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R05-198 II 1 RESOLUTION NO. R05-lq~ 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RATIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 WASTEWATER TREATMENT AND DISPOSAL 8 BOARD, ITEMS A - E, ON NOVEMBER 17, 2005, 9 AS SET FORTH IN EXHIBIT "A" ATTACHED 10 HERETO; AUTHORIZING AND DIRECTING 11 THE CITY MANAGER AND CITY CLERK TO 12 EXECUTE SAID AGREEMENT; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 17 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of 18 November 17,2005, as set forth in the attached Exhibit "A". 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption. 23 Section 2. The City Commission does hereby ratify the action taken by the South 24 Central Regional Wastewater Treatment & Disposal Board on November 17, 2005, as to the 25 following: 26 a. Authorization to enter into agreement with Florida Water 27 Environmental Association Utility council to allow NOAA to perform 28 dye tracer study on the Gulfstream Reef in the amount of$189,000.00. 29 Cost to be split 50/50 from each City's Capital Fund. 30 b. Authorization to approve modification of Hazen and Sawyer task order 31 04-061 for reclaim expansion in the amount of $97,760.00 increasing 32 the total task order amount to $537,760.00 to be split 50/50 from each 33 City's Capital Fund. 3 c. Authorization to enter into contract with Interstate Engineering Corp., 3 in the amount of $1,489,00.00 to construct a 3 million gallon reuse S:ICAIRESOISCRWTDB Annual Meeting 11-17-05 Ratification.doc II 1 2 3 4 5 6 7 8 9 10 water storage tank, associated piping and pumps. Cost to be split 50/50 from each City's Capital Fund. d. Authorization for Chairman to enter into contract DG061158 with South Florida Management District for reuse project in the amount of $1,493,590.00. e. Authorization for the Chairman to accept Hazen and Sawyer's work order 06-001 to provide consulting services in the amount of $26,908.00 for reclaimed water distribution system hydraulic model. Section 3. This Resolution shall take effect immediately upon passage. 11 PASSED AND ADOPTED this ~ day of December, 2005. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CITY OF FLORIDA BOYNTON BEACH, ATTEST: cJMct1n. ~ ity Clerk S:ICAIRESOISCRWTDB Annual Meeting 11-17-05 Ratification.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17, 2005, by a vote of 7-0, to approve modifications of Sixth Amendment to Interlocal Agreement. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ JJ...... day of ~'" 0 ~.\:> ,'Z-a::5, by a 5 - [) vote. CITY OF DELRAY BEACH M By: Attest: ~~.~,~~ City Clerk Approved as to fonn: .,--- \l-~ AsS.City Attomey / SIXTH AMENDMENT TO INTERLOCAL AGREEMENT THIS SIXTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this ~day 0;-~~)\)j.\Q-,-,- , 200~, by and between \ the CITY OF BOYNTON BEACH, FLORIDA. a municipal corporation, hereinafter referred to as "BOYNTON", and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY". WITNESSETH: WHEREAS, BOYNTON and DELRA Y pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27,1981, by Second Amendment dated September 15, 1983, by Third Amendment dated October 19, 1995, and by that certain Fourth Amendment dated February 18, 2003, and the Fifth Amendment dated September 7.2004; and, WHEREAS, the BOARD is desirous of amending Section 3, Powers and Procedures, Subsection (B)(14) to provide the BOARD to be a provider of reclaimed water to the Cities of Delray Beach, Boynton Beach, other entities within the respective Cities, as well as providing for the internal use of the reclaimed water by the BOARD and further amending Annex I, Allocation of Operatinq Costs, Subsection 6, Reclaimed Water, to provide that the BOARD will be authorized to enter into independent Interlocal Agreements with the Cities of Boynton Beach and Delray Beach, respectively, for the providing of such wholesale reclaimed water. NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974, by 8.nd between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida is amended as follows: 1. Section 3. Powers and Procedures, Subsection (B)(14), is hereby amended in its entirety to read as follows: "14. Enter into contracts for sale and disposal of reclaimed water for irrigation and other beneficial uses with the Cities of Boynton Beach and Delray Beach and other entities within those Cities desiring to use reclaimed water upon approval of each City for the delivery of reclaimed water te within each City at a location determined by the BOARD". 2. Subsection 6. Reclaimed Water, of Annex I, Allocation of OperatinQ Costs, of the Interlocal Agreement is hereby amended in its entirety to read as follows: 6. Reclaimed Water: It is agreed that the disposal of effluent in a cost- effective and environmentally responsible manner is appropriate and necessary for the operation of the Regional Facility, and in that regard, the BOARD shall be authorized to enter into contracts with the Cities of Boynton Beach and Delray Beach, respectively, for the delivery of up to fifty percent (50%) each of the effluent produced and treated by the Regional Facility to the standards required by the Florida Department of Environmental Protection for the utilization of such Reclaimed Water for irrigation and other beneficial uses provided however, the Board may also enter into contracts with third parties to use the reclaimed water effluent if authorized by each City and in an amount authorized by each City. The Charge to each City shall be in accordance with a formula approved by the Board each year. The revenues received from the sale of such Reclaimed Water by the BOARD to the said Cities shall be applied to the operating budget of the BOARD. Notwithstanding any provision herein to the contrary, the Cities of Boynton Beach and Delray Beach shall be entitled to temporarily or permanently assign a portion of their allocated 50% share in the Reclaimed Water effluent to the other City, subject to the parties entering into an Interlocal Agreement with respect thereto and providing the BOARD with a certified copy of the same. 3. This Amendment shall become effective upon ratification by a majority vote of each City Commission. 4. This Amendment shall be filed with the Clerk of the Court in the Fifteenth Judicial Circuit in West Palm Beach, Florida. 5. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Agreement. RESOLVED this _ day of 200 by a vote. Chairman Attest: Secretary Approved as to form: By: Board Attorney The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the aoting action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement ATTEST: ~'" \ \:. t\ (.,., ' "~~-,~. ~0~.r':') City Clerk Approved as to form: l', . f........ t\. \.. L_..:.~:'.~ --.- J\.,:,City Attorney ATTEST: ."c", "'," ,-'...,..........,...-..,..:.:.,..;., ..<:-.,::,.........- Y) ~L " . :-""";.<.&',":? "'.:,':":.-' '. :~IJ,{OF BOYNT?~BEACH, FLORIDA >.1'\1.. L1~17:~/ .,. ...... // May f ! / I , \!I H:\199Q\900182.BB\AGMT\Sixth Amendment to Interlocal A9reement SCRWTDB VER2.doc Ros - lClB RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17,2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17, 2005, by a vote of 7-0, to enter into contract with Interstate Engineering Corp. in the amount of $1,489,000.00 to construct a 3 million gallon reuse water storage tank, associated piping and pumps. Cost to be split 50/50 from each city's capital fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of j)eeeMber , 6loe5, by a S-n vote. CITY OF BOYNTON BEACH rt~~ Attest:(J};:{ 'n}. ~ Ci Clerk By: ~05-lqB RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17,2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17, 2005, by a vote of 7-0, to Authorize Chairman to enter into contract DG061158 with South Florida Management District for reuse project in the amount of $1,493.590.00. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW. THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is htebY ratified in open session by the City of Boynton Beach this -.ft:L day of De~tDM e..tI , ~OOS , by a 5-0 vote. CITY OF BOYNTON BEACH By: ~.;r7~ {payor . Attest: ~ Yr1. p~ L::JY clerk Approved as to form: U~ ~~ 9i'~y Attorney SOUTH FWRIDA WATER MANAGEMENT DISTRICT Exhibit G.10. 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . wwwsfwmd.gov October 13, 2005 Mr. Robert J. Hagel, P.E. South Central Regional Wastewater Treatment And Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 OCT 1 7 Z005 Dear Mr. Hagel: Subject: Contract # DG061158 100% REUSE PROJECT Enclosed are two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization, and include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Paragraphs 4.3, 4.4, 4.5, 8.9 and 8.10 have been added to the contract since the request for projects was sent out. The date in paragraphs 4.1, 8.8 and 8.11 has been changed from July 1, 2006 to August 1, 2006. Please return both copies to my attention as soon as possible, but no later than November 30, 2005. Since the contract terminates on September 30,2006, the executed documents need to be returned to my attention as soon as possible. If the contracts cannot be executed and returned by November 30, 2005, please notify me promptly via email or fax. A fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. ~~ely, ernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682-6378 (561) 682-5587 (fax) BH/sm Enclosures c: Jian Cai, MSC 4360 GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair lrela M. Bague, Vice-Chair Pamela Brooks-Thomas Alice J. Carlson Michael Collins Nicolas J. Gutierrez, Jr., Esq. Lennart E. Lindahl, PE Harkley R. Thornton Malcolm S. Wade, J1'. Carol AIm WeWe, Exewtive Director ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: South Central Regional Wastewater Treatment & Disposal Board Recipient's Project Manager: Robert J. Hagel, P.E. Address: 1801 North Congress Avenue Delray Beach, FL 333445 Telephone No: (561) 272-7061 Fax No: (561) 265-2357 SFWMD Project Manager: Jian Cai Telephone No.: (561) 682-6690 Fax No.: (561) 681-6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682-6378' Fax No.: (561) 682-5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Insurance: NotA licable Federal Employer Identification Number: 59-1678149 Project Title: South Central Regional Wastewater Treatment & Disposal Board - A WS FY2006 Description: 100% Reuse Project Agreement No. DG061158, Page 1 of9 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 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 Statement of Work Schedule of Deliver abIes Reporting Form ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this. Agreement, and shall terminate on the date noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence III the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, Agreement No. DG061158, Page 2 of9 including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for the construction activities described in Exhibit "A". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Schedule of Deliverables", attached hereto as Exhibit "B". On or before August 1, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" ofthis Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682-2643, alarenas(CV,sfwmd.gov or Emily Richardson (561) 682-6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update/status reports by December 1,2005; February 1,2006; April 1, 2006 and June 1,2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the project. Agreement No. OG061158, Page 3 of9 ARTICLE 5 - CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E- 7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terininate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in Agreement No. DG06t158, Page 4 of9 the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. DG061158, Page 5 of9 ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the 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 ofthis project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1,2006. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2006 addressing the following issues: (1) accounting of reclaimed water usage and method used Agreement No. DG061158, Page 60f9 (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August 1, 2006. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of th.e Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. OG061158, Page 7 of9 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 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 will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out ofthis award will require prior District approval. Agreement No. OG061158, Page 8 of9 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections and 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005-291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) S~D Procurement Approved: /, '. ./ . I' ". " By:;Ltq/,z ';r.&.._dfc,~ ~/U"J[.t..,t--r--' I . l Date: 11,0(,1 /CJ:{ / / SFWMD Office of Counsel Approved: By: Date: Recipient's Legal Name: Sou th Cen t ral Re giona 1 Was t ewat e r lreatment & c!Jlsposal Board By Authorized Official: 11/~ Co ~. {/v'-tl"->.- II Title: Chai rman Date: November] 7, 2005 Agreement No. OG061158, Page 90f9 EXHIBIT "A" STATEMENT OF WORK Cities of Boynton Beach and Delray Beach 100% Reuse Project Brief Project Description: The Cities of Boynton Beach and Delray Beach are seeking to build additional wastewater treatment infrastructure to allow for complete reuse of their wastewater effluent, and reduce or eliminate their need to discharge to the Atlantic Ocean. Wastewater treatment and disposal for the Cities of Boynton Beach and Delray Beach is handled through a regional municipal wastewater treatment authority named South Central Regional Wastewater Treatment & Disposal Board (SCRWT&DB). The SCRWT&DB lies within the Lower East Coast area of the South Florida Water Management District's (SFWMD) boundary. SCRWT&DB has a combined service population of approximately 125,000 residents. SCRWT&DB currently operates a 24-mgd regional wastewater treatment plant 0NWTP). The facility was built in 1979, and treats all of the wastewater produced by both Cities with disposal of the treated wastewater effluent via a 30-inch outfall to the Atlantic Ocean. In 1998, the SCRWT&DB added 10-mgd of effluent reclaim water quality capability to the WWTP. Today, that 10 mgd reuse stream is completely utilized for irrigation purposes. Under this Project, SCRWT&DB will be enhancing the WWTP process to produce 100% reclaimed water. SCRWT&DB's goal is to have 100% of the reclaimed water available for reuse, thus minimizing use of potable and fresh water resources for irrigation, and reducing or eliminating discharge of secondarily treated wastewater to the Atlantic Ocean. Exhibit "A" to Agreement No. DG061158, Page 1 of 1 EXHIBIT "B" SCHEDULE OF DELIVERABLES Total payment by the District to South Central Regional Wastewater Treatment & Disposal Board shall not exceed the amount of $1,493,590.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1, 2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update/status reports by December 1,2005; February 1,2006; April 1, 2006 and June 1,2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emails, memos, and letters. 1 Status Report N/A December 1, 2005 N/A 2 Status Report N/A February 1,2006 N/A 3 Status Report N/A April 1, 2006 N/A 4 Status Report N/A June 1, 2006 N/A 5 Furnish and deliver transfer August 1, 2006 N/A $1,493,590.00 pumps, filters, electrical equipment, and on-site N aOCl generation equipment 6 Annual Status Report N/A September 30, 2006 N/A TOTALS~DPAYMENT $1,493,590.00 Exhibit "S" to Agreement No. OT061158, Page 1 of 1 EXHIBIT "e" REPORTING FORM Project Summary Final Report - FY 2006 Project Name Project Manager SFWMD Contract Number Project Owner Describe Project constructed: Type of Alternative Water Supply Quantity of Water Made Available (MGD U on Com letion of This Phase Construction Duration Pro osed Actual Start Finish District fundin $ $ Local funds Other funding source $ $ From: $ $ TOTAL Attach map and photoes) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "COO to Agreement No. DG061158, Page 1 of 1 K05"-IQ B RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17, 2005, by a vote of 7-0, to Authorize Chairman to accept Hazen and Sawyer's work order 06-001 to provide consulting services in the amount of $26,908 for reclaimed water distribution system hydraulic model. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above aqtion is hereby ratified in open session by the City of Boynton Beach this ~ day of Vc:ce..mbe.I , ~005 , by a 5-0 vote. CITY OF BOYNTON BEACH By: ^5~/;;-:::~J~1 rill.~ Exhibit G.12 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CONSULTING SERVICES WORK ORDER NO. 06-001 WORK ORDER NO. 06-001 CONSULTING SERVICES: RECLAIMED WATER DISTRIBUTION SYSTEM HYDRAULIC MODEL. BACKGROUND The South Central Regional Wastewater Treatment and Disposal Board (SCRWT&DB) operates a 24.0-million gallon per day (MGD), complete-mix activated sludge wastewater treatment facility primarily serving the cities of Boynton Beach and Delray Beach, Florida. Reuse water is provided to six local golf courses for irrigation and used as on-site plant service water. Approximately 5 MGD of reuse water is currently produced and distributed on an annual average basis. An additional 1 MGD of reuse is used on site for plant process and irrigation purposes. The remainder of the plant flow is disposed through an ocean outfall located nearly one mile off the coast in approximately 90 feet of water in the Atlantic Ocean. It is the ultimate goal of the SCRWT&DB to achieve a reclaimed water system of 100% of its permitted wastewater treatment capacity (24 MGD). Reclaimed Water System Master Plans for the City of Boynton Beach and City of Delray Beach identified potential new reuse customer demands associated with the new services and proposed schedules of improvements to the reuse water distribution system. Additional build-out reuse demands of 7.7 MGD and 14.7 MGD were developed for Delray Beach and Boynton Beach, respectively. Projected demands over the next (approximate) five year period (near future) establishes an additional 4 mgd average flow of reclaimed water will be required. As a first step towards meeting near future demands and reaching their goal of 100% reuse, the reclaimed water system will be expanded to handle an average flow of 10.0 MGD and a peak flow of 20.0 MGD. In order to understand the impacts of these expected future demands on plant storage and distribution pumping systems, the development of a reclaimed water distribution system hydraulic model has been proposed by SCRWT&DB staff and is the focus of this Work Order. The model would be developed and calibrated based on existing pumping and conveyance facilities, current demands and empirical pressure measurements. SCOPE OF SERVICES The Scope of Work described herein is to develop, calibrate and run a reuse distribution system hydraulic model. TASK 1 -- DEMAND ANALYSIS AND PEAKING FACTOR CONSUL T ANT shall develop a list of distribution system data needed for hydraulic model development and analysis. CON SUL T ANT shall coordinate data collection effort with SCRWT&DB staff . Boca:SCRWTDBPrsopC015.doc:11-0B-05 Page 1 of 5 CONSULTANT shall collect distribution system data from available sources including high service pump curves, storage tanks dimensions, pipe lengths, diameters and materials, maps, GIS data, as- built drawings, water consumption (billing database), operation schedules, etc. CONSULTANT shall spatialize all records in the SCRWT&DB'S reclaimed water billing database, creating a GIS point layer which specifies the geographic location of each account. CONSULTANT shall calculate the water demand for each mode! node based on spatialized SCRWT&DB reclaimed water billing records. CONSULTANT shall develop evaluation criteria for pipe network velocities, peaking factors, and headloss factors, etc., to be used in the hydraulic model. CONSULTANT shall obtain SCRWT&DB staff concurrence regarding selection of required modeling factors. CONSULTANT shall obtain (from SCRWT&DB staff) system data including operating flow rates and pressures, elevations, dimensions and reclaimed water storage tank fill schedules at SCRWT<<$,DB'S wastewater treatment plant. CONSULT ANT shall base future (2015) demand on the SCRWT&DB'S, City of Boynton Beach and City of Defray Beach projections. CONSULTANT shall distribute demand evenly to each distribution model piping network node within each land-use area. CONSULTANT shall assume 2015 demand in currently developed areas (not expected to redevelop) will remain at 2004 levels. TASK 2 - MODEL SETUP CONSULTANT shall construct and configure the hydraulic model using data collected in Task i. CONSULTANT shall set and verify pipe lengths, diameters, friqtion coefficients and elevations used in the base model. TASK 3 M MODEL CALIBRATION CONSULTANT shall develop a list offield pressure data locations forthe collection of information to support model calibration. CONSULTANT shall coordinate field pressure data collection efforts with SCRWT&DB. CONSULTANT shaJI develop a plan for collection and compilation of field pressure data at select locations in the distribution system. These data shall be used to compare initial model predicted hydraulics with observed and measured system conditions. SCRWT&DB will actually collect the field data. CONSULTANT shall run the model prior to hydraulic analysis scenario runs using base condition data. fiesults shall be compared with data collected to establish a level of confidence in the model's predictive capabilities. CONSULTANT shall test the model for sensitivity to the headlass factor "C" coefficient used. Comparative modeling runs shall be performed for three flowrate conditions utilizing two different C Boca:SCRWTDBPrsopC015.doc:ll-0B-05 Page 2 of 5 coefficients. CONSULTANT and SCRWT&DB staff shall mutually decIde which conditions shall be utilized for the analysis. TASK 4 . SCENARIO ANALYSES Using the calibrated model, CONSULTANT shall analyze the existing reuse transmissi.on and distribution system with the addition of proposed development projects and/or probable solutions to known hydraulic problems, to define their impacts on system capacity and performance. The model runs shall include: maximum daily flow and peak hour flow, for both existing and future (2015) reclaimed water demand conditions. CONSULTANT shall identify specific capacity issues (high service pumps, pipe diameters) in the system that might result from localized changes in future reclaimed water demand. CONSULTANT shall identify and evaluate up to four (4) alternative improvement projects to correct system deficiencies or meet future system expansion requirements. TASK 5 . SURGE ANALYSES CONSULTANT shall select surge protection devices and methods to ensure safe system operation. CONSULANT shall use the surge model to verify the efficacy of selected surge safeguards. CONSULTANT shall develop a surge analysis computer model using Surge 2006 (Bentley) based on the steady state model developed in Tasks 2 and 3. CONSULTANT shall identify potential surges associated with distribution system modifications evaluated in steady state hydraulic analysis scenarios. TASK 6. MEETINGS: CONSULTANT shall meet with SCRWT&DB staff to identify data sources and review the results of the evaluation. Two (2) meetings are planned. TASK 7 - TECHNICAL MEMORANDUM: CONSULTANT shall summarize results of this evaluation in aT echnical Memorandum report (four copies of a draft and four copies of the final memorandum report will be provided). SERVICES PERFORMED BY SCRWT&DB STAFF The following assistance is anticipated from SCAWT&DB: 1. SCRWT&DB shall provide coordination and access for CONSULTANT to collect existing reclaimed water system physical data. Boca:SCRWTDBPrsopCO 15.doc:11-0B-05 Page 3 of 5 2. SCRWT&DB shall provide coordination and access for CONSULTANT to obtain design and operations data for the high service pumps serving the reclaimed water system. 3. SCRWT&DB shall provide customer billing database in electronic format which includes, at minimum, the following information for each reclaimed water customer: a. Account Number b. Name c. Service Address (number, direction, street name, city, state, zip code). d. . Account Type (residential, commercial, mixed use, hydrant) e. Monthly Usage 4. SCRWT&DB shall provide operations assistance to accommodate collection offield data including flow rate and pressure/elevation data. SCRWT &DB shall install pressure measuring and flow devices as needed. 5. SCRWT&DB shall provide input regarding selection of modeling factors. 6. SCRWT&DB shall provide estimates of build-out demand and customer locations. 7. SCRWT&DB shall provide copies of all available existing reclaimed water distribution system atlases, in both paper and electronic (GIS and AutoCad) formats depicting the following information: a. Pipe length b. Pipe material c. Pipe diameter d. Year of installation e. Valve diameter 1. Meter diameter ASSUMPTIONS The Scope of Work described herein is based upon the following: 1. WaterCAD Software Version 7.0 by Haestad Methods shall be utilized as the platform for the model. COMPENSATION The SCRWT&DB agrees to pay CONSULTANT $26.908 for the Scope of Services to be invoiced under the payment terms and conditions of the CONTRACT. An approximate breakdown of the fee is detailed in Attachment A. Boca:SCRWTDBPrsopC015.doc:11-0B-05 Page 4 of 5 The CONSULTANT may not commence work on any Work Orders approved by the SCRWT&DB without a further written notice to proceed. Approved by: 'I- /~ r. 9L-'i~ SGRWT&DB: CONSULTANT: Date: November ) 7, 2005 Date: Attest: Gary W. Bors, P.E., Vice President Albert Muniz, P.E., Vice President Reviewed by: Boca:SCRWTDBPrsopC015.doc:11_0B_05 Page 5 of 5 e:( I- Z w :i J: U e:( l- I- e:( > 0: e:( :i :i ::J en J- w " o :J m ........ I I' I II 1',11 I I lei j'l! II Ie :'::::::::'::::: ; , ~; i ~ i ! II~ I' i~: g 0; I ,I,;! - - --+.- --~-t-II.;; 1$ I I ~! ~ I " I I), ~ ~i I I~;!,' ,I! r ! i ::::::':':':':': I I $1 $ 1 ,I~ I I~, ~ ~I 11$1 II I, ,: ! 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I all ~ ,(!!.! 1 Hili H 1.1 I H 'I H , I H I H II~ I j :::::::::::::~ .............c. <>>i ::::::::::::::;a: :::::::::::::;.e: . .... .... :~!I~ ......... i:!'!!!-!~i~i ,.. o o I to o 0: W C 0: o ~ 0: o s: (/) w C,) :;: a: w en Ci z ~ -' ::J en Z o U " ~ a: w w z - G z w ~,~ : ::::::ti>: ....,.:..(j.<1>. ,', .c...~."':"'". :~: ~~~:~:~: ..... .... .:.-:-:.:-:.~ ....... .. ......- -. :~ii ......... ::::::::::::::[ ........- nl .:j~!(~~!i '" :; o :r: iO o I- iO '0 ii I- '0 :: I- .. ti ~ .. c. 0' J'j Q: ~ o .Q .. -' i: .!!J :; VI C o U .Q :J Ul Iii '0 11l .Eli) :J 0 ent) ~ o .Q .. -' 'ii'i '0 :c :J en o 0 .0.0 jj iO '0 I- co o C> cD '" II> :g c ~ ~ - >- "- o OJ l>> ~ ~ ~ .f Qj ~ :;, en ~ :g ~ .E '5 ~ :F ~ r:: ~ (I) o II: Q. iii ~ 5 ~ 0: R05-IQ8 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17, 2005, by a vote of 7-0, to enter into agreement with Florida Water Environmental Association Utility council to allow NOAA to perform dye tracer study on the Gulfstream Reef in the amount of $189,000.00. Cost to be split 50/50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of beceM be.r ,aeo5" , by a 5- 0 vote. CITY OF BOYNTON BEACH By: Attest: ~proveda~~~ Jrs* ty Attorney ROS-IClS RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF NOVEMBER 17, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on November 17, 2005, by a vote of 7-0, to authorize modification of Hazen and Sawyer task order 04-061 for reclaim expansion in the amount of $97, 760 increasing the total task order amount to $537,760 to be split 50/50 from each City's capital fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above aC(tion is hereby ratified in open session by the City of Boynton Beach this ~ day of D~.rp mbei , da>S- ,by a S- D vote. CITY OF BOYNTON BEACH By: Approved as to form: A4S~~~ AGENDA G 6 -:.,~; '. ':"'"'C' [;:: 'b M 11! ,.t~ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CONSULTING SERVICES WORK ORDER 04-001 AMENDMENT NO.1 DATE: WORK ORDER NO. 04-001 AMENDMENT NO.1 FOR CONSULTING SERVICES: Additional engineering, permitting, and bidding services for improvements to reclaimed water system. BACKGROUND , , Hazen and Sawyer (Le., CONSULTANT) is providing the design of abulksodiumhypochlorite disinfection system to replace the gas chlorine system currently'used at theWWTF as part of SCRWT&DB 6-MGD Reuse Expansion Project which is currently underway, Due to the recent significant price increases associated withbulksddilH'nhypochlorite, facility staff requested an investigation into an on-site sodium hypochlorite genera~ion(c:m"'sjte) system in lieu of a bulk sodium hypochlorite (bulk) system. Additionally;. facility staff requested a present worth/payback analysis be performed for an on-site geheration:systemand a bulk system to assist in determining what type of system to incorporate intothereuse'e)(pansion design. After reviewing the present worth analysis, facility staff directed CON$ULT~/$JT to design an on-site sodium hypochlorite generation (OSG) system for inclUsion inthe reuse expansion project. Services provided under Work Order N~.94-001 we,..e,f)ased on the development and preparation of a single bid package for the entirE!Jprbposed r~.8'aih1ed water system expansion project. To provide new customers within the City of Delray Beach reuse water by their anticipated target date, the design portion of the current ,reclaimed water system expansion that extends the distribution pipeline to the southfor conl')~()tif.)9;!t~;:pelray's pipeline project was designed separately from the rest of the projecta~9~tpis bid pa()~a9:erwassubmitted for a cost proposal from Chaz Equipment Co. (Chaz), the Cityof~lDelr?*.Beach'S:;SBfl!factor awarded the City's Area 1 Reclaimed Water System project. The 30"ihqft..eistribution linewn'ich serves off-site customers located within the City of Delray Beach was complet~d,tested and'placed into operation under the supervision of Hazen and Sawyer. . In additiontbthe distributiOn line extension, facility staff requested that a three million gallon reclaimed:sforage tank, two distribution pumps and modifications of the Return Activated Sludge pipeline bedesign~('J.and bid separately from the rest of the reclaimed water system expansion to minimize tlieirnpacts'of additional reclaimed water demands by the City of Delray Beach over the next year. Athird bid package was prepared for a reuse filter supply piping project that was advertised and bid in July 2005. H&S provided design and bidding services to prepare this separate bid package. SCOPE OF SERVICES The Scope of Work described herein is to provide additional design, permitting, and bidding services for the expansion of the reclaimed water facility. Specific project elements include:' Boca:SCRWTDBProspC014:10_05-05 Page 1 of 8 1. Replacement of the existing gaseous chlorine system with an onsite generation of sodium hypochlorite (NaOCI) system for use throughout the WWTF, including reuse disinfection. 2. Additional design, bid and construction management for the bid package of a 3D-inch distribution line extension to serve as the reclaimed water distribution for the City of Delray Beach including all structural, electrical and instrumentation work. 3. Additional services design and bidding services for a bid package that includes a three million gallon reclaimed water storage tank, two distribution pumps and variable frequency drives. 4. Additional design and bidding services for the bid package.thatincludes the 36-inch Filter Influent Supply Pipeline. . 5. Additional design services associated with the modification of PlantA and B Aeration Tank Retum Activated Sludge piping. TASK 1 - DESIGN The CONSULTANT and SCRWT&DB shall confirm/devel0p,criteriafor the following design aspect of the project prior to commencing with final design: 1. Design of C?n onsite sodiull1h~Po(ml~pte generation system, metering pumps and piping distribution systel]1Te~uired tqtCpJ},vert from a chlorine gas system to a sodium hypochlorite system. " ,,-. 2. Design of a sePCl'r~tE! bid package for the 3D-inch distribution line to serve as reclaimed wateR~dJ~t~it)L1tion to serve off-site customers located within the City of Del~~~",Bea eM' "~~?i~;':;:";.: >" "',--.>';'-:::...:.:,'.. .....".;.,:;...-,':,. ,.-.-;.,.,." ,.......,--,-... ',.' 3.besi~flj~t.~:separatej~i(1"package for the RAS pipeline modification to allow flexibility inae~atior:t'~r,K process control. The bid package also includes a three million gaUbi1storqg~ttarJk and distribution pumps with variable frequency drives. ,.'_n ,;~;- "-<'-.::.-..". 4. Design oLai;s'eparate bid package for the 36-inch pipeline to deliver secondary effluent from Plant "A" to existing filters (Filter Influent Supply Pipeline). CONSULTAN:]:"<snaIJ'work in close cooperation with SCRWT&DB staff and shall conduct design review meetihgsWith staff during the preliminarf design period. Upon completion of the preliminary design review, CONSULTANT shall proceed with the preparation of the final design contract documents for the construction of the proposed improvements and appurtenances. CONSULTANT shall prepare contract documents for three additional bid packages as summarized below: E?oca: SCRWTDBProspC014:1 0-05-05 Page 2 of 8 1. Distribution Line Extension 2. Filter Influent Supply Pipeline 3. Three million gallon Storage Tank, Distribution Pumps and RAS Pipe Modifications Contract Documents shall include the following: invitations to bid, information to bidders, bid forms, contract agreement forms, general conditions, special conditions, and technical specifications. The technical specifications shall be prepared in accordance with the division format of the Construction Specifications Institute. CONSULTANT shall provide a detailed final cost opinion based upon the. completed final design drawings and contract documents as approved by the SCRWT&DRThe costopinion shall reflect changes in general scope, extent or character of design requirementsihcorporated during the various design review stages. TASK 2 - PERMITTING AND BIDDING SERVICES CONSULTANT shall provide technical criteria, written descriptions, and: design data in completing applications for additional permits with or obtaining approv9.!s,:2tsuch governmental authorities as have jurisdiction to approve the design of the project. CON8tJLm~~lE~~all prepare and submit, on behalf of the SCRWT&DB, construction permit applicatjons;and';"8'Jn;./:$:qt;ljt~. d.""support documentation to the appropriate regulatory agency. CONSULTANT snail assist1ff;j~Y~~~WT&DB in consultations with the appropriate authority, including the attendanceaf,onereview,:meeting. . -, -- -,., ..n_, _.:. .::__., CONSULTANT will provide bidding services for th~jJoH8Wing additional bid packages prepared as part of the reclaimed water system expansion: 1. Distribution Line Extension ,..,-'.:.--.,:'-......::..:.:'... 2. Filt~rlnfluent'S'6R~J~f?i~peHne 3.Three:rriH/~l:lgallon.Storage Tank, Distribution Pumps and RAS Pipe Modifications ?: '-.'- ,~.-: ",; ..^ CONSULTANT wilJfl;/rrii$l:t:~!€J~.ir:lg services as described below: ~. ..... ,- ';~'.7.'. 1. CONSUL ' ...IT will issue copies of the bidding documents and maintain records of all plan ho/tlers. CONSULTANT will furnish Contract Documents to a maximum of thre.epJan rooms, as designated by SCRWT&DB. 2. CONSULTANT will respond to bidders' inquires and prepare addenda necessary to clarify the bidding documents and distribute to all plan holders of record. 3. CONSULTANT will attend one pre-bid conference. This Task also includes conducting a single visit to the site of the work with prospective bidders. 4. CONSULTANT will attend one bid opening and prepare bid tabulation for all bids received. Boca:SCRWTDBProspCO 14: 1 0-05-05 Page 30t 8 5. CONSULTANT will attend meeting(s) with SCRWT&DB to review the acceptability of subcontractors, suppliers, equipment and other information submitted by the apparent low bidder. CONSUL TANTwill also consult with SCRWT&OB conceming the acceptability of substitute materials and equipment proposed by the apparent low bidder. 6. CONSULTANT will review the submittals of the apparent low bidders. CONSUL TANTwill evaluate and provide written recommendations to SCRWT&DB for award of a construction contract. TASK 3 - RESIDENT PROJECT REPRESENTATION The CONSULTANT shall provide a Resident Project Representativec(RPR}cof"Fa;pari-timebasis for the duration of the construction project of the 3D-inch djstributionpipeline;toi;t~~rQiMofDelray to observe construction and monitor work as needed, 'c The RPR shall perform the following tasks: 1. Serve as a part-time construction liaison with the ContfCl(Jte~"(i.'e., when requested by SCRWT&OB's staff) working principallyctl1f;ough Contractor's superintendent and assisting him in understanding the inteJ1l't(W~'l~Elqonstruction contract documents. ,;:,-'<: ~:'::""'-:-<.>:._' ,'<<.,. 2. Assist in obtaining from SCRWT&DB additiiD!;t~lZGletaifs or information when required at the job site., .,.. - ."'", '. .-.,,-:::-,- , . . 3. Conduct on-site observ~tio/msbfth~;;,^,,~'FK!jn progress to assist in determining if the work is proceeding in 87;cordance ,^,it~itne construction contract documents and that completed work will conform with tne' construction contract documents. Reportto Contractor when~;\fElR'RPR believes that any work is unsatisfactory, faulty, or defective or dq .'c ',nform to the construction contract documents, or does not me~tltl)~ requir, -:f)~ny,inspections, tests or approval required to be made, or ha:s",!5'~:i"ciama~f< Jf'to final payment; and advise CONSULTANT, Contractor, an' ,&OB w, ,.JRPR believes work should be corrected or rejected. Advise Cont~ . mediatE?ly of the commencement of any work requiring a shop drawing orsam~, ',j::;sibn if the submission has not been accepted. Visually inspect and review s i'o/' and method of storage of materials, equipment and supplies delivered tc1lisfuhstruction site. 4. . ReceiVElFand review measurements and notations on the plans from the Contractor as,reElci'ired to show field changes in construction and "as-builf' conditions and supplement with information from on-site observations. 5. Before issuance of a determination of substantial completion, prepare a list of observed items requiring completion or correction. Participate in substantial and final inspections. 6. Coordinate with SCRWT&DB and Contractor necessary shutdowns and interruptions of facilities if needed. Boca:SCRWTDBProspC014:10-05_05 Page 4 of 8 7. Resident project representatives: a) Shall not undertake any of the responsibilities of the Contractor or subcontractors. Shall not advise on or issue directions relative to any aspect of the means, method, techniques, sequences, or procedures of construction unless such is specifically called for in the construction contract documents. b) c) Shall not advise on or issue directions as to safety precautions and programs in connection with the work. d) Shall not approve interruptions or modifications of S0RV\fT&DB facilities. e) . ..-.....,...." ", Shall not attest to the acceptability of work completedp}';t.fre,ContractoriNhen . . c,.,-_-_,-',':: _ not present at the project construction site. ...... <> -. ASSUMPTIONS The Scope of Work described herein is based upon the following: 1. SCRWT&DBshall provide copies 9fBajf~i@~~lIableexisting as-built construction drawings for those facilities involved iii),t~~;;~@fk._~eSCribed herein to employ. a.s a design drawing base for the prop~sed w.(i)tkiJ'~'q~@nizing that the SCRWT &DB can not guarantee the acc~racy of~~E;\f.1r~\lVingsJOrsubsequent reuse, CONSULTANT shall verify critical dimensiol"1st~9Wiprn~f1(and piping orientation, spare electrical and control conduit availa - -Cthrqlii - eld observation and measurement. CONSULTANT shall a~Jr.fbase dfral' s as necessary to reflect the actual as-built dimensions of critical~lements. 6. 3. 2. ")de excavation equipment and labor upon request of the ~€I~underground piping, valves, conduit'and appurtenance -, ;:!ZI'~m.easurement of buried items. . .:' ;'- ';,'.,';;!.,~ ")':'-.'_:'_'~'>' r.o "ball P.Elvfor the FDEP permit and building permit application and filing ,~, ,_, (Jf this project. -:,,;,:':i{;~i;;:7:,:t't:>-~:~.:/' . 4. <:'.,:t-~:',::>~-:'i:-\_' PLC progra~ming and system integration of the new facilities into the proposed Intellution,'operating system software is not included in this Work Order Amendment. ,A\htlJe"l"equest of SCRWT&DB, programming and system integration may be ifl~I~i1l~d as additional services provided under an additional Amendment to this W6fk Order. 5. Construction phase engineering services for projects other than that identified under Task 3 herein are not included in this Work Order Amendment. Engineering services during construction may be included as additional services provided as an additional Amendment to this Work Order. SCADAfHMI development and startup services associated with the reuse expansion as well as HMI application installation and conversion services (Wonderware Factory Boca:SCRWTDBProspC014:10-05-05 Page 5 of 8 Suite 7.1 to G.E. Fanuc iFIX 3.5) is not included in this Work Order Amendment. These services may be included as additional services provided under an additional Amendment to Work Order 04-001. Boca:SCRWTDBProspC014:10-05-05 Page 6 of 8 COMPENSATION Proposed labor costs and associated expenses for engineering services included in Work Order 04-001 Amendment NO.1 are detailed in Attachment A. Task 1 - Final Design Task 2 - Permitting and Bidding Task 3 - Construction Management Subtotal Expenses TOTAL Boca:SCRWTDBProsPc014:10-05_05 Page 7 of 8 $ $ $ $ $ $ 67,880.00 21,620.00 7,560.00 97,070.00 7aO.00 97.700~OO The CONSULTANT may not commence work on any Work Orders approved by the SCRWT&DB without a further written notice to proceed. Approved by: )I..~ (. ~Pl"'-' SCRWT&DB: CONSULTANT: Date: M i keF e r gu son Date: Attest: t:t4! Gary W. Bors,RE, Vice President Albert Muniz, P.E,ViceBresident Reviewed by: Boca:SCRWTDBProsPC014:10-05_05 Page B of B r- ~ 0 'a z I- Z ~ W ~ Cl Z W ~ <( ~ 0 0 > :c 0:: <( ~ ~ ~ U :) !E en l: l- ) W ~ G Cl ~ :) aJ. I '''It o o Z 0:: W Cl 0:: o ~ 0:: o ~ en w u > 0:: w en C> z ;:: -I :) en z o u C> Z Ct: w w z - C> Z W ~ I 0 ~I 00 0 0 '<t r1j~ 0 (X) <0 6 ~I N N ... ... i ~ 0 0 0 0 , 0 ~ '<t '<t '<to '<t N ON '<t N N ...... to N <0 to ll) LO ... ~ 0 0 0 , 0 n} :,/cu~ [l~J T><~::~ I -:',:.0: ::>"~ l~;j -J~j f.iJ ~ a:.'Ql.:-., ~ g::~< .!,!, o:-:W.',.. ~. .'-'.'-:.~. r]~ ,'. "."'.'.:,,:, ::~ ~:l? \ ft~:4 if J!U!~1 I II 0 I I j I 0 11 " I '<) I 0 I <::> 0 I' I 0 <::> ll) lD ~ ~ " ~ ". I~ ; 0 '" ,... ~I <0 II> 0 o. 0 <0 " N ~ 0> <0. 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CIl Cl ~ ~ Iri Q c:i ., 0) Q g af ... Ql ~ ::l !XI .... o 2: ~ ~ ~ E q; .. !!l .. 0: "& .Ii ;;; <::> 'i' II) ~ ~ o City Clerk's Office MEMORANDUM TO: Robert Hagel Executive Director FROM: JANET P. PRAINITO, CITY CLERK City of Boynton Beach DATE: December 13,2005 RE: Ratifications- Resolutions # R05-196, R05-197 and R05-198 Attached please find two originals of each of the above mentioned ratifications that were approved at the City Commission meeting held on December 6, 2005. Please return a fully executed document to me for our records. Please contact me if you have any questions. Thank you. ~ Yn. g~ Attachments: ..... SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD City Council Members of Boynton Beach & Delray Beach Telephone (561) 272-7061 (561) 734-2577 Fax; (561) 265.2357 www.scrwwtp,org MEMORANDUM " - , TO: Janet Prainito City of Boynton Beach r...." FROM: Robert J. Hagel Executive Director l:~ .... , .":--j-j -:;:;"'1 1. _'"":"::- , . ',- ) DATE: November 22, 2005 RE: Ratifications Attached are the Ratifications from the Quarter Annual Meeting of November 17, 2005, which require signatures. Would you, please, place these on the Agenda for your next Commission meeting? Thank you. Authorization to enter into agreement with Florida Water Environmental Association Utility council to allow NOAA to perform dye tracer study on the Gulfstream Reef in the amount of $189,000.00. Cost to be split 50/50 from each City's Capital Fund. Authorization for the Chairman to sign the Reclaimed Water Flow Easement Agreement with Boynton Beach. Authorization to approve modifications of Sixth Amendment to Interlocal Agreement. Authorization to approve modification of Hazen and Sawyer task order 04-061 for reclaim expansion in the amount of $97,760 increasing the total task order amount to $537,760 to be split 50/50 from each City's capital fund. Authorization to enter into contract with Interstate Engineering Corp. in the amount of $1,489,000.00 to construct a 3 million gallon reuse water storage tank, associated piping and pumps. Cost to be split 50/50 from each city's capital fund. Janet Prainito November 23,2005 Ratifications Page Two Authorization Chairman to enter into contract DG061158 with South Florida Management District for reuse project in the amount of $1 ,493.590.00. Authorization for the Chairman to accept Hazen and Sawyer's work order 06-001 to provide consulting services in the amount of $26,908 for reclaimed water distribution system hydraulic model.