HomeMy WebLinkAbout2020-168Contract# IRL2020-04
Encumbrance# GL01-2002
AGENCY COST -SHARE AGREEMENT BY AND BETWEEN
THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE
NORTH SEBASTIAN PHASE 2 SEPTIC TO SEWER PROJECT
THIS AGREEMENT ("Agreement") is entered into by and between the IRL COUNCIL ("Council"),
whose address is 1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY, whose address
is 1801 27`h Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto include
the parties, their officers, employees, agents, successors, and assigns.
RECITALS
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'):
This Project will connect 201 parcels from septic to sewer service and is estimated to
reduce 5,580 lbs/yr of TN and 900 lbs/yr of TP from entering the IRL.
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.
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, 2022 ("Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance on or after October 1, 2020 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 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 sixty (60) days after receipt by Recipient.
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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
four percent (4%) of the total cost of the Project or five percent (5%) of the total
Construction costs, but in no event shall the Council cost -share exceed $204,017.69. 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 $1,791,395.54 in the form of cash and in-
kind services for the Project, as further described in the Statement of Work, which shall
count toward Recipient's total cost -share obligation of $5,637,912.31.
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 kolodny@irlcouncil.org. Invoices 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
expenses, the Council shall reimburse Recipient based upon the Council's four percent
(4%) cost -share of the total approved expenses until the not -to -exceed amount of the
Council's cost -share, $204,017.69, has been expended. The Council shall not withhold
any retainage from this reimbursement. Council reimbursement is subject to annual
budgetary limitation, if applicable, as provided in subsection (g). 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
Project work completed between the last invoice and September 30, and an estimate of the
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additional amount due as of September 30 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); (9) Diversity Report (if otherwise required
herein). 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. If travel expenses are not included in the cost schedule, they are a cost that
is borne by recipient.
(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-year agreements, it is necessary for the Council to
budget as accurately as possible the amount of funds that will be expended by the Council
during each fiscal year. The Statement or Work, Attachment A, includes the parties' current
projection of the Council's cost -share on a fiscal year basis (October 1 — September 30). If
Recipient's reimbursable costs exceed the budgeted amount during any fiscal year, the excess
reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly
notify the Council when it appears that Recipient's reimbursable costs will exceed the
budgeted amount during any fiscal year and provide the Council with a revised funding plan.
If the Council's annual budget permits, the Council may, in its sole discretion, prepare a
Council Supplemental Instruction Form incorporating the revised funding plan and
authorizing additional reimbursement during the current fiscal year.
6. INDEMNITY. Recipient shall indemnify and hold harmless, release, and forever discharge the
Council, its public officers, employees, agents, representatives, successors, and assigns, from any and
all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees,
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arising from or caused by the Recipient, its employees or sub -contractors, in the performance of the
Work. The Recipient shall further indemnify the Council for all costs and penalties the Council incurs
related to any failure to offer Patient Protection and Affordable Care Act compliant health care
coverage to Recipient -employees performing under this contract. 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.
7. 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, and automobile insurance as required by their current rules and regulations, which
may include participation in a self-insurance program.
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) the United States Environmental Protection Agency; (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.
9. 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
Daniel Kolodny, Project Manager
IRL Council
1235 Main Street
Sebastian, Florida 32858
(772) 216-7148
E-mail: kolodny a,irlcouncil.org
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RECIPIENT
Vincent Burke, Director
Indian River County Utility Services
1801271 Street
Vero Beach, Florida 32960
(772)226-1830
E-mail: vburke@iregov.com
Contract# IRL2020-04
Encumbrance# GL01-2002
(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
issue a Council Supplemental Instruction (CSI) form, Attachment C, to authorize minor
changes in the Project that the parties agree are not inconsistent with the purpose of the
Project, do not affect the Council cost -share or Completion Date, or otherwise significantly
modify the terms of the Agreement.
10. 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 but must include
Council's Quarterly Report Summary Cover Sheet, and may include emails, memos, and
letters.
(b) Performance 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.
11. FAILURE TO COMPLETE PROJECT.
(a) Should Recipient fail to complete the Project, Recipient shall refund to the Council all of
the funds provided to Recipient pursuant to this Agreement. However, the Council, in its
sole judgment and discretion, may determine that Recipient has failed to complete the
Project due to circumstances that are beyond Recipient's control, or due to a good faith
determination that the Project is no longer environmentally or economically feasible. In
such event, the Council may excuse Recipient from the obligation to return funds provided
hereunder. If the Project has not been completed within 30 days after the Completion Date,
Recipient shall provide the Council with notice regarding its intention as to completion of
the Project. The parties shall discuss the status of the Project and may mutually agree to
revise the Completion Date or the scope of the Project. Failure to complete the Project
within 90 days after the Completion Date shall be deemed to constitute failure to complete
the Project for the purposes of this provision.
(b) In the event the Project constitutes a portion of the total functional project, this paragraph
shall apply in the event the total functional project is not completed. In such event, the 90 -
day timeframe provided herein shall commence upon the date scheduled for completion of
the total functional project at the time of execution of this Agreement, unless extended by
mutual agreement of the parties.
(c) This paragraph shall survive the termination or expiration of this Agreement.
12. TERMINATION
(a) Termination for Default. 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
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fails to cure the breach within the thirty (30) 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.
(b) Termination for Convenience. The Council may terminate this Agreement at any time for
convenience upon thirty (30) calendar days prior written notice to Recipient. Upon receipt of
notice, Recipient shall place no further orders for materials, equipment, services, or
facilities, for which reimbursement would otherwise be sought. Recipient shall also make
every reasonable effort to cancel, upon terms satisfactory to the Council, all orders or
subcontracts related to the Project for which reimbursement would otherwise be sought. In
the event of such termination, Recipient shall be compensated for all work performed
pursuant to this Agreement prior to the effective date of termination.
ADDITIONAL PROVISIONS (Alphabetical)
13. 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.
14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and
expenditure of the 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 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.
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15. 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.
16. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency, the
Council achieves its mission through partnerships with state agencies, local governments, community
organizations, and others. The Council requires Recipient to acknowledge the Council when
describing this project or program funded in whole or in part with Council funds in any of the following
products: (1) press releases, speaking engagements, and other public statements; (2) publications and
other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; (6) bid
solicitations and/or; (7) social media.
17. 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.
18. 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.
19. 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.
20. 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 providing
cost -share funding 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 and tax laws pertaining
to Recipient, its officers, agents, and employees.
21. 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.
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22. 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.
23. 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 necessary to 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.
24. 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 s. 287.017 for CATEGORY TWO ($35,000) for a period of 36
months following the date of being placed on the convicted vendor list.
25. 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) 216-
7148, KOLODNY(i.ORG, 1235 MAIN STREET,
SEBASTIAN, 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
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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.
26. 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.
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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:
Duane E. De Freese, Ph.D., Executive Director
Date:
APPROVED BY THE IRL
GENERAL COUNSEL
TATTIT A AT D TXTUD r1nT TATTV
Typed Name and Title
Date: August 14, 2020
Attest: '
Randi Wardlow, Clerk to the Board & VAB
Carolyn S. Ansay, General Counsel Typed Name and Title
ATTACHMENTS
Attachment A — Statement of Work
Attachment B — Council Supplemental Instructions Form
Cost -share: Non-profit corporation
Last updated: 5-31-2019
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APPRO\!ED AS TO FORM
AND LEGAL SUFFICIENCY
BY
'D'T'1.a�6�1 +�Ei1��OLD
COUNTY ATTORNEY
Contract# IRL2020-04
Encumbrance# GL01-2002
ATTACHMENT A - STATEMENT OF WORK
I. PROJECT TITLE:
North Sebastian Phase 2 Septic to Sewer
II. INTRODUCTION/BACKGROUND:
The Indian River National Estuary Program (IRLNEP) is continuing its Restoration Project Cost
Share Initiative Program in Fiscal Year (FY) 2020-2021 to restore water quality in the Indian River
Lagoon. 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.
The Indian River County (Recipient) requested funding for their North Sebastian Phase 2 Septic to
Sewer Project for the not to exceed amount of $204,017.69 towards the estimated construction cost
of $4,080,353.85. This request was approved by the Governing Board. The Recipient is located in
Indian River County.
III. 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 4,266 lbs./yr. of Total Nitrogen.
IV. LOCATION OF PROJECT:
The project is located primarily in North Sebastian. A majority of the area lies on the west side of
US Hwy 1 north of Roseland Road and smaller are lies on the east side of US Hwy 1 along Ruffner
Lane. Please see the following map labeled Exhibit A: "Project Location Map North Sebastian -
Phase 2".
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V. SCOPE OF WORK:
The project will construct a gravity sewer system to service an area that has a mixed land use
designation of primarily residential and non-residential properties on septic for a total construction
cost for sewer only of $ 4,080,353.85. The project area currently encompasses a total of 201 parcels.
Out of these parcels approximately 90% are developed. Therefore, that leaves approximately 180
parcels the ability to provide sewer services to in the North Sebastian area which would yield a
positive benefit to the Lagoon by reducing
an estimated amount of 4,266 pounds/year of Total Nitrogen and 900 pounds/year of Total
Phosphorus from being leached into the Lagoon.
VI. TASK IDENTIFICATION:
Task 1: Council's Initial Project Executive Summary sheet:
The County will prepare and submit Council's Initial Project Executive Summary Sheet
Task 2: Quarterly Reports that include Council's Quarterly Report Summary Cover Page.
Task 3: Complete final project Design and 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
Task 4: Provide procurement for project construction.
Task 5: Perform Construction Activities which include an Impact Fee and a Connection Cost
Task 6: Project Final Report that Includes Council's Final Project Cover Page
VII. DELIVERABLES AND TIME FRAMES:
Task 1: The Council's Initial Project Executive Summary Sheet due October 31, 2020
Task 2: Quarterly Reports that include Council's Quarterly Report Summary Cover Page due
January 31, 2021, April 30, 2021, July 31, 2021, and October 31,2021.
Task 3: Final Design specifications and Permits to be included in first Quarterly Report due
January 31, 2021.
Task 4: Contractor Procurement to be included in first Quarterly Report due January 31, 2021.
Task 5: Construction Completion. A summary of construction activities that includes total number
ofparcels connected to be included in Final Report due December 31, 2021.
Task 6: Final Report that includes a construction report and final invoice due December 31, 2021.
Page 12
Contract# IRL2020-04
Encumbrance# GL01-2002
VIII. BUDGET
Task line
Task Name
IRL
Cost Share
Cost share Funding Source and
item
Funding
Funding
Type
Amount
Amount
1
Initial Project
$0
$0
N/A
Executive Summary
Sheet
2
Quarterly Reports
$0
$3,750
IRC In -Kind
3
Design and Permitting
$0
$188,715
IRC Cash and In -Kind
4
Procurement
$0
$7,500
IRC Cash
5
Construction
$204,017.69
$1,346,516.77
SJRWMD (Cash)
$2,500,000.00
FDEP (Cash)
$1,589,930.54
IRC Cash
6
Final Report
$0
$1,500
IRC In -Kind
Summary of Costs
$204,017.69
$5,637,912.31
Project total:
$5,841,930
Sewer Only
Estimated Construction Cost = $ 4,080,353.85
Design Cost = $ 188,065.00
Bidding & CEI Cost = $ 204,017.69
Impact Fee Cost for 201 connections = $ 561,996.00
Connection Cost (private lateral & abandonment
o $ 807,497.40
f septic) _
TOTAL = $ 5,841,930.00
IRLNEP's share was based on 5% of the Estimated Construction Cost of $4,080,353.85
Page 13
Contract# IRL2020-04
Encumbrance# GLOI -2002
ATTACHMENT B — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS #
DATE:
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.
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:
, Council Project Manager
cc: Contract file
Page 14
Date: