HomeMy WebLinkAboutDocumentation_Regular_Tab 20_11/17/2005VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE: November 17, 2005
AMENDED MEETING DATE:
SUBJECT: Council discussion and approval of Resolution No. 28-05/06 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.
COVER MEMO ATTACHED: Yes
CONSENT AGENDA OR REGULAR AGENDA: New Business
RESOLUTION OR ORDINANCE NUMBER: 28-05/06
ORIGINATING DEPARTMENT: WateroUtili_ties //
DEPARTMENT HEAD APPROVAL O~ ~ ~'~~~.
FUNDING SOURCE: 2005/2006 BUDGET
ACCOUNT NUMBER: ~' 1~
CURRENT BUDGETED AMOUNT AVAILABLE: $ ~ ~f}
AMOUNT OF THIS ITEM: $ .2 ;~-~
BUDGETED BALANCE REMAINING: ~~-~
(PIGGYBACK CONTRACT NAME AND #
OR
COMPETITIVE BID FOR ANYTHING OVER $10,000 -ATTACH 3 BIDS)
APPROVALS: ~ .---_
--._
FINANCE DIRECTOR '~ , ._
___.
VILLAGE MANAGER -. =- ~~
,.
VILLAGE ATTORNEY (if Needed) Yes No
PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA
TEQUESTA UTILITIES
MEMORANDUM
TO: MICHAEL R. COUZZO, VILLAGE MANAGER
FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER
SUBJECT: ALTERNATIVE WATER SUPPLY (AWS) GRANT
DATE: NOVEMBER 4, 2005
As you are aware, in September we submitted for AWS funding for RO Well #4 and the
associated pipeline. We requested $950,000.00 and were awarded $484,000.00. We proceeded
with this action as instructed by the Village Council during our budget meetings.
This is a very important step in our plant expansion. It will also assist with gaining our
independence from the Town of Jupiter water system, and relax the withdrawals from the
surficial aquifer. If the Council decides to move forward with this expansion, I would anticipate
requesting additional funding from the Water Management District in FY 2006/2007 for the plant
expansion associated with RO Well #4. The District has said that next year they will have funding
available for AWS.
We have received a proposal from Diversified Drilling Corporation for the drilling of RO Well #4
for the amount of $780,000.00, and a copy is attached, should we choose to go forward, we would
be able to issue a change order to Diversified Drilling for the well. In their proposal they have a
$25,000.00 owner's allowance and $24,000.00 for acidization. Since we did not have to acidize
any of our RO wells to date, I would anticipate deducting that amount from the final cost, along
with the owner allowance. This would mean that the well would cost approximately $731,000.00,
The pipeline that would have to be constructed should cost approximately $250,000.00 -
$300,000.00, depending on material costs which change periodically. To sum up this project, I
would expect the final cost to the Utility Department to be in the $500,000.00 range.
Please feel free to contact me should you have any questions or concerns relative to this matter.
RESOLUTION 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 BEACB
COUNTY, FLORIDA, AS FOLLOWS;
Section 1. Consideration to accept a grant from
the South Florida Water Management district, in
the amount of $484,000.00 for RO Well #4 and
associated pipeline, and incorporated by reference
as a part of this Resolution is hereby approved
and the Village Manager of the Village of Tequesta
is authorized to execute the same on behalf of the
Village.
THE FOREGOIN
Councilmember
adoption.
Councilmember _
put to a vote,
G RESOLUTION WAS OFFERED by
who moved its
The motion was seconded by
and upon being
the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly
passed and adopted this 17th day of November, A. D,
2005.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Gwen Carlisle
Village Clerk
AUG 08,2005 08:20A Diversified Drilling 561-792-7151
D/V~RS/PIED DRIL~IVG
co~o~rra~nr
8254 Barra lane, Unit 13, West Palm Beach, FL 33414
Phone (561) 792-7134 Fax (561) T92-7151
E-Illlail ryohnsonelWrater.c~rn
August 5, 2005
Sent Via Fax arxi USPS
Mr. Russell K, White
Pub{~ Services Manager
Village of Tequesta
136 Bridge Road
Tequesta, FL 33489
Subject: Village of Tequesta R_O. WTI ~4
Dear Mr. White:
Per oar discussion on August 4, 2045, Diversified OrilUrg Corporation is pl®ased to
provide this propo$al for a charx~e order to construct R.O. WeH #4 at the Village of
Tequesta Public Services Faci{ity. Based on the scope of work we discussed,
Div®rsift~ wiH instruct the secor~i weH for $780,480. This price includes a $25,000
owner's aHawannce, but does not indutb the optional acidQati~n. The acid¢etion onion
wiH rema~r the sarr~ as the original bid at $24,0, We ar~tic~te t~ginning
construction of the second well in the fast quarter of 2006.
Please do trot hesitate to call me if you have any questions or squire addit
information.
Sincerely,
Neil A.,d" sacs
East ast Facility Manager
cc: Tan .lenses, Ardis RMA
Clayton Miller, DOC
BiH AAusselwhite, DDC
page 2
10~13l2685 14:25 561-575-6245 PUBLIC WORKS FAC
10-13-' gS 19;11 FR~1-AIiCADI5 REESE [~tCON 5G~.4338®11
VIELAGE OF TEQSTA
aasoat~ ~~~ . zso rotes 300
~bque~m, Flofids 33619-(1273 (561) 575-62bD
' Fax: (56t) 573~621D3
Alternative Watca SoPPIY f'[o~aam
Att>dtti~: Ms. ~a~ Bucca
Watez shy Dot (Mai] st~p•~so)
South Florida Water Ma~mgnt District
33(31 dun Club Road
West Pa~pu• Beach, FL ~~06
RE: Alt~emative Water Supply l?uctdittg Applicatiaaa - AWS F~'06
Village of Tcgeaysta - ll~eversc osmosis (R,O) 3ystetn P.xputsian
Floridsr3 Well Additiots.and Raw WaterMam Is~cbension
17oar Ms. Bucca:
PAGE @1
'f-194y rlolOJ.lems r-1~r
Septemllevr ~, Zoos
We are pleastd to aubmil tltts t+pplica#ion for the District's A.it~rtativ+e Water Shy lording P~t>A~ ~
1=Y06. Tlye ViAage of Tequesta (Village) i$ committed to file expansion of t>zefr reverse ose0osis {R•o•)
8yatem f~ the productaat of drinlring watiot in an effort to rcd+lce the depsndance on the stitrficial aquifer
for raw water and ba meet the growing wares supply within their aen-ice area.
Since the ~ 1970"s iC }laa been the Viaaga's plan to be the sole provide of potable water to tl~r
custoev~a that fall within the 'Village's service area. Tf-e ari~al plan wet to utilize the awrficial aquifer
with conventional t methods apd ultimately su~plenaent tluis scarce with R.O. tnsaied water from
this Flazidan Aquifor. 1tt 1990, tlua Village realized a siptif'scant reduvtian in theirr cartsrur~tive use
allocation from their F.setozri Wollfield doe t~, the district's growing concern of poas~ble saltwater
intrusiOrti. Tbis forced the ViAage to seek other weltf~elds to rise West, and accelerate analy~ of other
altcrzaative sources, apeci$rally the Flatridan Aquifer. In Marcl120U0, the Village placed into service their
R.D. treatment faoiliry. 'I~is caatamiGanettt by the Village elimutated the need b seek other sttrficial well
sites within their Western service arm. .
Ike prgject ~ itarein, is for the Village's next planned 1w'ioridan Well, RD well No. 4 and
meted mw watertn~ia extrusion. 'This Covell addito®wr7l supplement ~e 8xisting R.O. s~-atem
demands pte8entlY being etOpericnced.
Rea»asn fort Rs9aaat~tg Futg -The estiatated oast far the RO. Well N'a.4 and the R~a-'W'atrrr Mani
is Sy,400,000.00. Tina Village a-~71 be including adcgtatte moutcs to sts metal lmprove~t
Plan fOr projects, Arty shortfalls will be considered as a budget amt. Monies far lhid project
are budgeted from the [3tilitios Water Capital >u~+orve~ni Y~urd and emaeetc Emir the rate pays. The
requesti~. fimdlpg lur this project is 3950,000.00. Provision of this gxaont will reduce itnpa~ct an the r:tc
payez andlar allow a pcs; tiott of ~e mares w be as~d to sit stages m pltesos tl~a,
sccelcrating then impletnenta4w-.
koro~.a ~
OCT-13-2~~5 ~2:14PM FAX:561 575 6245 ID: PAGE:@t~1 R=96%
10/13f2005 14:25 561-575-6245 PUBLIC WORKS FAC PAGE 02
10-13-' 05 14:11 FROC9-ARCADIS F3EE5E MACON ~614~SM101:1 ~ -~~ re~att sns r-~la r
9aut1, PlasidR W~ Ma~sgaaant District
Re: Altemaeiv+e ~1- Supply Furtdiag /lppliaaNam - AWS FY~6
ViIIa~gee a~TCq~sla~-D-
I'age ~:
X't~oject Qvorv[sw -The project i~ludas flat conatnrction of R.O. Well No. 4 and cvnstructlan of the
RO. Raw.W'ata Main. R.O. ~VeU Na. 4 carisiats of a 16" I14A uu~ casing with a fatal depth of
appro~ti~-tcly 1,7Q0 fit (refet to wall drawing s~ttaohed). The rdW watcx main will be caa~cted from
Tequeats~Yhiv+a acrd CAd Dixie Highway to this Village's 1'ublic'Warlts l*eciiity offof l3ridge Road, which
is the lo~ttion of R.O. Wdi Na 4. The rs~w wetrr ttlaiae will be a 12" diamet,ar PYC pipe. .
Need f0! projtet - Reverer~ osmor;i919 the t~nmeraetp!!E ~ Florida's alt+eat~ative watGT BuPPiY apnoea and t8
atCL>r~1j- eugp4ated by 1118taJy ~gq{Qles. 7'bt ~'iila~'a R.Q. Sy=t0{i311GduCes t~C i15C bf Wa1Ct f[+0~ tl4e
avrfiCiel SQlit~t and ~~ A flnitC iCSa1rCCE. AS . t1]b pCdl~itted ~VithdravVal iQOCatWS1 eclt by the
SFWl1~ Watea` Use Permit (w[~P) te~uirea the Village to look to alurnsdve water simply aot~ccs in lira
of the sta&cial agtni.£ec. Additiwrtall~-, the upcoming expiration of the bulk water saleF from tLa Tvam of
Jupiter will r+Feult is a 1.3~ l~iD source water deficit. This deficit will be supplemented ls}r t~ sdditi~
at"1t.Q. WeU Na., 4 su+d the essocit~ted Raw~Vv~apcr 14r erect. Tht pact compart~ ~ this prvjeat will
he the additinon of another 1.2 MGI7 B.U. Train.
The instructions for caneidexatia~ ~fa~ flatdiag stipufete the inclusiotl of msporsses to apocific cations
that are applicable to thisprojecfi. Yfris "Prgject Backgnontrd end Ssrpp~rg tiara" is sttached
herein.
Autt~,ariud l~praeatatiRes of Appflcant:
Village of Tequeeta
Russell VVlsite
Public Services Mapager
135.1~dge R~aad
Taquestx, FI, 33459
Telephone; (561) 575-6233
ARCADI3 RMl°-,1rrc.
William D: Reese, P.1/.
Vice President
641 S f.aice Wacth Road, Suite 3~7 _ . .
lralre Wprlh, FL. 33463 .
Telephone; (s61) 433-3226
Aintf-G11~rs~ Stattm~t Deelamttion - This a~pficati~ wgs d withOttt callusioe witlf any other
person m entity submitting or reuiewirsg an applWOaUion pursuant t4 the k'urc-diag Pro .
OCT-13-2005 02:14PM FAX:561 575 6245 ID: PAGE:002 R=96%
10~/13l2005 14:25 561-575-6245 PUBLIC WORKS FAC PAGE 63
10-13-'@5 14:11 FROM~AAC~DI5 l3EESE MACON 561433811 '1'-fd4J rblAS/e~e;s r-l~r
5outhPlvpda Waasr ~Uistiriat
Ro: A[tcmative ~Wstac Supply ling Ap$On - AW& FY06
'V9ltage of Tegoe~ Yt.o.
Page3.
>~raaf of Regniared Coneee~tion -'l7te Village's Co~+prehen8ive Plan regt>i~s all new fac~ities ar
residential co~n~ucdan vrithiA the Village's aorparate bat~daries to Comet to tl~ water dis~ribtthon
gystem and, as a result, will use this aitecnati've ~pvster supply..
Additional infianoatioat, ea mqueatt+d by the applit~an inatruCtioslS, is iucludod lit flue fol& aecttons
of Putrding Applicati~, or as attachnu~ts. Yore critical re~riaw as'u-vited,
Orr behalf of thaY~ltage Coutioil, Tie Yi11aRc Manager ~ the residerts ofTe~tiusta, we thank Ydu for
yova consitls~lion of this application. 'Tha Village is Committed m the expansion of ouc R„e~. facility anei~
looks forra-ard to ~ tho District as a partner:
~h4uld you have any queatid~s or wish t0 discuss this further, pleaea ca1;L
.~,~.
--~l~~
Russell White, Pubfic Services Manager
'~Tilla,ge of'~equesta
Incl.
OCT-13-2005 02:14PM FA7C:561 575 6245 ID: PACaE:003 R=%%
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 www.sfwnui.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, 200b to August 1, 2006. Please return both copies to my attention
as soon as possiblF~, but no later than November 30, 2005. Since the contract
terminates ors 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 rrie 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 docurent 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~ncerely,
Bernadette Harrison
Contract Specialist
Procurement Department
bharriso@sfwmd.gov
(561) 682-6378
(561) 682-5587 (fax)
BH/sm
Enclosures
c: John Lukasiewicz, MSC 4350
GOVERNING BOARD
EXECUTIVE OFFIGE
Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director
Irela M. Bague, Vice-Chair Michael Collins Harklev R. Thornton
Pamela Brooks-Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr.
OgIGINAI
~~
/~_,t
r~
~ ~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2005 - 2006 ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM
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
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 A licable
Federal Employer Identification Number:
59-6044081
Project Title: Village ofTequesta - 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, financial and reporting requirements, such as matching funds and final reports for ali
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.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; 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 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.
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 obtairied, 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
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
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,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
(Project shall start upon execution date of this Agreement.)
SFWMD Procurement Approved.
ByF. ~ ~~' ~~+1 Date: % ~'~,
SFWMD Office of Counsel Approved:
By: Date:
Recipient's Legal Name:
By Authorized Official:
Title:
Date:
Agreement No. DG061159, Page 9 of 9
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
Na Deliverable(s) Invoice
Date Report Due 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 Name
Project Summary Final Report - FY 2006
Project Manager
SFWMD Contract Number Project Owner
Describe Project constructed:
Type of
Alternative Water Quantity of Water Made Available
GD U on Com letion of This Phase _____
Construction Duration
Supply Pro osed Actual Start Finish
_ Cost for this Phase
Pro osed Actual
Total Construction Cost -This Phase $ $
Fundin for this Phase
District funding this phase $ $
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
C' "~; G
Alternative Water Projects Receive Unprecedented Support
State and District funding for'06 projects increases siz-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
minimising 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:
http://www. sfwmd. gov/org/wsd/aws/index.html
http://www.sfwmd.gov/newsr/3 newsrel.html 11/3/2005
Recommended Projects -Alternative Water Supply FY 2006
Kissimmee Basin
South Florida Water Management District
Quantity of Water Project
Alternative
Planning Made Available Schedule This Construction
Recommended
Project Name Water Region County (MGD) Phase Cost This Funding
Source This Phase
Total Start Finish
Phase
Orange County South
Service Area-Reclaimed
Water Tranmission Reclaimed KB Orange 0.00 3.00 9/05 7/06 $2,907,000 $500,00
Canadian Court to John Water
Young Parkway Connector
Road Ph I
Ocoee Reuse Main to Reclaimed
Windsor Landings KB Orange 0.10 0.50 10/05 7/06 $280,00 $50,000
Subdivision Water
Total for projects in
$3,187,00
$550,000
Oran a Count
Toho Water Osceola Reclaimed
Parkway Reclaimed Water KB Osceola 3.00 16.00 12/05 5/06 $3,715,00 $500,000
Main Water
Toho Water Shingle Creek Reclaimed KB Osceola 6.00 6.00 8/05 5/06 $5,830
000 $500,000
Stormwater Reuse Water ,
Total for projects in
$9,545,000
$1,000,000
Osceola Count
101 Ranch 17.2 Acre Storage KB Okeech 0.12 0.12 10/05 6/06 $105,000 $42,000
Reservior obee
101 Ranch 44 Acre Storage KB Okeech 0.32 0.32 10/05 6/06 $89,000 $35,000
Reservior obee
Cornerstone Farms Storage KB Okeech 0.43 0.43 8/05 6/06 $112,840 $45,136
Stormwater Irri ation obee
DHW Sod & Cattle Storage KB Okeech 0.12 0.12 11/05 5/06 $129,80 $51,920
Stormwater Irri ation obee
Total for projects in
$436,640
$174,056
Okeechobee Count
total for projects in Kissimmee Basin Total 10.09 26.49 $13,168,640 $1,724,056
10/10/05 3:30 pm 1 of 1
Alternative
Plannin Quantity of Water Project Construction
Recommended
g
Project Name Water Region County This Total Start Finish Cost This Funding
Source Phase Phase
Lake Worth Floridan Aquifer Brackish LEC Palm 0.00 9/05 6/06 $610,000
Well #F-3 Beach
Lake Worth Floridan Aquifer Brackish LEC Palm 0.00 8/05 7/06 $500
000
Wells F-1 & F-2 Wellheads Beach ,
Lake Worth Raw Water Palm
Transmission for Floridan Brackish LEC 0.00 6/05 6/06 $1,100,00
Aquifer Wells Beach
Lake Worth RO Concentrate Brackish LEC Palm 0.00 8/05 6/06 $1,275,000
Discharge Pipeline Beach
Lake Worth RO Concentrate Brackish LEC Palm 0.00 8105 7/06 $340,000
Disposal Pump Station Beach
Lake Worth RO Pilot Plant Brackish LEC g
al
h 0.03 4.50 8/05 12/05 $210,000
e
c
Total Lake Worth RO 4.50 $4,645,00 $1,000,000
Project (previous 7 items)
Loxahatchee River District 3 Reclaimed Palm
MGD Reclaimed Water Water LEC Beach 3.00 11.00 1/05 7/06 $2,300,000 $500,000
Plant Ex ansion
Northern Palm Beach
County Improvement District Other LEC Palm 0.53 0.53 11/05 3/06 $100,000 $40,000
Operable Gate Site 20 Beach
Structure
Northern Palm Beach
County Improvement District Other LEC Palm 0.54 0.54 9/05 5/06 $220,000 $88,000
Repump Station for Beach
Re Tonal Center
Palm Beach County Century Reclaimed Palm
Village North Reclaimed LEC 0.00 3.00 10/05 7/06 $466,402 $186,000
Water Pi eline Water Beach
REDI=Rural Economic Development Init iative (See S.403.88 5 (4) F.S.)
10/10/05 3:30 pm 2 of 3
Alternative
Plannin Quantity of Water Project Construction
Recommended
Project Name Water g
Region County This Total Start Finish Cost This Funding
Source Phase Phase
Seminole Improvement
District Reclaimed Water Reclaimed LEC Palm 0.02 0.02 8/05 8/06 $470
000 $188,000
Main to Seminole Ridge Water Beach ,
Hi4h School
`Isi~edtral R~e Treatirret t
i I Reclaimed .
motet . LE _.i.. pylon..
~
~ I i o.: ~ ~ ~~~ :~~
~
l ~ 7/ ~, ~ ~0 .... 00 hi~~~'I,I ~, ~.I14 il~~~l I!'~l.
i ~ ~
~
i!
, i 1, ~ i ~ ~i
~ ~ ~ ,i~
~ ~
,
Tequesta Floridan Well #4 & Brackish LEC Palm 1.58 1.58 1/06 8/06 $1
210
000 $484,000
Raw Water Main Beach ,
,
The Hamlet Country Club Reclaimed LEC Palm 0.70 0.70 4/06 8/06 000
$1
290 $500
000
Reclaimed Storage (Delray) Water Beach ,
, ,
West Palm Beach
Alternative Sites 1 & 2 Reclaimed LEC Palm 1.50 1.50 8/05 7/06 $255,000 $102,000
Reclaimed Wetland Water Beach
Reh dration
West Palm Beach wetlands
based water reclaimation Reclaimed
LEC Palm
1.00
1.00
8/06
7/07
$950,000
$380,000
project -Phase III Water Beach
Boca Raton IRIS Reclaimed Palm
Transmission Extension to LEC 1.40 2.00 5/05 8/06 $1
517,535 $500,000
West of I-95 Water Beach ,
Seacoast 4 MGD Reclaimed Reclaimed LEC Palm 4.00 4.00 1/05 7/06 $10
250
600
Water Treatment Expansion Water Beach ,
,
Seacoast Reclaimed Water
System Booster Pump Reclaimed
LEC Palm
12/05
6/06
$565,000
Station Water Beach
Seacoast Reclaimed 4.00 $10,815,600 $500,000
Project (previous 2 items)
Total for projects in Palm Beach County $45,251,772 $12,924,390
Total for Projects in LEC Total $74,071,615 $18,109,570
REDI=Rural Economic Development Initiative lSee S_403.885 !41 F_S_1
10/10/05 3:30 pm 3 of 3
