by the South Florida Water
Management District (District). Note that this document is not binding on the parties
until it is approved by the appropriate level of authority within the District and executed
by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions, or if you require any additional information, please contact me.
~ S~n~cerely,
-- ~,
,. ~. -
Bernadette Harrison
Contract Specialist
Procurement Department
bharriso@sfwmd.gov
(561) 682-6378
(561) 682-5587 (fax)
BH/sm
Enclosures
c: John Lukasiewicz, MSC 4350
GL7L'FRNINt: BDARD
L;}~it'Ci.l"FIVE l)'f~~h_ r
Kevin 31eC~rty, Guar Alice J. Carlson Lennart E. Lindahl, P.E.. ~ Carol Ann Wehle Fxecuth~e Director
Irela M. Babuc, Vice-Gu;ir Michael Collins Harklev R. Thornton
Pamela gooks-T?2oma~ Nicolas J. Gutier ez., (r., Lscl• Ma,cc~lm . vlrade, (-,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2005 - 2006 ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM
ORIGINAL
Recipient: Agreement Number: DG061159
Village of Tequesta
Governing Board Approval Date: October 12, 2005
Recipient's Project Manager:
Russell White ~ District Funding Amount: $484,000.00
Address: Termination Date: September 30, 2006
136 Bridge Road
Tequesta, FL 33469
Telephone No: (561) 575-6233
Fax No: (561) 575-6245
SFWMD Project Manager:
John Lukasiewicz
'Telephone No.: (561) 682-6809
~~ ax 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 A licable
Federal Employer Identification Number:
59-6044081
Project Title: Village of Tequesta - AWS FY2006
Description: R.O. Well No. 4 & Raw Water Main Extension
Agreement No. DG061159, 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, fmancial 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 of this 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 Statement of Work
Exhibit B Schedule of Deliverables
Exhibit C 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 /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,
Agreement No. DG061159, Page 2 of 9
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 deliverable(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, geophysical logs, 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, alarenas(a~sfwmd.aov 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; 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
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 of the project.
Agreement No. DG061159, Page 3 of 9
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
Agreement No. DG061159, Page 4 of 9
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 govenunental 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.
Agreement No. DG061159, Page 5 of 9
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 tenors 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
Agreement No. DG061159, Page 6 of 9
(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 of this 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.
Agreement No. DG061159, Page 7 of 9
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 maybe 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.
Agreement No. DG061159, Page 8 of 9
JUN-08-2006 16:09 SFWMD PROCUREMENT
`..
11.7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written Qr 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 Agree;ent 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 373A831 and 373.1961, Florida Statutes (2004), as amended by Chapter No.
2005-291 (SB 444, Laws of Florida).
TN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement an the date written below"
SOUTH FLOI1wIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
s
Frank Hayden, Proc re t Director
Date: ~::~ /~ /G' ~'.
(Praiect shall s rt u n execii'tion date of this Agreement.}
S1F Procurement Approved:
By- .~1 ~ 1 ~~:~Ct~, .~ ~ ~. ~. Date: ; ~~' ~{~ ~-S• .
SFWMND ~4fficc of lmscl roved: ~ ~ ~
~~~-u~ rrrr~,~
,~~'~~ ~ F r~Q'%r
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u •.N
~1: •~
SEAL .~
r
'• t+!CJRPORAT~D:
~~~~,~IQPtP` 0``,`~~
~,,.
~,1~. ct (~'~.~..~c.
JUN-08-2006 03:05PM FAX:
Recipient's Legal Name:
By Authorized Official:
P.02
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ti a ~ `~~
Title. t~ '; ~k'' /~ ~ #[~s._ L. u ~ - ~.~ x1]
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Date: ~ ~ ! 1 `~~ ~-~ ~~
Agreement No" DG06t 159, Page ~ of 9
ID:
TOTAL P. 02
PAGE:002 R=97%
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EXHIBIT "A"
STATEMENT OF WORK
Village of Tequesta
R.O. Well No. 4 & Raw Water Main Extension
Brief Project Description: The project includes the construction of Floridan
aquifer R.O. Well No. 4 and associated raw water-main extensions. R.O. Well
No. 4 consists of a 16"/14" inner casing with a total depth of approximately 1,700
feet. The raw water main will be constructed from the closest tie-in point at the
intersection of Old Dixie Highway and Tequesta Drive, then along Bridge Road to
the Village's public works facility, which is the location of R.O. Well No. 4. The
raw water main will be 12-inch diameter PVC pipe that will include a jack and
bore under Old Dixie Highway.
Exhibit "A" to Agreement No. DG061159, Page 1 of 1
EXHIBIT "B"
SCHEDULE OF DELIVERABLES
Total payment by the District to Village of Tequesta shall not exceed the amount of
$484,000.00. Payment shall be made following receipt and acceptance by the District of project
deliverables 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 deliverables 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 maybe submitted in any form agreed to by
the District project manager and the Recipient, and could include emails, memos, and letters.
Task.
No. Deliverable(s) Invoice
Date Repast bue Date District Not-
To-Exceed
Pa merit
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
5 Construct Floridan Well #4 and
associated raw water main
extension August 1, 2006 N/A $484,000.00
6 Annual Status Report N/A September 30, 2006 N/A
TOTAL SFWMD PAYMENT $484,000.00
Exhibit "B" to Agreement No. DG061159, 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
Alternative Water Quantity of Water Made Available
(MGD U on Com letion of This Phase
Construction Duration
Supply Pro osed Actual Start Finish
Cost far this Phase
Pro osed Actual
Total Construction Cost -This Phase $ $
Fundin for this Phase
District fundin this base $ $
Local funds $ $
Other funding source
From:
$
$
TOTAL
Attach map and photo(s) of project on CD, if available
To the best of my knowledge, the above information is correct
Project Manager
Exhibit "C" to Agreement No. DG061159, Page 1 of 1
Recent SFWMD News Releases -English
Wedneday, October 12, 2005
CONTACTS:
Randy Smith
South Florida Water Management District
Office: (561) 682-6197 Cell: (561) 389-3386
~~1
Alternative Water. Projects Receive Unprecedented Support
State and District funding for'06 projects increases six-fold
Page 21 of 26
A recommendation for funding 80 new alternative water supply projects was sent to
the South Florida Water Management District's Governing Board and approved today.
This approval underscores the Florida Legislature's commitment to diversifying water
resources for the state's growing population. by funding development of alternative
water supplies. District and state funding will be combined to help build specific
projects sponsored by local governments and private entities.
For fiscal year 2006, almost $58.7 million will be directed for alternative water supply
projects in South Florida, with the state providing $30 million of that sum. When
completed, the 80 projects together will provide 304 million gallons per day (MGD) of
additional water supply. Almost two-thirds of that, 172 MGD, is expected to be
available as early as next year.
Alternative water supplies are nontraditional sources of water supply. In South
Florida, this includes the use of saltwater and brackish water, capturing surface water
during wet weather, using reclaimed water and stormwater captured from reservoirs or
aquifer storage and recovery systems. Projects that produce usable water from these
sources can be costly to build but, once constructed, will provide a community with
millions of gallons of additional water supply.
In response to this initiative, 119 proposals from throughout the 16-county District
were submitted for funding consideration. Staff at the South Florida Water
Management District evaluated each proposal for desirable features such as
minimizing impact on existing water resources, reducing local competition for water,
achieving water conservation targets and producing a high quantity of alternative
water supply relative to project cost. In addition, the projects had to be ready for
construction in 2006 and be consistent with existing regional water supply plans.
On average, most funded projects will receive between $500,000 and $1.5 million
toward construction costs, representing up to 40 percent of the project total. Recipients
that sponsor the project fund the balance. Economically disadvantaged communities
are eligible for full funding.
For more information about alternative water supply and related funding programs
from the South Florida Water Management District, visit this District web site:
htt~//www.sfwmd gov/off/wsd/aws/i_ndex.html
http://www.sfwmd.gov/newsy/3_newsrel.html 11/3/2005
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