Agenda 09/24/2013 Item #16C2 9/24/2013 16.C.2.
EXECUTIVE SUMMARY
Recommendation to accept Funding Agreement No. 4600002929 with the South Florida Water
Management District to provide funding in the amount of $600,000 for the Irrigation Quality
Water Aquifer Storage and Recovery Well#2,Project 74030.
OBJECTIVE: Accept funding agreement No. 4600002929 with the South Florida Water Management
District (SFWMD) to provide funding for the Irrigation Quality Water Aquifer Storage and Recovery
Well #2, Project 74030.
CONSIDERATIONS: On June 24, 2008, Agenda Item 10G; the Board of County Commissioners
(Board) adopted the 2008 Water and Wastewater Master Plan Updates that identified requirements for the
Aquifer Storage and Recovery Well Project. The proposed scopes of work are consistent with the 2008
Water Master Plan Update,Project 74030 "Irrigation Quality Water Aquifer Storage and Recovery (ASR)
Well," Section 8, Table 8-1, page 7 of 7, line 148. The project is consistent with the 2010 Water and
Wastewater CIP Updates as identified in the 2011 User Fee Rate Study. Project 74030 is consistent with
the 2010 Wastewater CIP Update, page 3 of 4, line 93. The funding amount of$600,000 will partially
fund the construction of Irrigation Quality Water Aquifer Storage and Recovery Well #2, Project Number
74030.
The county has developed a robust and sustainable irrigation quality (IQ) water system that provides more
than five billion gallons of reclaimed water to its customers annually. However, even with the extensive
reuse program, excess reclaimed water must be disposed of using deep injection wells during the rainy
periods when irrigation demand is low. To expand and maximize the effectiveness of its existing reuse
program, the county embarked on the Livingston Road IQ Water Aquifer Storage and Recovery (ASR)
wells project. ASR wells provide the most cost-effective means to store IQ water and supplemental well
water during wet weather conditions for use during the dry season. With adequate seasonal storage,
reclaimed water can be used much more effectively, reducing water withdrawals from surface or
groundwater systems during critical dry season periods, and reducing the loss of valuable freshwater
resources.
On September 11, 2012, as Agenda Item 11F, the Board approved the construction of ASR Well #1.
Construction of Well #1 is 95 percent complete, with cycle testing scheduled to begin in November 2013.
The construction of ASR Well#2 will replicate ASR Well #1, and continue the ASR Program with the end
goal of operating five ASR wells capable of storing 375 million gallons of IQ water for use during each dry
season.
ASR Well#2 and its ancillary facilities will be sized to accommodate injection and recovery flows of up to
1.5 million gallons per day. The well will have a total depth of approximately 1,400 feet, and will extend
below the underground source of drinking water. The final total well depth and casing depth will be
determined during the well construction, based on hydrogeologic data obtained during the drilling
operation.
The construction scope of Well #2 includes the below ground well, above ground well head piping and
appurtenances, the transmission pipeline from the well to the existing system piping, electrical
improvements required to power the new well pump and ancillary equipment, and instrumentation
improvements to control the new well pump and ancillary equipment.
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FISCAL IMPACT: Funding revenue of $600,000 will be realized upon completion of work during
FY2014. Estimated FY2014 construction cost of ASR Well #2 is forecast at approximately $2 million. A
budget amendment is required to recognize revenue of $600,000 in Public Utilities Grant Fund (416),
Project 74030-02. The remainder of the construction funding will come from Public Utilities Capital Fund
(414), Project 74030.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: These projects meet the current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District
1. Accept a South Florida Water Management District Alternative Water Supply Funding agreement
in the amount of$600,000 for partial funding of ASR Well #2 at the Livingston Road ASR Well
Site,Project 74030;
2. authorize the Chairwoman to execute Agreement No. 4600002929 between the South Florida
Water Management District and Collier County; and,
3. approve a budget amendment to recognize the revenue from this funding agreement.
PREPARED BY: Jennifer A. Rainey, Operations Analyst, Public Utilities Planning and Project
Management Department
Attachment: South Florida Water Management District Contract#4600002929
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to accept Funding Agreement No.4600002929 with
the South Florida Water Management District to provide funding in the amount of$600,000 for
the Irrigation Quality Water Aquifer Storage and Recovery Well #2, Project 74030.
Meeting Date: 9/24/2013
Prepared By
Name: RaineyJenniferA
Title: VALUE MISSING
9/5/2013 8:15:02 AM
Approved By
Name:HapkeMargie
Title: Operations Analyst,Public Utilities
Date: 9/5/2013 9:24:13 AM
Name: Joseph Bellone
Title:Manager-Utility Billing&Cust Serv.,Utilities F
Date: 9/5/2013 10:04:19 AM
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineeri
Date: 9/5/2013 10:43:37 AM
Name: JacobsSusan
Title: Operations Analyst,Public Utilities
Date: 9/6/2013 11:44:39 AM
Name: ChmelikTom
Title: Director,Public Utilities Engineering
Date: 9/6/2013 1:08:53 PM
Name: JohnssenBeth
Date: 9/6/2013 1:13:29 PM
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Name: TeachScott Adow
Title:Deputy County Attorney,County Attorney
Date: 9/6/2013 4:22:10 PM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 9/10/2013 2:55:08 PM
Name: YilmazGeorge
Title:Administrator,Public Utilities
Date: 9/10/2013 3:12:30 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/11/2013 4:07:00 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/12/2013 7:30:06 PM
Name: OchsLeo
Title: County Manager
Date: 9/13/2013 12:27:04 PM
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
-""ittt. ALTERNATIVE WATER SUPPLY FY2014
FUNDING PROGRAM
Recipient: Collier County Agreement Number: 4600002929
Recipient's Project Manager: Governing Board Approval Date: September 12,2013
Mr. Tom Chmelik, Director,Public Utilities
Division, Planning& Project Management District Funding Amount: $600,000.00
Address: 3339 East Tamiami Trail Contract Term: October 1,2013—September 30, 2014*
Naples,FL 34112
Telephone No: (239)252-6213 *All deliverables are due by September 30,2014
Fax No: (239) 252-6452
E-mail Address: TomChmeliklaicolliergov.net
SFWMD Project Manager: Max Guerra
Telephone No.: (239) 597-1505 x 7612
E-mail Address: murraah o RILL;20
Fax No.: (239)263-8166
Contract Specialist:
Sharman Ros,
Telephone No.
(561)682-2167
Fax No.:
(561)682-5117
Address:
3301 Gun Club Road
West Palm Beach,FL 33406
Insurance: Not Applicable
Federal Employer Identification Number:
Project Title: FY2014 AWS BCB Project
Description: Collier County -Aquifer Storage and Recovery(ASR)Well #2
Agreement No.4600002929,Page 1 of 12
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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 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 forum 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 Payment and Deliverable Schedule
Exhibit C Status Report
Exhibit D Final Project Summary Report
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
reimburse 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%)
or more of the Project's construction cost, unless a different amount is authorized pursuant
to s. 373.707(8)(e), Florida Statutes. The Recipient acknowledges that the District may
authorize an amount less than forty percent (40%); and, if current fiscal year construction
costs decrease the approved funding may be decreased. The approved funding is a
percentage, up to forty percent (40%) based on the estimated current fiscal year project
construction cost. For FY 14, payment(s)will be made by the District for work authorized
and completed between October 1, 2013 and September 30. 2014. The District will not
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reimburse the Recipient for FY14 work that commences prior to the start date of the
Agreement or for work completed after September 30.2014.
32 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 twenty(20)years from the date of contract execution.
ARTICLE 4—FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance of the
deliverable(s) as described in the"Summary Schedule of Tasks and Deliverables", attached
hereto as Exhibit "B". The Recipient shall provide a completed Project Status Report
attached hereto as Exhibit "C" within ten (10) business days of the following due dates
December 31, 2013, March 31, 2014 and June 30, 2014. In addition, on or before
September 30, 2014, the Recipient shall provide a completed Project Summary Final
Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package.
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 Purchase
Order 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 shall also submit a copy
of each reimbursement request package to the District's Project Manager(s). The
Recipient's reimbursement request package shall contain the backup documentation
required (e.g., the request shall include but is not limited to a copy of Recipient's invoice
(include the District's Agreement Number and Purchase Order number), signed
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certification letter on Recipient's letterhead (signed by an authorized representative of the
Recipient), tasks completed per the Agreement (if all tasks finished, a statement
indicating that the project is completed per the Agreement) and. vendor
invoices/application for payment) for the District Project Manager(s) to ascertain that
each deliverable in the invoice has been substantially complete. The Recipient shall
submit the final reimbursement request package and Exhibit "D" on or before September
30, 2014. Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in an
unavoidable delay in payment by 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.
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3. If the final Iocation of the well(s) varies from the original location specified in the
Consumptive Use or other permit or permit applications, the Recipient shall provide
the District Project Manager(s) 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, 1%111i , for
instructions on submitting data.
4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C")
quarterly by December 31, 2013: March 31; June 30, 2014 and Project Summary Final
Report on September 30, 2014. Reports shall provide detail on the progress of the Project;
amounts expended to date per task and outline any potential issues affecting Project
completion or overall schedule. Exhibit "C" shall be submitted to the District's Project
Manager(s)via e-mail within ten(10)business days of the specified due date. In the event
actual construction costs are less than the not-to-exceed amount for a particular task stated
in Exhibit "B". the Recipient will have the right to apply the unexpended balance toward
another task, unless the total current fiscal year construction cost has decreased. The
Recipient shall provide prior written notice of its decision to exercise this right. If the
Recipient does not exercise this right, the Recipient agrees to amend the contract to revise
the approved funding consistent with the original percentage to the lower construction cost.
In no event, shall the District's total obligation exceed the amount specified in Exhibit"B"
Agreement No.4600002929,Page 4 of 12
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for this Cooperative Agreement; however, an actual construction cost less than an
estimated construction cost may result in a reduced final payment. The Recipient is
responsible for any additional funds either through local revenues, grants, other
appropriations, and/or other funding sources.
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 District Project Manager(s) for attempted resolution or
action. The District Project Manager(s) 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 District's Project Manager(s) 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 and Purchase Order Number.
ARTICLE 6—TERMINATION/REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring the
Recipient to materially perform in accordance with the terms and conditions of the
Agreement. In accordance with Chapter 40E-7,Part II of the Florida Arhninistrative 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.
Agreement No.4600002929,Page 5 of 12
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6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District shall determine that such termination is in
the best interest of the District. Any such termination shall be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
_.� _exact amount due to the Recipient._____
6.3 In the event a dispute arises, which the Project Managers' cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties,and the cost of the
mediation shall be borne equally by the Parties. The mediation process shall be confidential
to the extent permitted by law.
6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right
to terminate this Agreement immediately without notice in the event any of the
representations contained in the 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
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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:
A. 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 (CSFA) 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
B. 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.
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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. A
delay in obtaining permits shall not give rise to a claim by the Recipient for additional
compensation. If the Recipient is unable to obtain all necessary permits in a timely
manner, either party may elect to terminate this Agreement, each party to bear its own
costs, notwithstanding other provisions of this Agreement to the contrary. 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.
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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 February 1, 2014 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 May 31, 2014.
8.9 Recipient of funds for a reuse project shall provide a status report by May 31, 2014
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
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the application water use permit(s). In the event the Project is not operated or completed in
accordance with these requirements, the Recipient, if requested by the District, agrees to
reimburse the amount of funding the District provided to this project. This amount may be
prorated based on the number of years the completed project is operated using an assumed
project life of 20 years. Furthermore, 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 30,2014.
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 September
30, 2014.
ARTICLE 9—INDEMNIFICATION AND INSURANCE
9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the
limits permitted in Florida Statute 768.28, 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. Pursuant to section 768.28, Florida Statues, nothing herein shall require the
Recipient to be liable for intentional or reckless acts or for actions committed in bad faith
or malicious purpose or in a manner exhibiting wanton and willful disregard of human
rights, safety,or property. However,nothing contained here shall constitute a waiver by the
Recipient of its sovereign immunity or the provisions of F.S. 768.28.
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'I t11 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.
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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) Project Information Document
(d) 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.E This Agreement may be amended only with the written approval of the Parties.
Agreement No.4600002929,Page 10 of 12
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11.6 This Agreement states that all publicity/outreach media will be jointly planned by the
Recipient and the District and any and all materials, events, or endorsements arising out of
this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement. The Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative. This Agreement shall inure to the benefit of and shall
be binding upon the parties,their respective assigns, and successors in interest.
Agreement No.4600002929,Page 11 of 12 `J
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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:
Dorothy A. Bradshaw,Procurement Bureau Chief
Date:
SFWMD Procurement Approved:
By: Date:
Recipient's Legal Name: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By Authorized Official:
Printed Name:
Title:
Date:
ATTEST Approved as to form and legality
DWIGHT E. BROCK, CLERK
BY: Scott R.Teach,Deputy County AttDM
"wow
Agreement No.4600002929,Page 12 of 12
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EXHIBIT"A"
STATEMENT OF WORK
Collier County Public Utilities
Aquifer Storage and Recovery(ASR) Well Program FY2014
Livingston Road ASR Well#2
INTRODUCTION/BACKGROUND
Collier County(County and/or Recipient)has identified a need to increase the utilization of
reclaimed water within the service area of the North County Regional Water Reclamation
Facilities(NCRWRF). For significant portions of the year,there is insufficient reclaimed water
available to meet the demands of the County's reuse customers. During certain periods of the
wet season,there is an excess supply of reclaimed water.
The County has developed a robust and sustainable irrigation quality(IQ)water system which
provides more than 5 billion gallons of reclaimed water to its customers annually. However,
even with the extensive reuse program,excess reclaimed water must be disposed of using deep
injection wells during the rainy periods when irrigation demand is low. To expand and
maximize the effectiveness of its existing reuse program,the County embarked on the Livingston
Road IQ Water Aquifer Storage and Recovery(ASR)project. ASR provides the most cost-
effective means to store both IQ water and supplemental well water during wet weather
conditions for use during the dry season. With adequate seasonal storage reclaimed water can be
used much more effectively;reducing water withdrawals from surface or groundwater systems
during critical dry season periods and reducing the loss of valuable freshwater resources.
Construction of the IQ Water ASR system was completed in 2007. However,due to changes in
State and Federal regulations during the construction of the system,the system has never been
operationally tested or put into service. After an extensive investigation of alternative ways to
utilize the ASR system,the County identified that the best value utilization of the system was to
modify the existing system to inject below the underground source of drinking water(USDW)
and to operate it initially as a pilot demonstration project. In 2012 and 2013,the pilot
demonstration project utilizing one ASR well was designed and reconstructed.
With the pilot demonstration project constructed, the County will construct a second ASR well at
the Livingston Road site.
SCOPE OF WORK
This project is to continue the construction of an ASR wellfield on Livingston Road,which in
this phase includes the installation and testing of one additional ASR well below the USDW.
The scope of work for this phase includes the following:
The purpose of this project is to construct a second non-USDW ASR well at the Livingston Road
site near the northwest corner of the property. The new ASR well will be sized for injection of up
Page 1 of 4,Exhibit"A"to Agreement No.4600002929
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to 1.5 million gallons per day(MGD)and recovery of up to 1.5 MGD of reclaimed water or
supplemental groundwater. The design includes the below ground well,above ground well head
piping and appurtenances,the transmission pipeline from the well to the existing system piping,
electrical improvements required to power the new well pump and ancillary equipment,and
instrumentation improvements to control the new well pump and ancillary equipment.
Codes,Regulations and Standards
The design will be completed in accordance with the following codes,regulations and standards.
Additional construction permits such as a well drilling permit and County building permits will
need to be obtained by the selected contractor.
• Collier County Utilities Standards Manual
• Collier County electrical and instrumentation standards
• A Florida Department of Environmental Protection(FDEP)permit to
Construction/Operate/Abandon Class I,Ill or V Injection Well Systems will be required
to construct the new well. The subsurface design of the well will advance ahead of the
other disciplines and be ready for submittal to 1-'i3EP after review and comment by the
County at the preliminary(30%)design stage.
• A South Florida Water Management District(SFWMD)permit modification for permit
No. 11-00052-W(supplemental IQ wellfield)will be required to allow injection of water
from the Livingston Road IQ Water Wellfield into the new ASR well.
• A SFWMD permit modification for permit No. 11-02767-W will be required to include
the new ASR well as an additional facility on the permit.
• An environmental resource permit(ERP)will be required from the FDEP and the Army
Corps of Engineers(ACOE)for this project if construction cannot be constrained to the
previously modified areas on the site.
Project and Site Constraints
The following constraints have been identified for the project:
• The project site includes several areas which were previously categorized as jurisdictional
wetlands. Any work that encroaches on these areas will require a FDEP and an ACOE
ERP. As stated in the Codes,Regulations and Standards section,the drilling contractors
contacted do not believe the work can be limited to the previously modified areas if the
new well is to be located in the previously constructed well pad area
Page 2 of 4,Exhibit"A"to Agreement No.4600002929
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• The project site is located in close proximity to a residential community,Carlton Lakes.
Based on the County's good neighbor policy and previous construction projects at the site,
the working times for the project will need to be limited to Monday to Friday from 7:00
AM to 7:00 PM. Additionally,the noise restrictions and noise monitoring requirements
included in the previous construction project at the site should be included in this
construction contract to limit the potential for complaints.
System Sizing
The new ASR well and ancillary facilities will be sized to accommodate injection flows up to 1.5
MGD and to recover flows up to 1.5 MGD. The well will have a total depth of approximately
1,400 feet BLS with a casing depth of approximately 1,360 feet BLS. The final total well depth
_ and casing depth will be determined during the well construction based on hydrogeologic data
obtained during the drilling operation. The well will be constructed of fiberglass reinforced pipe
(FRP)with a nominal 16-inch diameter upper casing to a depth of approximately 240 feet below
land surface (BLS)which will transition between 240 feet BLS to 260 feet BLS to a nominal 12-
inch diameter lower casing from approximately 260 feet BLS to approximately 1,360 feet BLS.
Instrumentation System
Instrumentation and controls will be furnished as required to monitor and control the new Well 2.
This will include new instruments to measure flow,pressure,level,and water quality
(conductivity,pH and chlorine residual). In order to conform to County instrumentation and
control planning,new instruments will be provided where possible with 4-20 mA output and
HART digital protocol,for full interface with the control system.
A programmable logic controller(PLC)will be used to receive and process instrumentation
signals, and to control the pump and valves for recharge and recovery operation. This PLC will
include Ethernet communication capability and will report to the wider County SCADA system.
It is not yet determined whether a new PLC and associated control panel will be furnished for the
new well, and then linked via Ethernet to the existing main PLC;or the existing main PLC will be
modified by the addition of input/output(I10)modules and programming. The former approach
is preferable in that it will mean minimal interference with other planned modifications to the
controls that are beyond the scope of this project. Electrical equipment such as motor control
centers and drives will also be connected to the control system via Ethernet where possible. If a
new PLC is furnished,it will be an Allen-Bradley CompactLogix. The existing main PLC is an
Allen-Bradley SLC 5/05.
New and modified programming of PLCs and human-machine interface(HMI)will also be
provided for operator control and data collection. Graphic screens will be added and modified as
needed to depict the new well,both on the PanelView terminal in the main PLC panel and in the
iFIX version 5.1 application in the County SCADA system. It is noted that the construction
under this project is expected to occur near the same time as the conversion of the method of
communication between Livingston Road and County SCADA,from radio to fiber optic cable.
Page 3 of 4,Exhibit"A"to Agreement No.4600002929
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The programming modifications will be done in careful coordination with the County to suit the
correct SCADA configuration.
WORK BREAKDOWN STRUCTURE
The work breakdown structure associated with this project is described below.
Task 1: Recipient shall submit to the District Project Manager an electronic submittal of the final
project bid amount and/or vendor estimates and NTP for tasks to be completed in FY 14.
Due Date: Upon contract execution
Task 2: Exhibit"C"-Quarterly Status Report: Recipient shall submit to the District 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.
Due Date: December 31,2013
Task 3: Exhibit"C"-Quarterly Status Report: Recipient shall submit to the District 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.
Due Date: March 31,2014
Task 4: Exhibit"C" -Quarterly Status Report Recipient shall submit to the District 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. `#
Due Date: June 30,2014
Task 5.1: Begin construction of ASR Well 2: Recipient shall construct ASR Well 2.
Construction will be based on the specifications and data collected from the previous installation
of ASR Well 1. This well will be constructed according to Class V Injection Well standards.
The construction will begin in October 2013 and will be completed by June 2014. The
construction also includes the installation of a shallow monitoring well. The information related
to ASR Well 2 will be summarized in a well completion report and submitted to the regulatory
agencies as part of the Class V permit.
Due Date: June 30,2014
Task 5.2: installation of Yard Piping: Upon completion of ASR Exploratory Well 2,Recipient
shall install the necessary piping in order to connect the well to the ASR network and allow for
cycle testing.
Due Date: August 30,2014
Task 6: Reimbursement Request and Project Summary Report: Recipient shall submit to the
District Project Manager the final reimbursement request package and Project Summary Report
(Exhibit"D")
Due Date: September 30,2014
Page 4 of 4,Exhibit"A"to Agreement No.4600002929
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EXHIBIT"B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
Collier County
Aquifer Storage and Recovery(ASR) Well Program FY2014
ASR Well#2
• The schedule set forth below is October 1,2013 to September 30, 2014.
• All deliverables submitted hereunder are subject to review and acceptance by the District
Project Manager(s).Acceptability of all work will be based on the judgment of the
District that the work is technically complete and accurate.
• Payment shall be made following receipt and acceptance by the District of the
Reimbursement Request Package(s)in accordance with the schedule set forth below. The
Recipient shall submit a reimbursement request upon completion of each Task noted
below.If applicable,the Recipient shall submit a final reimbursement request package
for payment and Exhibit"D"on or before September 30,2014. All reimbursement
request packages shall be accompanied by adequate documentation to demonstrate
completion of each Task in accordance with Exhibit"A",the Statement of Work(SOW).
• Reimbursement Request Packages shall include,but not be limited to, a copy of the
Recipient's invoice, signed certification letter for partial payment that the Task(s)is(are)
complete per the SOW or that the project is complete per the SOW,copies of vendor
invoices(pay applications),and any other documentation supporting payment.
Reimbursement Request Packages shall adequately demonstrate completion of each Task
in accordance with Exhibit"A",the SOW.
• The District shall only be obligated to pay for documented actual FY2014 construction
costs within the not-to-exceed amounts specified below. In the event actual construction
costs by the Recipient are less than the not-to-exceed amount for a particular Task,the
Recipient shall have the right to apply the unexpended balance toward another Task,
unless the total current fiscal year construction cost has decreased. The Recipient shall
provide prior written notice of its decision to exercise this right to the District Project
Manager(s). If the Recipient does not exercise this right,the Recipient agrees to amend
the contract to revise the approved funding consistent with the original percentage to the
lower construction cost. In no event shall the District's total obligation exceed the
amount specified below for the total Agreement;however,an actual construction cost
less than the estimated construction cost may result in a reduced final payment. The
Recipient is responsible for any additional funds either through local revenues, grants,
other appropriations, and/or other funding sources.
• Total payment by the District for all work completed herein shall not exceed the amount
of 5600.000.00. If the total consideration for this Agreement is subject to multi-year
funding allocations, funding for each applicable fiscal year will be subject to Governing
Board budgetary appropriation. In the event the District does not approve funding for
Page 1 of 2,Exhibit"B"to Agreement No.4600002929
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any subsequent fiscal year,this Agreement shall terminate upon expenditure of the
current funding,notwithstanding other provisions in this Agreement to the contrary.
Electronic submittal of final project bid Upon Contract
1 amount and/or vendor estimates for N/A Execution2 N/A
tasks to be completed in FY14
2 Exhibit"C"—Quarterly Status Report3 N/A December 31,2013. N/A
3 Exhibit"C"—Quarterly Status Report3 N/A March 31,2014 N/A
4 Exhibit"C"—Quarterly Status Report3 N/A June 30,2014 N/A
5.1 Construction of ASR Well 2 Upon Task
5 5.2 Installation of Yard Piping NIA N/A
Completion
6 Reimbursement Request Package September 30, September 30,2014 $600,000
Project Summary Report(Exhibit"D") 2014
Total District Funding $600,000 Aaaa
Current Fiscal Year(s)Construction Cost $1,500,000
Total Project Construction Cost $1,500,000
' If applicable,interim Reimbursement Request Packages shall be submitted upon completion of the
task(s)noted above. Reimbursement Request Packages must be submitted on or before September 30,
2014 for reimbursement.
2 If construction bids and vendor estimates have not been completed upon execution of the Agreement,
the Recipient shall submit this information as soon as it is available to the District Project Manager(s).
3 Exhibit"C" Quarterly Status Reports are due within ten (10)business days of the due date.
4lneligible costs include,but not limited to,permits,as-builts,videos,early completion bonus,bonds and
insurance, etc.
Note: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 District specified format. An
electronic copy of the District specified format is available via email. Contact the appropriate District
Project Managers)to request one.
Page 2 of 2.Exhibit"B"to Agreement No.4600002929 A \t
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Exhibit "C"
Alternative Water Supply Program FY 2014
Quarterly Status Report
To comply with the AWS Status Report requirements specified in your contract, this form shall be
completed and submitted via e-mail to your South Florida Water Management District Project
Manager(s). Please attach backup documentation (e.g., pictures, drawings, etc.)that will provide an
understanding of project construction to date.
Status Report—Quarter/Final I 1 fl 2 3 Date:
Name of Person Completing Form
Contract Number 4600002929 Proposal Number
Entity Name: Collier County
Project Title: Livingston Road Aquifer Storage and Recovery(ASR)Well#2
1. Provide a brief description of project status.
2. What is the overall status of your project(check one)?
On Schedule
ri Behind Schedule? Explain why. Do you expect the project to be completed on time?
3. Actual Project Construction Cost Information
Date Amount
Bid Document 1
Final Contract(with
Vendor)
Total Expended to Date
Change Order(s)
Page 1 of 2.Exhibit"C"to Agreement No.4600002929
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Exhibit "D"
41. 1-L4
Alternative Water Supply FY2014
ve•9`,.
Final Project Summary Report
Livingston Road Aquifer Storage and Recovery Mr. Tom Chmelik
(ASR)Well#2 Entity Project Manager
Project Title
4600002929/950000xxxx Collier County
SFW1V1D Contract/Purchase Order Number Entity Project Owner
Describe Project constructed:
Quantity of Water Made Available
Type of Alternative Water (MGD)Upon Completion of This Phase Construction Duration
Supply Proposed Actual Start Finish
Reclaimed
Cost for this Phase(Phase refers to the current FY work)
— Proposed (this FY) Actual (this FY)
Total Construction Cost–This Phase $1,500,000
Fmiding,Breakdovvn for This Phase
District funding this phase $600,000.00
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 1,2013 and June 30, 2014.
To the best of my knowledge, the above information is correct.
Chief Financial Officer
Entity Project Manager
Page 1 of I.Exhibit"D"to Agreement No.4600002929
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