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HomeMy WebLinkAbout2018-183Contract# YRL2018-01 Encumbrance# GL01. -1707 AGENCY COST -SHARE AGREEMENT BY AND ]BETWEEN THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE WEST WABASSO PHASE II SEPTIC TO SEWER (PROJECT THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("the Council'), whose address is 1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY, whose address is 180127` Street, Vero Beach, Florida 32960 ('Recipient'). All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. The waters of the state of Florida are among its basic resources, and the Council has been authorized by the United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National Estuary Program. __ _Pursuant to. the_IRL._Council Interlocal Agreement,.the_.Council_is-responsible_for______ managing the Indian River Lagoon National Estuary Program. The Council has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the management of the water resources of the Indian River Lagoon. The parties have agreed to jointly fund the following project to benefit the water resources in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter "the Project"): Project description: The objective of this project is to construct a septic to sewer project, which will reduce the nutrient discharge to the Indian River Lagoon. The estimated nutrient -load reduction benefit is 3,131 lbs./yr. of Total Nitrogen.. In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the following terms and conditions. 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2019 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Recipient shall commence performance within seventy-five (75) days after the Effective Date and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this Agreement, including any time extensions: Notwithstanding specific mention that Page 1 Contract# IRL,2018-01 Encumbrance# GL,O 1-1707 certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the Council by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The Council's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the Council arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING (a) For satisfactory completion of the Project, the Council shall pay Recipient approximately eight percent (8%) of the total cost of the Project, but in no event shall the Council cost - share exceed $200,000. The Council cost -share is not subject to modification based .upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the Council's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) In -Kind Services. Recipient agrees to provide $2,575,000 in the form of cash and/or in- kind services for the Project, as further described in the Statement of Work, which shall count toward Recipient's cost -share obligation of $2,575,000. Recipient's cash and/or in- kind services utilized on or after October 1, 2018 and before the effective date of this Agreement, in an amount not -to -exceed $2,575,000, shall count toward Recipient's cost - share obligation 5. PAYMENT OF INVOICES (a) Recipient shall submit one invoice upon successful completion of the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or (2) by e-mail to sakuma n irlcouncil.org. The invoice shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. For all approved Page 2 Contract# IRL2018-01 Encumbrance# GLO1-1707 expenses incurred on or after October 1, 2018, Recipient shall be reimbursed for approximately eight percent (8%) of approved costs or the not -to -exceed sum of $200,000, whichever is less. The Council shall not withhold any retainage from this reimbursement. If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) .End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30. Irrespective of the invoicing frequency, the Council is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 3 0 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the Council's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the Council, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) Council contract number; (2) Council encumbrance number; (3) Recipient's name and address (include remit address, if necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (8) Progress Report (if required). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. (f) Payments withheld. The Council may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the Council from loss as a result of. (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the Council must budget the amount of funds that will be expended during each fiscal year as accurately as Page 3 Contract# IRL2018-01 Encumbrance# GLOI-1.707 possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October, 1 September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the Council's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the Council to receive this request is August 1 of the then - current fiscal year. The Council may in its sole discretion prepare a Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers and employees. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' - - - -- - - .,__-compensation; arid -automobile insutance as required by their curterit toles and regulations; which may include participation in a self-insurance program. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) revenues appropriated by the Council's Board of Directors; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e- mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. COUNCIL Frank Sakuma, Project Manager IRL Council 1235 Main Street Sebastian, FL 32958617 -1 11 . _4 W42 2898 eii1 �„6 13_O�i Qk/ E-mail. sakuma@irleouncil.ora Page 4 RECIPIENT Arjuna Weragoda, P.E. Project Manager Indian River County 180127"' Street Vero Beach, FL 32960 (772)226-1821 E-mail: awerago, da@irc og v.com Contract# IRL2018-01 Encumbrance# GL01 -1707 (b) The Council's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating Council policies and decisions regarding all matters pertinent to performance of the Project. The Council's Project Manager may also issue a Council Supplemental Instruction (CSI) form, Attachment B, to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the CSI. A CSI may not be used to change the Total Compensation, quantity, quality, or the Completion Date of the Work, or to change or modify the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the Council Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by Council's Project Manager and Recipient, and may include emails, memos, and letters. - - - -- --- - - - (b)----Perforinance-Monitoring:-For--as- long- as -the -Project -is -operational;-the Council -shall have ---- the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the Council any data that is requested pertaining to performance of the Project. 10. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days written notice. In such event Recipient shall be compensated for all Work performed in accordance with this Agreement to the effective date of termination. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the Council shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure the breach within the thirty (3 0) day period, the Council shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The Council may also terminate this Agreement upon ten (10) days written notice in the event any of material misrepresentations in the Project Proposal. 11. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this. Agreement shall create a contractual relationship between the Council and any of Recipient's contractors or subcontractors. 12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure ofthe funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the Council, and copies of all invoices and supporting documentation for at least five (5) years after expiration of this Agreement In accordance with generally accepted governmental auditing standards, the Council shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Page 5 Contract# IRL2018-01 Encumbrance# GLO1 1707 Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the Council for the same purpose; and/or (4) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. (c) Florida Inspectors General. It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. 13. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 14. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the Council's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the Council's General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the Council and shall then be subject to judicial review upon completion of the Project. 15. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The Council will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there -were no W/MBE expenditures. 16. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 17. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. Recipient is not a contractor of the Council. The Council is Page 6 Contract# IRL2018-01 Encumbrance# GLO 1-1.707 providing cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health insurance, and tax laws pertaining to Recipient, its officers, agents, and employees. 18. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 19. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the Council under this Agreement shall not be used for the purpose of lobbying the Legislature or -any other state agency. 20. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts - ------ pertaining -to -the, Project-. Recipient -shall -obtain -any -and all governmental -permits necessaryto- - _-- - -- - implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost - share funding. 21. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or, consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 22. PUBLIC RECORDS. (a) Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the Council's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. (b) IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772) 742 - Page 7 Contract# IRL2018-01 Encumbrance# GLO1 1707 28589 SAK UMA@IRLCOIUNCI L.ORG9 1235 MAIN STREET, SEBASTIAN9 FLORIDA 32958° (c) Recipient shall keep and maintain public records required by the Council to perform the Project. (d) Upon request from the Council's custodian of public records, Recipient shall provide the Council with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law. (e) Recipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term. and following completion of the contract if the contractor does not transfer the records to the Council. (f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public records in possession of the Recipient or keep and maintain public records required by the Council to perform the service. If the Recipient transfers all public records to the Council upon completion of the contract, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of the contract, the Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Council, upon request from the Council's custodian of public records, in a format that is compatible with the information technology systems of the Council. 23. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe,on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the Council harmless from loss to the extent allowed by Florida law. Page 8 Contract# IRL2018-01 Encumbrance# GLO I - 1707 IN WITNESS WHEREOF, the IRL Council has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. IRL COUNCIL By: LIM" Duane E. De Freese, Ph.D., Executive Director ---------- --- --- ----- - - ----- Date:- it tf/o/o Council General Counsel INDIAN RIVER COUNTY By D. -0 '-Bryan Typed Name amnd Wate: October 2, 2018 Olt Attest: Attachment A — Statement of Work Attachment B. — Council Supplemental Instruction Form Cost -share: Agency general Last updated: 10-25-13 Page 9 Typed Namean&fftle v-�"� Gelfo, Deputy Clerk BY DYLAN REINGOLD OOUNTY ATTORNEY Contract# IRL-2018-01 Encumbrance# GLOI-1707 ATTACHMENT A - STATEMENT OF WORK INDIAN RIVER COUNT' — WEST WABASSO PHASE 2 SEPTIC TO SEWER I. INTRODUCTION/BACKGROUND The Indian River National Estuary Program (IRLNEP) is continuing its Restoration Project Cost Share Initiative Program in Fiscal Year (FY) 2018-2019 to restore water quality in the Indian River Lagoon. On April 13, 2018, the Indian River Lagoon Council Board of Directors approved funding for Restoration projects (RFP 2018-01). Each project selected for funding will have a positive benefit to one or more of the IRLNEP's core missions; water quality or natural habitat. Indian River County (Recipient) requested funding for their West Wabasso Phase 2 Septic to Sewer Project for the not to exceed amount of $200,000, towards the estimated construction cost of $2,500,000. This request was approved by the IRL Council Board of Directors. The Recipient is — - located in Indian River II. PROJECT VALUE PROPOSITION STATEMENT The objective of this project is to provide cost share dollars that will enable the Recipient to construct a septic to sewer project, which will reduce the nutrient discharge to the Indian River Lagoon. The estimated nutrient -load reduction benefit is 3,131 lbs./yr. of Total Nitrogen. III. LOCATION OF PROJECT The project is located south of CR -510 bounded to the west by 64th Avenue, 62nd Avenue to the east and 83rd Street to the south. Please see the following map labeled Exhibit A "Project Location Map". Page 10 x O WEST WABASSO PHASE fl O&TIC TO SEWER PROACTLOGMION MIAP IV. SCOPE OF WORK Contract# IRL2018-01 IJneumbrance# GLOI.-1707 VINOTY MAP r. 44J��1 9 .,4 `I � r �•�yyy� s EXHIBIT A, PROJECT LOCATION MAP The project is located south of CR -510 bounded to the west by 64th Avenue, 62nd Avenue to the east, and 83`d Street to the south. The project potentially will abandon 54 existing septic systems and connect to centralized sewer, and provide sewer hookups for 47 vacant parcels for a total of 101 parcels. The project also includes construction of a gravity sewer system that will provide connection to the 101 parcels. V.. PROJECT TASK IDENTIFICATION The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. Page 11 Contract# IRL2018-01 Encumbrance# GLO 1 - 1707 VI. DELIVARB]LES AND TIME FRAMES Task 1. Quarterly progress reports starting after the first quarter following contract execution and continuing to project completion. Deliverables due in Council office quarterly after contract execution. Deliverables: quarterly reports. Task 2. Deliverable due in Council office as available during quarterly reporting. Deliverable: digital or electronic copies of design, engineering, and permits. Task 3. Deliverable due in Council office quarterly after contract execution. Deliverables: report of project progress, photos, and public releases. Task 4. Project Final Report. Deliverable due in Council office by September 30, 2019. Deliverable: all outstanding deliverables and project final report. VII. BUDGET 'FYI 9 (10/1/201 R — 9/30/2019) Task Item Task Description IRR NEP Funding Amount Cost Share Funding Amount Cost Share Funding Source 1 Quarterly Progress Reports $0.00 $3,000.00 Indian River County 2 Design & Permitting $0.00 $69,000.00 Indian River County 3. Construction $200,000.00 $2,300,000.00 Indian River County, SJRWMD and FDEP 4 Ficial Project Report $0.00 $3,000.00 Indian River County Summary Cost $200,000.00 $2,375,000.00 Project Total Cost $2,575,000.00 Page 12 Contract# IRL2018-01 Encumbrance# GLOI-1707 ATTACHMENT H — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample) COUNCIL SUPPLEMENTAL INSTRUCTIONS # 17:1 -N TO: FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the Council's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Acknowledged: , Council Project Manager , Council Contracts Administrator cc: Contract/Purchasing file Page 13 Date: Date: