R08-002
II
1 RESOLUTION NO. R08 - OOB...
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY
5 MANAGER TO EXECUTE A FUNDING AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND
7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
8 PROVIDING FOR A $1,505,900.00 GRANT FOR PHASE
9 lA, RECLAIMED WATER DISTRIBUTION AND
10 RECHARGE SYSTEM PROJECT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach has been awarded a $1,505,900 grant from
14 the South Florida Water Management District; and
15 WHEREAS, increased ground water withdrawal allocations to meet future demands
16 are becoming more difficult for municipalities to obtain from the South Florida Water
1 7 Management District; and
18 WHERAS, grant funding is available to eligible municipalities with approved
19 projects to promote the use of alternative water programs; and
20 WHEREAS, Implementation of reclaimed water systems is one of the most
21 effective methods recognized by the South Florida Water Management District to offset
22 consumption use demands.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
29 and directs the City Manager to execute a Funding Agreement between the City of Boynton
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2007 - 2008 AL TERNA TIVE WATER SUPPLY
FUNDING PROGRAM ;"'\...- 'r _. f. ,~:t. ~
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Recipient: City of Boynton Beach
Recipient's Project Manager:
Kofi Boateng, Director of Utilities
Address: 124 E. Woolbright Road
Boynton Beach, FL 33435
Telephone No: (561) 742-6400
Fax No: (561) 742-6298
SFWMD Project Manager: Moysey Ostrovsky
Telephone No.: (561) 682-6525
E-mail Address: mostrovs@sfwmd.gov
Fax No. (561) 682-5242
Contract Specialist: Betty Thayer
Telephone No.: (561) 682-6011
Fax No.: (561)682-5117
Address:
3301 Gun Club Road
West Palm Beach, FL 33406
Insurance: Not Applicable
Federal Employer Identification Number: 59-6000282
Project Title: FY2008 A WS - Project # LEC-42
Descri tion: City of Bo nton Beach Phase IA Reclaimed Water Distribution and Recharge System
Agreement No. 4600001189, Page 1 of 11
This Agreement is entered into between "the Parties," the South Florida Water Management
District, the "District", and the undersigned party, hereinafter referred to as the "Recipient."
The Recipient warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all
legal, financial and reporting requirements, such as matching funds and final reports for all
funding received by the Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and
perform all work items described in the "Statement of Work," attached hereto as Exhibit
"A", hereinafter referred to as the "Project", and made a part ofthis Agreement.
1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District, any
supporting documentation utilized as a basis for payment by the District. This paragraph
shall survive the expiration or termination of this Agreement.
1.3 Attached to this Agreement are the following exhibits which are incorporated herein:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Statement of Work
Payment and Deliverable Schedule
Reporting Form
Federal/State Funding Resources
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall be the dates 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. The District will make funding payments only to reimburse for work
completed between October 1, 2007 and August 29, 2008.
Agreement No. 4600001189, Page 2 of 11
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A". By providing funding hereunder, the District does not make any warranty,
guaranty or any representation whatsoever regarding any of the work performed
hereunder, including but not limited to, the adequacy or sufficiency of all or any part of
work described in Exhibit "A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
research, design and permitting aspects of the Project. District funds shall only be used for
the construction activities described in Exhibit "A".
3.4 The Recipient agrees to reimburse the District funds provided through this Agreement
for facilities (i.e. test/production wells, etc.) that do not become an operational component
of the overall alternative water supply facility within the timeframe established in the
proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall
remain in full force and effect for ten (10) years from the date of contract execution.
3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the
right, without financial or other penalty or obligation, to (1) cancel this contract and/or (2)
reduce the amount of funding to be provided by the District pursuant to this Agreement in
the event that the District does not receive all or any part of the $18,000,000 state
appropriation for alternative water supply from the State of Florida as provided in the
State's 2008 fiscal year budget (SB 2800/Ch. 2007-72, Laws of Florida). The Recipient
shall indemnify and hold the District, its officers, directors board members, agents assigns
and employees, from liability, claims, damages, losses or costs should the District cancel
this Agreement or reduce the funding amounts in this contract pursuant to this paragraph.
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 "Payment and Deliverable Schedule", attached
hereto as Exhibit "B". On or before August 29, 2008, the Recipient shall provide a
completed Project Summary Final Report, attached hereto as Exhibit "C". Concurrent with
delivery of the final deliverable(s), 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(s) shall reference the District's Agreement Number and shall be
sent to the following address:
South Florida Water Management District
ATTN: Accounts Payable
PO Box 24682
West Palm Beach, FL 33416-4682
The Recipient shall not submit an invoice to any other address at the District. In order to
expedite the invoice review and approval process, the Recipient also shall submit an
Agreement No. 4600001189, Page 3 of 11
electronic copy of each invoice to the Project Manager. The Recipient invoices shall
contain the backup documentation necessary (e.g., contractor invoices) for the Project
Manager to be able to ascertain clearly that each final deliverable in the invoice has been
substantially complete.
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.
3. If the final location of the welles) varies from the original location specified in the
Consumptive Use or other permit or permit applications, the Recipient shall provide
the Project Manager with written proof that the appropriate permitting agency contact
is aware of and agrees with the changes.
The data shall be archived in the District's permanent database and available to the public.
Please contact Emily Richardson (561) 682-6824, Emily.Richardson@sfwmd.gov, for
instructions on submitting data.
4.4 The Recipient shall provide to the District regular project update/status reports by
December 1, 2007, February 1, 2008; April 1,2008; and June 1, 2008. Reports shall
provide detail on the 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.
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
Agreement No. 4600001189, Page 4 of 11
the Project Manager and the Contract Specialist noted on the first page of this Agreement
by certified mail, return receipt requested.
5.3 Should either Party change its address, written notice of such new address shall promptly
be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the District's
Agreement Number.
ARTICLE 6 - TERMINATION / REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring recipients
to materially perform in accordance with the terms and conditions of the Agreement. In
accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material
Breach" is defined as any substantial, unexcused non-performance by failing to perform an
act that is an important part of the transaction or performing an act inconsistent with the
terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwarding a Cure Notice citing the specific
nature of the material breach. The Recipient shall have thirty (30) days to cure the breach.
If the Recipient fails to cure the breach within the thirty (30) day period, the District shall
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of
the Florida Administrative Code in making a determination as to whether a Recipient
should be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
procurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District shall determine that such termination is in
the best interest of the District. Any such termination shall be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
exact amount due to the Recipient.
Agreement No. 4600001189, Page 5 of II
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 Partie~, 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 Recipient's 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 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. 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.
7.2 Whenever the District's contribution includes state or federal appropriated funds, the
Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above,
maintain records and similarly require each subcontractor to maintain and allow access to
such records in compliance with the requirements of the Florida State Single Audit Act and
the Federal Single Audit Act, as follows:
Agreement No. 4600001189, Page 6 of 11
A. Maintenance of Records: The District shall provide the necessary information to the
Recipient as set forth in Exhibit "D."
B. The Recipient shall maintain all financial/non-financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the
Chief Financial Officer and rules of the Auditor General and the State Projects
Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal
laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as
completed per fiscal year
C. Examination of Records: The District or designated agent, the state awarding agency,
the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the Recipient's financial and non-
financial records to the extent necessary to monitor the Recipient's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which
may include onsite visits and limited scope audits.
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.
Agreement No. 4600001189, Page 7 of II
8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch or another state agency.
8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private party or federal, state, municipal or local agency, and
other governmental approvals, prior to commencing performance of this Agreement. The
Recipient agrees to comply with the terms and conditions of all permits.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age or sex, from participation in, denied the benefits
of, or is otherwise subjected to discrimination in any activity under this Agreement. The
Recipient shall take all measures necessary to effectuate these assurances.
8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to
provide any goods or services related to the construction of the Project contemplated
herein. Recipient also assures that it is not on the District's Suspension of Contractors
List. Recipient agrees to include a provision to this effect in all requests for proposals and
subcontracts related to construction of this Project.
8.8 A Recipient who operates a public water supply utility shall, by June 1, 2008 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 29, 2008.
8.9 Recipient of funds for a reuse project shall provide a status report by August 29, 2008
addressing the following issues: (1) accounting of reclaimed water usage and method used
(meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing
public education programs to inform the public about water issues, water conservation and
the importance and proper use of reclaimed water; and (4) providing the District with the
location of each reuse facility owned by the Recipient.
8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of
contract execution. After construction is completed on the Project, the Recipient shall
continuously operate the Project as described in the Project proposal and consistent with
the applicable water use permit(s). In the event the Project is not operated in accordance
with these requirements, the District may cease funding for this Project and any future
Projects proposed by the Recipient. All other provisions of this contract shall terminate on
September 30,2008.
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 29,
2008.
Agreement No. 4600001189, Page 8 of 11
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.
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 No. 4600001189, Page 9 of 11
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 gIvmg precedence III the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver
of any of its rights or remedies, nor shall it relieve the other Party from performing any
subsequent obligations strictly in accordance with the terms of this Agreement. No waiver
shall be effective unless in writing and signed by the Party against whom enforcement is
sought. Such waiver shall be limited to provisions of this Agreement specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this Agreement, to the extent the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/public awareness media shall be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements arising
out of this award shall require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement. The Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative. This Agreement shall insure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest.
11.8 This Agreement is subject to and governed by the provisions applicable to it contained in
sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No.
2005-291 (SB 444, Laws of Florida).
Agreement No. 460000 I J 89, Page 10 of II
IN WIlNESS 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
Date: I /~(5~g-
, /
~
SFWMD Procurement Approved:
?J4
By: /Jdij (.bV ~ Dale:
0j~;;;r
, ,
SFWMD Office of Counsel Approved:
By: ~g~ Date:l/rVO"1
Entity's Legal Name: ~"N
By Authorized Official: .
&ACH
Printed Name:
Title:
KURT BREsstlER
CITY MANAGER
BOYNTON BEACH. FL
Date:
01- Oq - .r1oo8
Agreement No. 4600001189, Page 11 of 11
Exhibit" A"
Statement of Work
Phase lA, Reclaimed Water Distribution and Recharge System, Part 3 of3
City of Boynton Beach
A. Introduction/Background
Since a large percentage of the City of Boynton Beach's (City) land area has been developed, the City has
shifted its focus from growth management to renewal and redevelopment of both its infrastructure and its
natural resources. As the demand on ground water resources continues to increase throughout South
Florida, the availability of future raw water supply becomes more questionable. Increased ground water
withdrawal allocations to meet future demands are becoming more and more difficult for municipalities to
obtain from the South Florida Water Management District (SFWMD), unless alternative programs that
offset consumptive use demands are utilized. Implementation of reclaimed water use programs is one of
the most effective methods recognized by SFWMD to offset consumptive use demands.
In an effort to identifY means to achieve reclaimed water use within the City's service area, in February
2007 the City completed the "City of Boynton Beach Supplemental Phase I Reclaimed Water System
Plan". The purpose of the Plan is to identifY the pipeline sizing and routing to serve identified users
within the Phase I area.
The potential Phase I reclaimed water users were identified as follows:
. Congress A venue Park
. Crosspointe Elementary School
. Bethesda Service Center
. Caloosa Park
. South Tech
. Highpoint Residential
. Little League Ball Park
. Boynton Beach Cemetery
. Forest Park Elementary
. Boynton Beach WTP
. Snug Harbor
. Sterling Village
. Pence Park
. Boynton Beach Civic Center
The project will also provide reclaimed water to the City's wellfield recharge area located directly east
and west of 1-95 between Woolbright Road and Golf Road. The capacity of the recharge area has not
been determined. The City intends to design, construct and place on-line the Phase I reclaimed water
system over the next 18 months.
B. Objectives
The objective of this project is the implementation of the first phase (Phase lA) a reclaimed water system
within the City of Boynton Beach and to provide up to 0.445 million gallons per day (MGD) of reclaimed
water use.
Page 1 of2, Exhibit "A" to Agreement No. 4600001189
C. Scope of Work
The City of Boynton Beach will construct a reclaimed water system which consists of approximately
S,350 LF of 24-inch reclaimed water main, I,SOO LF of S-inch reclaimed water main and 3,SOO LF of 6-
inch reclaimed water main and associated piping and valves to serve the Phase 1 A (Bethesda Service
Center, Caloosa Park, South Tech, Congress Avenue Park, Crosspointe Elementary School) reclaimed
water service and recharge area.
D. Work Breakdown Structure
The work breakdown structure associated with this project is described below. Note that if the project is
completed prior to the due date of a Status Report (Tasks 1-4), then the Status Report shall be replaced by
the Final Report and subsequent Status Reports shall not be required.
Task 1 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: December 1, 2007
Task 2 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: February 1, 200S
Task 3 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: April 1, 200S
Task 4 - Status Report: Recipient shall submit to the project manager a status report summarizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: June 1, 200S
Task 5 - Recipient shall construct approximately 6,S50 linear feet (LF) of 24-inch, 1,500 LF of S-inch,
and 3,500 LF of6-inch reclaimed water main and associated piping and valves to serve Phase lA.
Delivery Date: August 29, 200S
Task 6 - Recipient shall construct approximately 1,200 LF of 24-inch reclaimed water main via
directional drill method under CSX RR & 1-95.
Delivery Date: August 29, 200S
Task 7 - Recipient shall construct approximately 300 LF of 24-inch, 300 LF of S-inch and 300 LF of 6-
inch reclaimed water main via directional drill method under Congress Avenue.
Delivery Date: August 29, 200S
Task S - Final Report: Recipient shall submit to the project manager a Final Project Report
summarizing all work performed during the course of the project.
Delivery Date: August 29, 200S
Page 2 of 2, Exhibit "A" to Agreement No. 4600001189
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
. The schedule set forth below is based on a one (1) year agreement from October 1, 2007 to
September 30,2008.
. Total payment by the District to Boynton Beach shall not exceed the amount of $1,505,900.
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 August 29,
2008. 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, 2007; February 1, 2008; April 1, 2008; and June 1, 2008.
Reports will provide detail on the progress of the project and outline any potential issues affecting
project completion or overall schedule. Status reports may be submitted in any form agreed to by the
District Project Manager and the Recipient, and could include emails, memos, and letters.
. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for
each applicable fiscal year of this Agreement will be subject to Governing Board budgetary
appropriation. In the event the District does not approve funding for any subsequent fiscal year, this
Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions
in this Agreement to the contrary.
1 Status Report N/A December 1, 2007 N/A
2 Status Report N/A February 1, 2008 N/A
3 Status Report N/A April 1, 2008 N/A
4 Status Report N/A June 1,2008 N/A
Construction of approx. 6,850 LF
of 24-inch, 1,500 LF of 8-inch, August29,2008
5 and 3,500 LF of 6-inch reclaimed N/A $660,750
water main and assoc. piping and
valves to serve Phase 1A
Construction of approx. 1,200
6 linear feet of 24-inch reclaimed August 29, 2008 N/A $746,050
water main via directional drill
method under CSX RR & 1-95
Construction of approx. 300 LF of
24-inch, 300 LF of 8-inch and 300
7 LF of 6-inch reclaimed water August 29, 2008 N/A $99,100
main via directional drill method
under Con ress Avenue
8 Final Project Report N/A August29,2008 N/A
TOTAL DISTRICT PAYMENT $1,505,900
Total construction Cost This Phase $4,058,000
Page 1 of2, Exhibit "B" to Agreement No. 4600001189
* The deadline for the final invoice submittal is August 29, 2008. However, this invoice could be submitted
before August 29, 2008
** Final payment is based on the total estimated construction cost this phase. An actual cost less than the estimated
cost may result in a reduced final payment.
If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data
collected in the course of drilling and testing, in the SFWMD specified format. An electronic copy of the
SFWMD specified format is available via email. Contact the appropriate SFWMD Project Manager to
request one.
Page 2 of2, Exhibit "B" to Agreement No. 4600001189
EXHIBIT "C"
REPORTING FORM
Project Summary Final Report - FY 2008
Project Name
Project Manager
SFWMD Contract Number
Project Owner
Describe Project constructed:
Quantity of Water Made Available
(MGD) U on Com letion of This Phase
Type of
Alternative Water
Supply
Construction Duration
Pro osed
Actual
Start
Finish
Pro osed (this FY)
$
Total Construction Cost - This Phase $
District funding this phase $
$
Local funds $
Other funding source
$
From: $
$
TOTAL
Attach map and photo(s) of project on CD, if available. The District will make funding payments only to
reimburse for work completed between October 1, 2007 and August 29, 2008.
To the best of my knowledge, the above information is correct
Chief Financial Officer
Project Manager
Page 1 of I, Exhibit "C" to Agreement No. 4600001189.
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The City of
Boynton Beach
. ct.
Utilities Department
124 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (561) 742-6400
FAX: (561 )742-6298
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TO:
Janet Prainito, City Clerk DATE:
01130/08
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TRANSMITTAL
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FROM:
Karen Riseley, Contract Administrator
Utilities/Engineering Division
(561) 742-64365
FAX (561)742-6298
RE: SFWMD Agreement #4600001189
Reclaimed Water Distribution Project
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
DATE NO. DESCRIPTION
01/30/08 1 Original, fully executed SFWMD Agreement #4600001189
Resolution R08-002, 01/02/08
Thank you
Signed:
r--~)
Karen T. Riseley, CPPB
Contract Administrator
bc: Utilities Grant File (document copy)
Barb Conboy, Utilities Manager Finance/Administration (document copy)
Luisa Valenciano, City Clerk's Office (transmittal only)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Mr. Kofi Boateng, Director of Utilities
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
RECE\\fEO
January 25, 2008
JAN 2 8 2008
Dear Mr. Boateng:
BO'lmOM BE~C\-\ \)i\l\i\ES
Subject:
Contract # 4600001189
FY2008 AWS- Project # LEC-42
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
(District). Should there be any questions, or if you require any additional information,
please contact me.
Sincerely,
Betty hayer
Senior Contract Specialist
Procurement Department
bthayer@sfwmd.gov
(561) 682-6011
FAX: (561)682-5117
BT Irs
Enclosure
C: Moysey Ostrovsky / MSC4363
Procurement/Original File
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov