HomeMy WebLinkAboutSt. Johns River Water Management District Memorandum of Agreement for Alternative Water Supply Project PE( f
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MEMORANDUM OF AGREEMENT AMONG
CITY OF CASSELBERRY,
CITY OF DELTONA,
CITY OF MAITLAND,
CITY OF OVIEDO,
CITY OF SANFORD,
CITY OF WINTER SPRINGS,
ORANGE COUNTY,
AND THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FOR THE
ALTERNATIVE WATER SUPPLY PROJECT
NEAR STATE ROAD 46 IN SEMINOLE COUNTY
This MEMORANDUM OF AGREEMENT ("AGREEMENT") is made and entered into
by and among: CITY OF CASSELBERRY, CITY OF DELTONA, CITY OF MAITLAND,
CITY OF OVIEDO, CITY OF SANFORD, CITY OF WINTER SPRINGS, and ORANGE
COUNTY referred to herein by name or collectively referred to as the "SUPPLIERS", and the
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "DISTRICT"). Collectively,
the SUPPLIERS and the DISTRICT are referred to herein as the "PARTIES."
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WITNESSETH:
WHEREAS, the DISTRICT has determined that the use of the Floridan aquifer, the
traditional public water supply source for Central Florida, is not available to meet all future
public water supply needs in the Central Florida region, and
WHEREAS, the DISTRICT has identified alternative water supply sources near State
Road 46 in Seminole County for a regional alternative water supply project, and
WHEREAS, herein the PARTIES refer to the development of surface water from a
location that is generally proximate to State Road 46 in Seminole County as a potential
alternative water supply project of regional significance (the "PROJECT"), and
WHEREAS, the PARTIES desire to develop the PROJECT to supplement the public
water supply of the SUPPLIERS, and
WHEREAS, the PARTIES have determined that the design and permitting for the
PROJECT will require substantial work, including conceptual design, water use permitting,
environmental permitting, and preliminary design development; all of which are shown in
summary in Exhibit 1 (the "Work") attached hereto and incorporated herein, and
WHEREAS, to perform the Work, the PARTIES must retain the appropriate
consultant(s), and
WHEREAS, the DISTRICT agrees to provide all available technical information and
permitting guidance including, but not limited to, reports, studies, models, etc., to the
SUPPLIERS regarding development of the Work, and
WHEREAS, the PARTIES recognize the benefits of regional cooperation and have
determined that cost-sharing the Work is in the public interest and to the economic advantage of
the SUPPLIERS, and
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WHEREAS, the PARTIES have the authority to enter into this AGREEMENT and to
establish funding sources to cost-share the Work, and
WHEREAS, the DISTRICT is in support of the efforts of the SUPPLIERS to address
water supply development on a regional basis and is committed to providing financial and
technical assistance for this effort, as described herein, and
WHEREAS, the SUPPLIERS desire to develop alternative water supply sources in a
manner protective of the environmental resources and consistent with the DISTRICT'S regional
water supply plan, and
WHEREAS, the PARTIES believe that the PROJECT can be developed in an
environmentally sensitive and economically feasible manner, and
WHEREAS, the PARTIES agree that nothing in this AGREEMENT shall be construed to
preclude any SUPPLIER from continuing to operate its existing water supply facilities or restrict
in any way the ability of a SUPPLIER to retain its existing water supply facilities, expand
existing facilities, and/or develop new water supply facilities in order to meet the existing and
future water needs of its water wholesale and retail customers, from a dependable, adequate and
cost-effective water supply source, and
WHEREAS, the PARTIES agree that nothing in this AGREEMENT shall affect the
utility service area of a SUPPLIER, the rights of a SUPPLIER to provide service within its utility
service area, or any right or obligation a SUPPLIER may have pursuant to its certificate of
authorization or comparable local enabling law, and
WHEREAS, the PARTIES agree that nothing in this AGREEMENT shall affect, change
or modify any existing agreement among the SUPPLIERS or among one or more SUPPLIERS
and the DISTRICT.
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NOW THEREFORE, in consideration of the foregoing premises, which are made a part
of this AGREEMENT, and the mutual covenants, terms and conditions contained herein, and for
other good and valuable consideration, the receipt of which is hereby acknowledged, the
PARTIES hereto, each intending to be legally bound, agree to the following:
1. AUTHORITY. This AGREEMENT is entered into by the PARTIES under the
following authorities:
A. ORANGE COUNTY, a charter. county, enters into this AGREEMENT under the
authority of its home rule powers, as well as Sections 125.01(1)(k) 1, 125.01(1)(p), 125.01(3)(a),
and 153.03(6), Florida Statutes, which authorize counties to enter into agreements with other
public agencies and private corporations to accomplish goals for providing water to their
customers.
B. The municipalities enter into this AGREEMENT under the authority of Sections
166.021(1), 180.02, and 180.06(3), Florida Statutes, which authorize municipalities, both within
and outside the municipal limits, to enter into agreements to further their efforts to provide water
to their residents and customers.
C. The DISTRICT enters into this AGREEMENT under the authority of Section
373.083, Florida Statutes, which authorizes each water management district governing board to
enter into agreements with other public agencies and private corporations to accomplish the
directives and goals of Chapter 373, Florida Statutes.
H. SCOPE OF WORK.
A. The PARTIES agree that the Work shall be performed in accordance with the
Summary Scope of Work, attached hereto and incorporated herein as Exhibit 1. The negotiated
Scope of Work shall be consistent with the Summary Scope of Work, and shall be subject to
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approval by consensus of the SUPPLIERS. For the purposes of this AGREEMENT, the term
"negotiated Scope of Work" means the final Scope of Work, which is to be negotiated with the
consultant(s) that will be selected to perform the Work.
M. GOVERNANCE AND MANAGEMENT.
A. All decisions concerning the Work shall be made by the SUPPLIERS, each of
which shall be represented by one Representative and up to two Alternates at meetings of the
PARTIES.
B. Regular meetings of the PARTIES shall be held routinely on a schedule set by the
SUPPLIERS at a place to be determined by the PARTIES, with an agenda to be provided to the
PARTIES by the chair prior to the meetings. Special meetings may be called at any time by a
majority of the SUPPLIERS, with reasonable notice to all PARTIES of the matters to be
considered at the meeting.
C. At the first regular meeting of the PARTIES, the SUPPLIERS shall elect one of
their Representatives to serve as chair.
D. A majority of the Representatives of the SUPPLIERS must be present in order to
conduct a meeting. Except as set forth in Paragraph III. D., below, all decisions by the
Representatives of the SUPPLIERS shall be by consensus of the Representatives of the
SUPPLIERS present. All PARTIES present at a meeting must vote, unless the non-voting
PARTY declares, with particularity, a voting conflict. If a conflict is declared, a PARTY can
abstain from voting. The abstaining PARTY shall not be counted in the vote, but shall be
counted for the purpose of determining if a quorum is present. In the event that consensus is not
reached, a two-thirds weighted vote of the voting SUPPLIERS may declare that an impasse
exists. The impasse may be resolved by a two-thirds weighted vote of the voting SUPPLIERS.
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Notwithstanding the above, consensus shall be required for any and all decisions that would
change, modify or amend the terms of this AGREEMENT.
E. For the purposes set forth in this Article III, the votes of the SUPPLIERS shall be
weighted in the same proportion as the Composite Share that each SUPPLIER participates in the
funding of the Work. Each SUPPLIER's Composite Share is identified in the table attached
hereto and incorporated herein as Exhibit 3. The ranking of consultant(s) to perform the Work
shall be in accordance with the Consultant Procurement Procedures set forth in Exhibit 2,
attached hereto and incorporated herein, except that each SUPPLIER's score for the respondents
shall be weighted in accordance with the respective percentage participation, as set forth in
Exhibit 3.
F. Within ten (10) business days of the Effective Date of this AGREEMENT, each
PARTY shall designate its Representative and up to two Alternates by providing written
notification to the other PARTIES. The Representatives and Alternates shall be staff members
of the PARTIES. At any time and in its sole discretion, a PARTY may designate a new
Representative or Alternate by providing a written notification to the other PARTIES.
G. The CITY OF OVIEDO ("OVIEDO") shall serve as the Contracting Agent and
the Project Administrator ("PA") for the SUPPLIERS. Within thirty (30) calendar days of the
Effective Date of this AGREEMENT, OVIEDO shall designate a staff person to serve in its role
as PA. OVIEDO shall have overall administrative responsibility for implementing the terms of
this AGREEMENT. Under the direction of the SUPPLIERS, the PA shall be responsible for
implementing the negotiated Scope of Work. The PA shall provide the PARTIES a report as to
the status of each task on a monthly basis.
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H. In the event OVIEDO desires to terminate its participation as the Contracting
Agent and PA, it shall provide at least 180 calendar days written notification to the PARTIES
and assist in the transition of the existing contract for performance of the negotiated Scope of
Work between the consultant(s) and the Contracting Agent to one of the other SUPPLIERS.
Within thirty (30) calendar days of receipt of such notification, the SUPPLIERS shall meet to
elect, through consensus, a successor Contracting Agent and PA (the "Successor"). To avoid
disruption of the Work, OVIEDO agrees to fulfill its obligations as a Contracting Agent and PA
until a new contract has been executed between the Successor and consultant(s) or until the
existing contract has been assigned to the Successor. Furthermore, OVIEDO agrees to transfer
all unused funds paid by the SUPPLIERS to the Successor within ten (10) business days of the
effective date of the new or assigned contract, and agrees to pay its full share of the Work,
without the credit for administrative costs, authorized under the contract after the date of its
written notification. OVIEDO shall provide an accounting of all expenditures, deliverables and
appropriate documentation to the new Contracting Agent and PA no later than thirty (30)
calendar days after the effective date of the new contract or assignment of the existing contract,
and agrees, at no cost to the SUPPLIERS, to timely assist in resolving any issues that may arise
related to the time OVIEDO served as the Contracting Agent and PA.
I. Each Representative shall have the responsibility to keep his or her respective
SUPPLIER informed of the work being undertaken.
IV. FUNDING.
A. The estimated total cost for the Work, based on preliminary information available
from the DISTRICT, is five million dollars ($5,000,000).
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B. The DISTRICT'S financial contribution is thirty (30) percent of the total cost of
the Work, not to exceed one million five hundred thousand dollars ($1,500,000). The
DISTRICT agrees to pay its proportionate share of the cost of the Work on a cost reimbursable
basis as more particularly described in Paragraph VI.M. of this AGREEMENT. The funds shall
be utilized exclusively for payment to the consultant(s) under contract with the PA to implement
the negotiated Scope of Work.
C. The total cost of the Work for the SUPPLIERS is estimated not to exceed three
million five hundred thousand dollars ($3,500,000). The intention of the SUPPLIERS is to
complete the Work in phases. The SUPPLIERS will first authorize and complete Phase 1. The
estimated cost of Phase 1 is shown in Paragraph IV.G. below. This cost includes contract
administration contributions as set forth in Paragraph IV.F. of this AGREEMENT.
D. As other funds are received, said funds will be applied to the total cost to reduce
the amounts received or to be paid by the SUPPLIERS, and each SUPPLIER will either be
reimbursed in proportion to its contribution or have its remaining contribution balance
proportionately reduced. At the beginning of the third year of the consultant(s) contract, the PA
shall report to the PARTIES the actual cost to date and the projected amount of deficit or refund.
E. The SUPPLIERS agree to participate financially according to the Composite
Share shown on attached Exhibit 3. The amount of funding for each SUPPLIER will depend on
three factors, which are: (1) the number of SUPPLIERS, (2) the amount of public supply water
each participating SUPPLIER used in 2006, and (3) the amount of public supply water (annual
average) expected from the PROJECT based on the estimated available yield.
F. In recognition of the significant additional in-kind contribution required of the
Contracting Agent and PA under this AGREEMENT, OVIEDO, as Contracting Agent and PA,
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shall receive a credit against its pro rata share of 3.5% of the total cost for the SUPPLIERS . The
reduction of the PA's financial contribution is incorporated in the overall project budget and has
been distributed proportionally, in accordance with the formula set forth in Exhibit 3, amongst
the SUPPLIERS. Should OVIEDO terminate its participation as Contracting Agent and PA,
then the 3.5% credit shall no longer be applied against its estimated contribution as of the
effective date of termination and OVEIDO agrees to fund its full share of the work, including its
prorated share of the 3.5% contribution for the new Contracting Agent and PA. Upon the
effective date of the assignment of the role of Contracting Agent and PA to another PARTY, the
credit shall be applied against the estimated contribution of the PARTY that assumed the role as
Contracting Agent and PA. The estimated contribution of the PARTY assuming the role of
Contracting Agent and PA, for the purpose of applying the credit, shall be determined by
calculating the difference between its total estimated contribution for the Project and the
contribution that it has made prior to assuming the role as Contracting Agent and PA.
G. The SUPPLIERS agree to pay the following estimated contributions including the
proportionate share of the credit for Contracting Agent and PA contribution:
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PHASE 1 PHASE 2 TOTAL PROJECT
CITY OF CASSELBERRY $ 73,738.00 $ 180,530.00 $ 254,268.00
CITY OF DELTONA $ 157,378.00 $ 385,304.00 $ 542,682.00
CITY OF MAITLAND $ 69,735.00 $ 170,730.00 $ 240,465.00
CITY OF OVIEDO $ 40,397.00 $ 98,903.00 $ 139,300.00
CITY OF SANFORD $ 87,747.50 $ 214,831.50 $ 302,579.00
CITY OF WINTER SPRINGS $ 71,525.50 $ 175,114.50 $ 246,640.00
ORANGE COUNTY $ 514,479.00 $1,259,587.00 $ 1,774,066.00
TOTAL $1,015,000.00 $2,485,000.00 $3,500,000.00
H. Upon execution of the contract with the consultant(s) selected by the SUPPLIERS
to perform the negotiated Scope of Work, the PA shall advise each SUPPLIER of its share of the
cost based upon the formula set forth in Exhibit 3. Within sixty (60) calendar days of the
execution of a contract with the consultant(s) selected by the SUPPLIERS to perform the
negotiated Scope of Work, each SUPPLIER shall remit its first one-third (1/3) share of the
estimated cost of Phase 1 to the PA. Thereafter, the PA, in coordination with the consultant(s),
will establish a funds contribution schedule by year through consensus of the SUPPLIERS. All
scheduled payments by the SUPPLIERS shall be deposited by the PA in an interest-bearing
account. Interest accrued in this account will be credited annually to the SUPPLIERS on a pro
rata basis.
1. If the estimated cost are less than the final actual cost, the deficit amount shall be
allocated pro rata to each SUPPLIER in accordance with its Composite Share set forth in
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attached Exhibit 3. Changes in the negotiated Scope of Work that will cause the final actual cost
to increase must be approved by consensus of the SUPPLIERS and shall not be undertaken by
the consultant(s) until each SUPPLIER receives authorization from its governing body to pay the
increased cost. If the estimated cost is greater than the final actual cost of the Work, the excess
amount shall be refunded pro rata to each SUPPLIER in accordance with its Composite Share set
forth in attached Exhibit 3, and the DISTRICT's financial contribution shall be adjusted or
refunded proportionately.
J. In the event a challenge to the selection of the consultant(s) is filed, the
PARTIES, by consensus, shall timely make a determination to defend the selection process and
contract award or to reject all proposals. In the event the PARTIES vote to defend the action, the
PARTIES, through consensus, must timely agree to the budget for the defense and the counsel to
be retained by the PARTIES. The reasonable attorneys' fees and costs associated with the
defense of the challenge shall be reimbursed to the PA from the SUPPLIERS on a pro rata basis
in accordance with their proportionate share within sixty (60) calendar days of receipt of invoice
from the PA.
K. All payments made pursuant to this AGREEMENT shall be submitted to the PA
based on the approved payment schedule adopted by the SUPPLIERS, and modified as
necessary, and shall reference this AGREEMENT.
L. The SUPPLIERS contemplate that Work under this AGREEMENT will lead to
new agreement(s) to fund the implementation of the PROJECT throughout its duration. In order
to assist the SUPPLIERS in funding the PROJECT, the SUPPLIERS intend to seek funding for
the PROJECT from revenue sources that have been made available to the DISTRICT by the
Florida Legislature in the Water Protection and Sustainability Program and any other available
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funding from local, state and federal sources. The SUPPLIERS will cooperate with each other
and the DISTRICT in furtherance of seeking these funding sources. The SUPPLIERS' intent is
that governance agreement(s) be adopted by the SUPPLIERS for the purpose of seeking this
funding in order to allow the SUPPLIERS to seek funds made available to the DISTRICT under
the Water Protection and Sustainability Program for funds that are available for FY 2008-2009,
FY 2009-2010, and in future years.
V. RESPONSIBILITIES OF SUPPLIERS. Each SUPPLIER, without limitation as to
other duties provided herein, shall:
A. Designate, in writing, a Representative and up to two Alternates.
B. Develop solicitation and selection criteria for consultant(s) selection.
C. Participate in the selection of the consultant(s), consistent with the Summary
Scope of Work and the Consultant Procurement Procedure set forth in Exhibit 2.
D. Participate in the development of the negotiated Scope of Work.
E. Negotiate the negotiated Scope of Work and participate as needed with the PA in
preparation of a contract to retain the consultant(s).
F. Contribute financially in accordance with the formula set forth in Exhibit 3.
G. On an as-needed basis, and with reasonable notice, provide the consultant(s)
access to their lands, facilities, needed records, testing results, and other such cooperation as may
be needed for completion of the Work.
H. Seek technical assistance, as necessary, from other appropriate sources.
I. Participate in meetings required to accomplish the negotiated Scope of Work.
J. Review, comment on, and approve interim and final deliverables for the
negotiated Scope of Work as specified in the negotiated scope of work schedule.
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K. Seek additional necessary funds and governing body approvals prior to approving
any increased costs.
L. Affirm their ongoing duties of mutual cooperation with each other and agree to
assist each other in furtherance of the AGREEMENT's goal of developing the Work.
M. Each SUPPLIER acknowledges and agrees that it is under an affirmative
obligation to provide all information necessary to develop and support Project permit
applications, including without limitation consumptive use permits under Chapter 373, Florida
Statutes, in a timely manner. Such information may include requests for additional information
("RAI") from permitting authorities. Failure to provide such information within 120 calendar
days of request shall constitute a material breach hereof; provided, however, such breach shall be
considered waived in the event the responding SUPPLIER requests consent from all
SUPPLIERS hereto for additional time to complete the RAI response(s) and receives unanimous
written consent therefor. In no event shall the request for additional time exceed a period of 120
additional calendar days. Approval of the PARTIES for such extension shall not be
unreasonably withheld. Notwithstanding the foregoing, in the event a majority of the
SUPPLIERS oppose a given RAI question or comment, this paragraph shall not apply to that
RAI question or comment.
VI. RESPONSIBILITIES OF PROJECT ADMINISTRATOR. In addition to its
responsibilities as a SUPPLIER, as set forth in this AGREEMENT, the PA shall:
A. Designate, in writing, a staff member to serve as Project Administrator to
coordinate its responsibilities under this AGREEMENT. The PA shall also designate, in writing,
a Contract Administrator who shall be responsible for carrying out the duties described in
Exhibit 2.
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B. At the direction of the SUPPLIERS, procure the services of consultant(s) to
perform the Work. The PA procurement policies and procedures shall be utilized in all
procurement activities to implement this AGREEMENT and shall be consistent with Section
287.055, Florida Statutes.
C. Prepare and execute contract(s) with the consultant(s) selected by the
SUPPLIERS.
D. Manage the activities of the consultant(s) to assure that contract requirements are
met.
E Report on a quarterly basis to the SUPPLIERS the status of the deliverables and
expenditures, including projected schedules and expenditures for the next quarter.
F. Manage the review of interim and final deliverables.
G. Coordinate regularly with the PARTIES.
H. At the direction of the SUPPLIERS, initiate and process funding requests for the
Work, unless a governance agreement(s) has resulted in the designation of a legal entity capable
of timely performing this responsibility. However, nothing herein shall preclude a SUPPLIER
from initiating or processing funding requests.
1. Receive and account for funds from the PARTIES and other sources.
J. Establish an interest-bearing bank account for deposit of funds received under this
AGREEMENT.
K. Process and pay invoices from the consultant(s).
L. Submit documentation as necessary to secure funds for payment of invoices.
M. The PA will process DISTRICT cost-share reimbursement requests as follows:
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All invoices for DISTRICT reimbursement will be submitted to the St. Johns River Water
Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka,
Florida 32177 or may be emailed to acctpay@sjrwmd.com. The PA shall bill the DISTRICT in
accordance with the cost schedule that shall be developed in the contract between the PA and the
consultant(s). The cost schedule shall require the submittal of itemized monthly or "percentage
of task complete" invoices based upon the actual portion of the Work performed. All
documentation required for verification of invoices, including approval of payment to
consultant(s) by PA, shall be received and approved by the DISTRICT prior to reimbursement
payments by the DISTRICT. Invoices that do not correspond to the cost schedule or other
requirements of this Paragraph will be returned to the PA without action within twenty (20)
business days of receipt and shall state the basis for rejection of the invoice.
The DISTRICT may withhold or, on account of subsequently discovered evidence,
nullify, in whole or in part, any reimbursement payment to such an extent as may be necessary to
protect the DISTRICT from loss as a result of: (1) defective Work performed by the
consultant(s) not remedied; or (2) failure of the PA to make payments when due to the
consultant(s). Amounts withheld shall not be considered due and shall not be paid until the
ground(s) for withholding payment have been remedied. The PA shall submit the final invoice
to the DISTRICT not later than one hundred and twenty (120) calendar days after the
Completion Date.
Upon the satisfactory completion of the Work, the DISTRICT will provide a written
statement to the PA releasing the PA from all claims against the PA or any of its agents and
employees, arising from or by reason of the work done and materials furnished hereunder.
Acceptance of the final payment shall be considered as a release in full of all claims against the
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DISTRICT, or any of its members, agents, and employees, arising from or by reason of the
DISTRICT's performance of this AGREEMENT.
N. Within sixty (60) calendar days after the expiration or termination of this
AGREEMENT, whichever is applicable, the PA shall provide the PARTIES with an accounting
of the expenditure of funds and shall reimburse to the PARTIES any portion of the funds plus
interest which have not been expended.
VII. DISTRICT RESPONSIBILITIES. DISTRICT shall:
A. Designate, in writing, a Representative and Alternates to attend all meetings of the
SUPPLIERS and to communicate DISTRICT's position on issues before the SUPPLIERS.
B. Include the PROJECT in the next revision, amendment, modification, or update of
the District Water Supply Plan within one hundred and eighty (180) calendar days of the
Effective Date of the Agreement to ensure that the Work and the PROJECT are eligible for
funding.
C. Identify any potential DISTRICT real property which could be utilized for the
PROJECT.
D. Provide technical support to the extent requested by the SUPPLIERS and within
the DISTRICT's budget and staff capability to provide.
E. Contribute financially in accordance with this AGREEMENT.
VIII. NOTICES. All notices provided for in this AGREEMENT shall be in writing and shall
be sufficient and deemed to be given when sent by certified mail or registered mail, return
receipt requested, on the date received by the PARTY upon which notice is given. All notices
shall be delivered or sent to the PARTIES at their respective address shown below or to such
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other address(es) as a PARTY may designate by prior written notice given in accordance with
this provision to the other PARTIES:
As to the CITY OF CASSELBERRY:
95 Triplet Lake Drive
Casselberry, FL 32707
Attention: Mr. Ed Torres, Public Works Director
As to the CITY OF DELTONA:
2345 Providence Boulevard
Deltona, FL 32725
Attention: Mr. Dave Denny, Public Works Director
As to the CITY OF MAITLAND:
1827 Fennell Street
Maitland, FL 32751
Attention: Mr. Timothy Rogers, Assistant Public Works Director
As to the CITY OF OVIEDO:
400 Alexandria Boulevard
Oviedo, Florida 32765
Attention: Mr. Josef Grusauskas, Utility Manager
As to the CITY OF SANFORD:
300 N. Park Avenue
Sanford, FL 32771
Attention: Mr. Paul Moore, Utility Director
As to the CITY OF WINTER SPRINGS:
1126 East State Road 434
Winter Springs, Florida 32708
Attention: Mr. Kipton Lockcuff, Public Works Director
As to ORANGE COUNTY:
9150 Curry Ford Road
Orlando, Florida 32825
Attention: Ms. Teresa Remudo-Fries, Deputy Director
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As to THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT:
Post Office Box 1429
Palatka, FL 32178-1429
Attention: Ms. Elizabeth Thomas, Senior Project Manager
IX. TERMS, AMENDMENT, TERMINATION.
A. The term of this AGREEMENT shall commence upon its complete execution by
the last of the PARTIES. Unless earlier terminated pursuant to the terms hereof, this
AGREEMENT shall remain in effect until completion of the deliverables set forth in the
negotiated Scope of Work or for a period of sixty (60) months, whichever occurs first. The
PARTIES may renew this AGREEMENT by giving written notice to each other of its intention
to do so at least one hundred and eighty (180) calendar days prior to the expiration date of this
AGREEMENT.
B. This AGREEMENT may be amended only upon agreement of the PARTIES.
Amendments shall be in writing and be signed by all PARTIES.
C. Any SUPPLIER may terminate its participation in this AGREEMENT, effective
upon the 9e calendar day after delivery of written notice to the PARTIES. Upon termination
of its participation in this AGREEMENT, a SUPPLIER shall be relieved of all obligations and
covenants under this AGREEMENT. Provided, however, that the obligation of a SUPPLIER to
participate in the funding of the Scope of Work for the services for which it has, by execution of
this AGREEMENT, affirmatively agreed to cost-share, pursuant to the formula set forth herein
as Exhibit 3, shall survive its termination for all work tasks authorized to the consultant(s) up to
the date the SUPPLIER gives its written notice of termination. During the period of notice of
termination is provided to all parties, the terminating party shall not be entitled to vote in any
manner.
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D. A SUPPLIER'S participation may be terminated in whole or in part by the
remaining SUPPLIERS in the event of substantial failure by a SUPPLIER to fulfill its
obligations under this AGREEMENT through no fault of the terminating SUPPLIERS, provided
that no termination may be effected until the alleged defaulting SUPPLIER is given: (1) not less
than thirty (30) calendar days written notice, and (2) an opportunity within the aforesaid thirty-
day period to consult with the other SUPPLIERS and cure the default. The process for
terminating a SUPPLIER shall be in accordance with the voting procedures described in
Paragraphs III.D. and III.E. If a SUPPLIER'S participation in this AGREEMENT is terminated
by the other SUPPLIERS, the terminated SUPPLIER shall be relieved of all obligations and
covenants contained in this AGREEMENT specified herein. Provided, however, that the
obligation of a SUPPLIER to participate in the funding of the Scope of Work for the services for
which it has, by execution of this AGREEMENT, affirmatively agreed to cost-share, pursuant to
the formula set forth herein as Exhibit 3, shall survive its termination for all work tasks
authorized to the consultant(s) up to the date the SUPPLIER's participation is terminated.
E. If for any reason during the term of this AGREEMENT, and through no fault of
the SUPPLIERS, local, regional, state, or federal governments, agencies, or courts shall fail to
issue necessary permits or grant approvals for the construction of the intake, treatment facilities,
and/or transmission systems, then to the extent that such requirements shall affect the ability of
any of the SUPPLIERS to perform any of the terms of this AGREEMENT, or substantially affect
any SUPPLIER'S ability to participate in Phase 2 and/or the construction of the PROJECT, the
affected SUPPLIER(S) shall be excused from the performance thereof. A new agreement may be
negotiated by the remaining SUPPLIERS in conformity with such permits, approvals, or
requirements. In the event a SUPPLIER(S) requests to be excused under the provisions of this
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Paragraph, the SUPPLIER(S) must meet the notification requirements under Paragraph IX.C and
must remain financially responsible for its cost-share of all work tasks authorized to the
consultant(s) up to the date the SUPPLIER gives its written notice of termination.
F. Upon termination of a SUPPLIER pursuant to Paragraph IX.D. above, the
remaining PARTIES to this AGREEMENT may complete the work without the assistance of the
terminated SUPPLIER. The SUPPLIERS completing the Work may fully utilize existing work
products in pursuing the completion of the Work.
G. The DISTRICT may terminate its participation in this AGREEMENT with or
without cause at any time in whole or in part for convenience upon ninety (90) calendar days
prior written notice to the other PARTIES. Any such termination shall be effected by delivery to
the other PARTIES of a Notice of Termination specifying the extent to which performance of
work under the AGREEMENT is terminated, and the date upon which such termination becomes
effective, which shall not be less than ninety (90) calendar days prior to the notice. Provided,
however, that the obligation of the DISTRICT to participate in the funding of the Scope of Work
for the services for which it has, by execution of this AGREEMENT, affirmatively agreed to
participate in Paragraph IV.B, shall survive its termination as to all funds approved by its
Governing Board prior to the effective date of termination. The DISTRICT's obligation to fund
its participation under this AGREEMENT is at all times contingent upon appropriation by its
Governing Board for each suceeding fiscal year.
H. In the event of (1) termination by DISTRICT or by one or more SUPPLIER(S)
and (2) the remaining PARTIES determine not to complete the Work, the PA shall conduct an
accounting of all actual and outstanding contract payment obligations owed to the consultant(s)
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as of the effective date of termination, and shall return any funding provided by the DISTRICT
and SUPPLIERS on a pro rata basis, for work which PA is not obligated to pay the consultant(s).
1. In the event that the PA desires to terminate its participation as PA or Contract
Administrator, it shall provide written notice to the PARTIES no later than one hundred and
eighty (180) calendar days prior to the effective date of termination. The PA shall provide a final
accounting of all expenditures, deliverables and account information in accordance with
Paragraph III.H.
X. LIABILITY AND INSURANCE.
A. Neither this provision nor any other provision in this AGREEMENT shall be
construed as a waiver of sovereign immunity, beyond that provided in Section 768.28, Florida
Statutes, by any local government SUPPLIER or the DISTRICT.
B. All contracts and subcontracts for any work described in the negotiated Scope of
Work shall include hold harmless and indemnification provisions to protect all of the PARTIES
in a form acceptable to all of the PARTIES. The consultant(s) and subconsultant(s) shall provide
evidence of said hold harmless and indemnity prior to commencement of work and access to any
of the property of the PARTIES.
M. OWNERSHIP OF DOCUMENTS. Ownership and copyright to all reports and all
accompanying data (in all formats) produced pursuant to work done under this AGREEMENT
shall be vested in the PARTIES. Any source documents or any other documents or materials
developed, secured or used in the performance of this AGREEMENT shall be considered
property of the PARTY from which such documents or materials originated.
XH- ENTIRE AGREEMENT. This AGREEMENT, including exhibits, constitutes the
entire agreement among the PARTIES pertaining to the subject matter hereof, and there are no
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warranties, representations or other agreements in connection with the subject matter hereof,
except as specifically set forth herein.
XIII. SEVERABILITY. If any provision of this AGREEMENT is found by a court of
competent jurisdiction to be invalid, it shall be considered deleted herefrom, and shall not
invalidate the remaining provisions. However, this provision shall not apply to the voting
mechanism, the funding cap applicable to SUPPLIERS, and the Summary Scope of Work
attached hereto and incorporated herein as Exhibit 1.
XIV. ASSIGNMENT. No assignment, delegation, transfer or novation of this AGREEMENT
or any part hereof shall be made unless approved in writing by the PARTIES.
XV. DISCLABIER OF TBIRD PARTY BENEFICIARIES. This AGREEMENT is
solely for the benefit of the PARTIES and no right or cause of action shall accrue to or for the
benefit of any third party not a formal party hereto. Nothing in this AGREEMENT, expressed or
implied, is intended or shall be construed to confer upon or give any person or corporation other
than the PARTIES any right, remedy, or claim under or by reason of this AGREEMENT or any
provisions or conditions hereof; and all of the provisions, representation, covenants and
conditions herein contained shall inure to the sole benefit of and shall be binding upon the
PARTIES.
XVI. EXCLUSIVE PERMITTING AUTHORITY OF DISTRICT RETAINED. Nothing
in this AGREEMENT shall be construed to impede, interfere with, or supersede the exclusive
authority of the DISTRICT under Part II, Chapter 373, Florida Statutes, to permit the
consumptive use of water, and no rights are created as a result of this AGREEMENT, the
expenditure of funds provided herein, or any work performed hereunder through which the
SUPPLIERS may claim any entitlement or rights to the consumptive use of water. In addition,
-22-
nothing in this AGREEMENT may be construed as requiring or compelling any SUPPLIER to
develop the water supply facilities identified for the PROJECT.
XVH. PROPERTY RIGHTS. Nothing in the AGREEMENT shall be interpreted to impede,
interfere with, modify, construe, or waive the private property rights or land ownership rights of
the PARTIES.
XVHL INTENT REGARDING FUTURE DEVELOPMENT OF WATER SUPPLY
SOURCE. Acknowledging that no specific quantity of water is guaranteed by funding and
participating in the development of the Work, the SUPPLIERS express their intent that their
funding and participation allows each SUPPLIER the opportunity to participate in the
development of waxer from one or more water supply sources arising out of the PROJECT as
determined by one or more agreements of the SUPPLIERS entered into subsequent to this
AGREEMENT, which each SUPPLIER agrees to negotiate in good faith. The SUPPLIERS
further express their intent that entities that have not funded and participated in this
AGREEMENT as a SUPPLIER, or who terminated their participation in this AGREEMENT,
will not be allowed the opportunity to access water developed from any water supply source
arising out of the PROJECT, or otherwise participate in the development of a water supply
source resulting from the PROJECT, unless the SUPPLIERS determine, following the voting
processes specified herein, that such participation is advisable under such terms as the
SUPPLIERS deem appropriate.
XDL CONFLICTS OF INTEREST. Nothing herein shall prevent a SUPPLIER from raising
conflict of interest issues in other matters.
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30C NUSCELLANEOUS PROVISIONS.
A. This AGREEMENT and the rights and obligations of the parties are to be
governed by, construed and interpreted in accordance with the laws of the State of Florida. In
the event of any legal proceedings arising from this AGREEMENT, venue for such proceedings,
if in state court, shall be in the Ninth Judicial Circuit of Florida, and if in federal court, shall be
in the Middle District of Florida, Orlando Division.
B. The PARTIES, their employees, subcontractors and assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance of this
AGREEMENT.
C. The PARTIES to this Agreement, understanding that the nature of this type of
project regarding water supply issues is of the utmost public interest and concern and exposes the
PARTIES to public records requests and mandated responses, hereby covenant and agree that all
SUPPLIERS and the DISTRICT are subject to the public records laws pursuant to Chapter 119,
Florida Statutes, with regard to their participation in this project and that each PARTY shall
comply with public records requests pursuant to Chapter 119, Florida Statutes, with regard to the
information, documents, and materials related to the Project herein. Should any PARTY assert
any exemption to the requirements of Chapter 119 and related statutes, the burden of establishing
such an exemption, by way of injunctive or other relief as provided by law, shall be upon that
PARTY.
D. Pursuant to Section 216.347, Florida Statutes, the PARTIES shall not expend any
funds under this AGREEMENT to lobby the Legislature, the judicial branch, or any state
agency.
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E. The PARTIES hereby assure 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 be otherwise subjected to discrimination in any activity under this AGREEMENT. The
PARTIES shall take all measures necessary to effectuate these assurances.
F. The CITY OF SANFORD'S Site 10 is one of the potential sites to be
evaluated for implementation of the PROJECT. The CITY OF SANFORD
("SANFORD") will grant reasonable access to Site 10 to the consultant(s) and the
SUPPLIERS for the purposes of conducting evaluation of PROJECT feasibility only and
only at times that do not interfere with activities of SANFORD and SANFORD will
provide available documentation, as needed and as readily available to SANFORD, to
evaluate the PROJECT feasibility. If Site 10 is ranked as the best, most cost-effective
site for the PROJECT, SANFORD agrees to make the area identified by the consultant(s)
reasonably available as aforesaid to the SUPPLIERS as long as the use of such area does
not interfere with SANFORD's use of the site and agreement is reached among the other
SUPPLIERS with SANFORD on the cost, terms and conditions of the real estate
transaction. Before access to the site is granted, the consultant(s) must submit workers
compensation; general liability and automobile; information to SANFORD for approval
and such approval must be obtained in writing by SANFORD's insurance office before
access to Site 10 is granted. The insurance information shall include the following:
Workers Compensation/Employer Liability, Comprehensive General Liability, and
Professional Liability together with certificates of insurance including SANFORD as an
additional insured and evidencing that all such insurance is in effect prior to entry to Site
10.
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G. The PARTIES acknowledge that each PARTY and its legal counsel have
participated in the negotiation of this AGREEMENT. This AGREEMENT shall be
construed without regard to any presumption or other rule requiring construction against
the PARTY causing the AGREEMENT to be drafted.
IN WITNESS WHEREOF, the following authorized representative of the SUPPLIERS
and DISTRICT have executed this AGREEMENT on the date signed by each.
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CITY OF CASSELBERRY, FLORIDA
B : �-
Charlene Glancy. MayoMCommissioner
t' i ; f 7 Ll
Attes L ! , f �-
Donna G. Gardner, CA/IC. City Clerk
Date: n ? L `�
1
Approved by: ���`��
City Attorney
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CITY OF DELTONA, FLORIDA
B
Dennis Mulder, Mayor
Attes
Faith G. Miller, MMC
City Manager /City Clerk
Date: — f 9
Approved by:
C' y Attorney
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CIT'V O LAND. FLORIPA -- -
Bv:
Do u<Ji4s T Itinsor. Vlavor
Attest:
Maria . %aldrou. Cin. (: Ieri,'-
Date: 'y / _?
kporoved by: C�
Cite Attom
I
-)q-
CITY OF OVIEDO, FLORIDA
By: A&4u sue. ,�,�+/
Mary L" An rews, Mayor
Attest: xle
Bafbara Barbou City Clerk
Date: '� ` � o f
Approved by
City Attorney
-30-
CITY OF SANFORD , FLORIDA
By: �---�—
Linda Kuh . yiavor
Att est:
Janet R. Dougherty, City derk U
Approved by:
City Attorney
/ tid i c- fJ - U / AO o j
-31-
CITY OF WINTER SPRINGS. FLORIDA
By:
Jo F. Bush, Mayer
Attest:`
i "dre;a Lorenzo - Luaces, MMC, City Clerk
Date: Aptil 17, 2009
l
Approved by:
City Attorney
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GRANGE COUNTY, FLORIDA
By: Board of County Commissioners
By: /� A.Gz•�. —..�.�
and T. Crotty, County Mayor
Attest:
Martha, Haynie, County Comptroller
As Clerk to the Board of County Commissioners
Date: MAR 2 4 2009
5*11
ST.JOHNS RIVER WATER
MANAGEMENT DISTRICT
By: . t,'—
Kirby B. een, III, xecutive Dire for
Attest:
Date: /o - 5 - - /
Approved by:
Assi nt Ger Co el
-34-
Exhibit 1
Summary of Scope of Work
for the
Alternative Water Supply Project Near State Road 46 In Seminole County
Introduction
This draft scope of work (SUMMARY VERSION) for the Alternative Water Supply Project
Near State Road 46 in Seminole County (Project) has been prepared as an attachment to the
Memorandum of Agreement (Agreement) and will be included in a Consultant Request for
Qualifications (RFQ) package.
This SUMMARY VERSION is presented in two phases as follows:
Phase 1, including:
o Task A - Conceptual Design Report
o Task B - CUP Application Development
• Phase 2, including:
o Task C - Permitting
o Task D - Preliminary Design Report
o Task E - Environmental Information Document
It is currently envisioned that this SUMMARY VERSION will be administered in large part by
the City of Oviedo (OVIEDO). However, all key contractual and technical decisions will be
made by the SUPPLIERS per the Agreement entered into by the PARTIES.
The selected consultant (Consultant) must be qualified to perform all the work summarized
herein. However, the Consultant will only perform those tasks or portions of tasks that have
been specifically authorized by the SUPPLIERS. The Consultant will provide for the efficient
and effective management of the Project including, but not limited to: conducting and facilitating
various types of meetings, developing agendas and meeting minutes, developing and updating
work plans and schedules, organizing and conducting workshops, producing interim and final
deliverables, establishing communications protocols, cost and schedule control, change
management and quality control/quality assurance. Monthly Project Status Reports will be
provided to the SUPPLIERS.
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PHASE 1
Task A - Conceptual Design Report
Assemble SUPPLIER Information
The SUPPLIERS will supply the Consultant with annual average day water demand projections,
desired from the Project, in five year increments through year 2030. Each SUPPLIER will also
provide: (1) water supply demand variations for the Consultant to use; (2) facilities information,
including existing plant locations and potential connection points with each SUPPLIERS' water
distribution systems; (3) treatment, and/or storage facilities. Each SUPPLIER'S finished water
quality data shall be provided, which shall be sufficient to fully characterize the quality of the
product water currently being delivered by the SUPPLIER.
The Consultant will not be responsible for evaluating, supporting nor required to meet with the
District to discuss the SUPPLIERS' requested demands for the PROJECT unless so authorized
by the SUPPLIERS as part of Phase 2.
Establish Water Delivery Goals
Working closely with the SUPPLIERS, the Consultant will develop water quality goals for the
water to be delivered to the SUPPLIERS. The SUPPLIERS will also provide required delivery
pressures at connection points. The SUPPLIERS will be responsible for determining the
hydraulic adequacy of their existing transmission and/or distribution systems to accept water
from the Project.
Raw Water Quality Investigations
The Consultant will investigate the raw water quality of the source water. An extensive search
will be conducted to locate and assemble all useful water quality and daily stream flow data into
a single database. All existing water quality data important to surface water treatability and raw
water blending will be assembled. Since it is expected that there is adequate quality data
available, no testing will be conducted by the Consultant. Once the database is complete, a
comprehensive analysis of the data will be conducted to provide pertinent statistical data relating
to establishing constituent variability and interrelationships sufficient to form the basis for future
source blending and treatability studies and the conceptual and preliminary designs of the
Project.
Source Blending and Treatability Studies
The Consultant will assemble data and information from all previous surface water treatability
studies and pilot projects completed to date in the middle or upper St. Johns River basin. The
results included in these previous investigations will be incorporated into this evaluation where
appropriate. New treatability or pilot studies are not included in this Scope of Work. The
Consultant will also collect and evaluate treatment designs being utilized for other surface water
projects, such as the Seminole County Regional Treatment Plant at Yankee Lake or the St. Johns
River/Taylor Creek Reservoir Water Supply Project and other outside sources. These designs
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could be applicable to the treatment processes required for this Project. The Consultant will
identify and recommend if other more appropriate, proven treatment technologies are applicable
to the Project. The SUPPLIERS will be required to select the treatment process for the Project.
The Consultant will establish the proposed finished water quality that may reasonably be
expected from the recommended surface water treatment processes.
The SUPPLIERS will be responsible for determining additional water quality adjustments or
treatment necessary to blend the agreed upon quality of the delivered water from this Project into
their distribution systems.
Water Resource Evaluation
The Consultant will perform an evaluation to determine the availability of water for public water
supply near State Road 46. The Consultant will collect and consider existing and pending
Consumptive Use Permits (CUPS). The Consultant will utilize hydrologic models available from
the St. Johns River Water Management District (District). Development of new models is not
included in the Scope of Work. The Consultant will use the District's hydrologic model and
other water budget or yield availability models developed by the District to estimate water
fluctuations and quantities of water available on a daily and seasonal basis to be withdrawn
without adversely impacting the environment. The Consultant shall also estimate the daily raw
water quality for pertinent constituents associated with the daily available flows. The yield
availability analysis shall consider Minimum Flows and Levels already established or being
proposed by the District that may have a potential impact upon Project withdrawals. This
analysis shall also consider other pertinent environmental considerations as established by the
Consultant through coordination with the SUPPLIERS.
The water resource evaluation shall consider various raw water diversion and demand scenarios.
These scenarios shall be used to estimate the range of potential annual average and 1-in-10 year
yields and corresponding reliabilities. The Consultant shall calculate and consider the additional
raw and/or treated water storage required to improve the reliability of these scenarios to a
standard determined and agreed upon by the SUPPLIERS. The Consultant will follow up on the
cumulative withdrawal impact study being undertaken by the District; keep the SUPPLIERS
informed of its progress; and incorporate applicable findings into the water resource evaluation
as directed by the SUPPLIERS. The results of the water resource evaluation will be incorporated
into the alternatives analysis and in support of the CUP(s) for the Project.
Concentrate Management Evaluation
Advanced treatment processes that produce a liquid residual, also known as concentrate, are
potential treatment processes for this Project. The Consultant shall identify and summarize
potential concentrate management options for this Project, including blending with
reclaimed/stormwater from Sanford's Site 10, if required by the preferred treatment process.
The Consultant shall collect and consider all existing or current studies on concentrate
management within the central Florida region. The Consultant shall summarize the permits
required for each concentrate management option and identify the information and analyses
required in support of these permits. This evaluation shall include a fatal flaw analyses to
determine the feasibility of each option.
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r ?
Siting Studies
Where new water treatment plants or new raw, product, or finished water transmission pipelines
or storage facilities are required, the Consultant will investigate potential sites and alternative
transmission pipeline routings between all potential origin points and all potential destination
points. A study area and number of sites to evaluate will be established with the SUPPLIERS.
The water treatment plant evaluation shall consider the City of Sanford's Site 10 property among
others. The Consultant shall consider raw water reservoirs and/or Aquifer Storage and Recovery
(ASR) as seasonal storage options. At a minimum, each of the potential sites and routings will
be characterized in terms of. adequacy, availability, reliability, ownership and estimated
acquisition cost; potential environmental impacts and permitting requirements; potential conflicts
and ease of construction; and public acceptance.
Where SUPPLIER-owned facility sites or corridors are proposed for use, the Consultant will
evaluate these sites for adequacy.
Conceptual Design
The Consultant shall develop and evaluate up to three conceptual alternatives based upon a raw
water intake(s) being located in the SUPPLIER-developed study area. It is anticipated these
alternatives may include the following:
1. Raw water intake(s), pumping, and storage with delivery of raw water to each of the
SUPPLIERS for treatment at their own treatment facilities.
2. Raw water intake(s), storage, centralized treatment facility, blending of residuals with
reclaimed/stormwater, and delivery of finished potable water to each SUPPLIER.
3. Raw water intake(s), storage, centralized treatment facility, blending of residuals with
reclaimed/stormwater, and delivery of reclaimed/stormwater or lower quality product
water to each SUPPLIER.
The Consultant shall determine the preliminary estimated costs to design, construct, and operate
the facilities for each of the alternatives and the aerial extent of the property needed for each
alternative. The potential environmental impacts of each alternative or the selected alternative
will be evaluated in subsequent tasks.
Alternatives Generation, Evaluation and Selection
The SUPPLIERS envision that the three alternatives generation, evaluation and selection will be
predicated upon the following three primary criteria: environmental evaluations; water
availability and reliability; and cost.
Recommended Alternative Conceptual Plan Final Report
The conceptual plan final report will provide a complete summary of the recommended plan.
The recommended plan will be fully described in sufficient detail to proceed with permitting and
preliminary design.
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Task B - CUP Application Development
The Consultant will perform an evaluation of the CUP permitting requirements for the
withdrawal of surface water as determined in the Conceptual Plan. The requirements shall be
reviewed with the SUPPLIERS. The SUPPLIERS will provide the Consultant with the
supporting documentation necessary to meet the permitting requirements such as projected water
demands, historic water use, land-use plans, zoning maps, comprehensive plan elements,
conservation plans, and non-potable and reclaimed water plans. Demonstration of need will be
the responsibility of the SUPPLIERS.
Using the supporting information provided by the SUPPLIERS, the Consultant may prepare a
single CUP application or multiple CUP applications for the Project on behalf of the
SUPPLIERS for submission to the District, if authorized to do so by the SUPPLIERS. The
permit application(s) will be based on the yield and reliability of the alternative selected by the
SUPPLIERS as part of the Conceptual Plan. The Consultant will perform the impact evaluation
required in support of the CUP(s) based on the water resource evaluation performed as part of
the development of the Conceptual Plan.
During development of the CUP(s), the Consultant shall monitor and review studies or reports
being implemented by the District regarding surface water sources and report to the
SUPPLIERS, as appropriate. The Consultant will summarize the results of the reviews and
evaluations and present a report outlining the findings and recommendations.
PHASE 2
Task C - Permitting
Consumptive Use Permitting
In the event the Consultant is authorized by the SUPPLIERS to prepare the CUP(s)
application(s), upon their submittal, the Consultant shall be the permitting agent for the
SUPPLIERS and lead all permitting activities associated with the permitting process including,
but not limited to, development of responses to Requests for Additional Information, preparing
for and facilitating meetings with the District, and permit negotiations. The Consultant will
perform additional impact, water resource, and environmental assessments or evaluations as
required by the District in support of the CUP(s). Additional analyses required in support of the
SUPPLIERS' CUP(s) as a result of District studies shall be incorporated, as appropriate.
Additional information not related to modeling or impacts that may be required will be the
responsibility of the SUPPLIERS.
Concentrate Management Permitting
Based on the treatment process selected by the SUPPLIERS in the Conceptual Plan, a permit
related to concentrate management may be required to secure the CUP(S). This task includes all
work required for issuance of the concentrate management permit, if required for the CUP(s).
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t r
In order to secure a concentrate management permit, the Consultant may be required to perform
additional design or evaluations to further characterize the water quality of the concentrate.
Furthermore, additional modeling and/or impact evaluations may be required to be completed by
the Consultant. Using the information developed, the Consultant shall prepare a concentrate
management application for the Project on behalf of the SUPPLIERS for submission to the
appropriate regulatory agency, if authorized to do so by the SUPPLIERS.
The Consultant shall be the permitting agent for the SUPPLIERs and lead all permitting
activities associated with the permitting process including, but not limited to, development of
responses to Requests for Additional Information, preparing for and facilitating meetings, and
permit negotiations.
Task D - Preliminary Design
Project Procurement, Delivery and Financing
The selected conceptual design alternative will be further defined and described in terms of
phasing, Project delivery options and financing opportunities and options. Phasing options to be
investigated will include construction of the entire Project in one or more phases, or the
construction of certain major components (e.g. pipelines) in a single phase with construction of
other components (e.g. treatment plants) in multiple phases.
In addition, the various PROJECT delivery options will also be fully explored and evaluated by
the Consultant. Many variations on these main delivery models can be formulated, such as
public-private partnerships, design/build/operate, design/build or privatization. The Consultant
will investigate all viable Project* delivery and financing options, as applicable. All funding
options potentially available for each Project delivery option will be fully explored and
evaluated. These will include grants, local funding, state and federal funding, as well as private
investment. The Consultant will document recommended Project phasing, Project delivery
method, financing option and a proposed implementation schedule.
Recommended Alternative Plan Final Report
The Consultant will prepare a final report to provide a complete summary of the recommended
plan based on the Supplier-selected alternative, permitting activities, and implementation. The
Final Plan shall make any recommendation on additional studies or testing that will be required
in support of the preliminary design. At the SUPPLIERS request, the Consultant will perform
these additional studies or tests for inclusion in the preliminary design documents.
Preliminary Design Documents
The Consultant will be responsible for preparing preliminary design documents consisting of
preliminary drawings, outline specifications, cost estimates, and implementation schedules for
the SUPPLIER-selected Project alternative.
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Task E - Environmental Information Document (EID)
The National Environmental Policy Act of 1969 (NEPA) is the nation's charter for
environmental protection and as such, establishes policy, sets goals, and provides the means for
carrying out this policy. Major federal actions that have a significant effect on the environment
are subject to NEPA. Federal action may occur through a federal funding mechanism or
regulatory action, such as section 404 permitting by the United States Army Corps of Engineers.
If NEPA applies, as a part of the NEPA process applicants must prepare an Environmental
Information Document (EID) that describes the Project and evaluates its environmental effects.
This document should also describe other alternatives that were considered including a `No
Action' alternative. The EID should be reviewed for comment by a number of state and federal
agencies prior to submittal. Agency comments, along with public comments, should be included
in the EID.
If the Project is found to have no significant effect, then the lead federal agency will document
their findings with the preparation of an Environmental Assessment (EA) and issue a Finding of
No Significant Impact (FONSI). If the lead federal agency review cannot support a FONSI, then
an Environmental Impact Statement (EIS) must be prepared. A well-prepared EID will provide
the basis for the preparation of the EIS, if needed. If an EIS needs to be prepared, alternatives to
mitigate impacts to affected environmental resources will need to be further examined and
additional consultation may need to occur with other federal and state agencies that have
jurisdiction over specific environmental resources.
Public participation must also be included in the Project planning process. One or a series of
public meetings should be held to present the Project to the public and discuss both the
environmental and financial impacts. A record of the public meeting/hearing and proof of
advertising should be included in the EID.
It is not known at this time whether the Project will involve a major federal action significantly
affecting the environment so as to render it subject to NEPA. However, even if not subject to
NEPA, environmental information is needed for the CUP process. In order to maximize the
potential for the Project to qualify for federal, state, and local funding and to provide for
environmental considerations in the CUP review process, it is expected that the Consultant will
integrate the preparation of an EID, if needed, into the preliminary design evaluation and that
they should be submitted as one document. In addition, both documents should be "tiered" in
order to "to eliminate repetitive discussion of the same issues and to focus on the actual issues
ripe for decision at each level of environmental review" (40 CFR1508.28 and 1502.20). The
scope of the EID shall be sufficient to provide the information necessary for the preparation of an
EIS should it be determined necessary during the process without further work or analysis.
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r '' r
Exhibit 2
Consultant Procurement Procedure
1. Development of Consultant Evaluation Criteria
• The Evaluation Team, consisting of one representative from each SUPPLIER,
shall meet and develop the criteria to be used for ranking consultants. The project
administrator (PA) shall designate a contract administrator (CA) to implement its
procurement activities and shall be present and may participate in the discussion.
II. Development of Other Elements of Solicitation Package
• The PA shall develop the draft agreement with the Consultant in accordance with
PA's standard template for engineering services, with assistance from the
PARTIES. Modifications may be made as necessary to adapt to the specific
requirements of this solicitation.
• The PA shall develop other elements of the solicitation package in accordance
with the PA's procedures for a Request for Qualifications (RFQ), with the
exception of the Statement of Work which shall be developed by the Evaluation
Team. The Statement of Work to be included in the solicitation package shall
cover in as much detail as possible the requirements of the solicitation, subject to
modification and enhancement as a result of information gained during the
consultant selection process. The PA's procedures shall be consistent with those
of section 287.055, Florida Statutes.
M. OVIEDO Advertisement of Solicitation
• The procurement will proceed in accordance with OVIEDO RFQ procedures and
section 287.055, Florida Statutes, provided, however, that in the event federal
funds are utilized, the notice shall include any additional advertisement or
notification requirements necessary to meet the criteria set forth in 40 CFR
section 31.36.
• The procurement shall be advertised in accordance with OVIEDO procedure
• Upon advertisement, evaluators may not discuss the project with any prospective
respondents. Any such contact should be referred to the CA.
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• All questions regarding the solicitation should be referred to the CA.
• The CA shall prepare any necessary addenda.
IV. Evaluation of Submittals and Development of the Short List for Interviews
• The CA shall receive and screen submittals for responsiveness and responsibility
(showing that the minimum qualifications of the solicitation have been met). The
CA may request respondent(s) to supplement their submittals with information
necessary to make it responsive or responsible. The CA shall distribute
submittals to the PA and the Evaluation Team for review. The Evaluation Team
members shall prepare their preliminary scores of the submittals in accordance
with the evaluation criteria.
• The CA and Evaluation Team shall meet at a noticed public meeting to develop a
ranking of the submittals and determine the number of respondents to be
interviewed. SUPPLIER representatives and alternates may participate. The CA
(or designee) shall conduct the meeting. There shall be no participation by
respondents or members of the public.
o Prior to discussing the ranking of respondents, the CA shall discuss with
the SUPPLIERS the elimination from further consideration of any
submittals that are not responsive or responsible. The final decision
regarding whether a submittal is responsive or responsible shall be made
by the CA.
o After making this determination, the meeting shall have an open
discussion of the submittals, scoring consistency, preliminary scores by
Evaluation Team members, and which respondents best meet the needs of
the procurement. The discussion need not be limited to the information
contained in the submittals. Additional information that participants may
have regarding respondents may be shared with others at the meeting.
o The meeting shall then recess so that Evaluation Team members may
prepare and submit their scores, which may be modified based upon
discussion at the meeting. Evaluation Team members shall have the
necessary delegated authority to submit their scores at this meeting.
o The meeting shall reconvene and scores shall be submitted to the CA, who
shall tabulate the scores and prepare the ranking of respondents, indicating
the score for each respondent. Scores shall be weighted in accordance
with the percentage contribution of each SUPPLIER, as set forth in
Exhibit 3. The CA shall tabulate the scores and announce the results.
o The Evaluation Team shall then determine the number of respondents to
be interviewed (The Short List.)
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V. Interviews and Final Scoring
• The proposed dates of the interviews shall be stated in the solicitation package.
The interviews shall be conducted at a noticed public meeting. The questioning
shall be conducted by the CA and Evaluation Team, and shall be limited to one
representative from each SUPPLIER The CA (or designee) shall conduct the
meeting.
Interview questions may include anything pertaining to the qualifications of
respondents to successfully perform the Statement of Work. The discussion may
include how the respondents would approach performance of the project,
including suggestions as to how the Statement of Work may be modified or
expanded, but should focus upon the qualifications of the respondents to perform
the work.
• At the completion of the interviews, the Evaluation Team shall submit their scores
to the CA. The previous scores shall not be utilized. Then, the CA shall tabulate
and present the final ranking to the Evaluation Team.
VI. Competitive Negotiations
• The CA shall provide notice of the ranking to all respondents. The CA shall
check references for those firms on the short list.
• The PA shall have the authority to take final action and enter into a contract with
the firm that is ultimately selected.
• In the event it is determined by the CA that there are procedural infirmities in the
selection process, the matter shall be referred back to the Evaluation Team for
further action.
• Upon approval of the final consultant ranking, competitive negotiations shall
commence with the top-ranked firm. The PA, Evaluation Team, and CA, shall
conduct the negotiations at a noticed public meeting. The decision to accept or
reject the top-ranked firm shall be made by the Evaluation Team, with each
member having a vote that is in accordance with the MOA.
• If the negotiations with the top-ranked firm are successful, the PA shall thereafter
have the authority to enter into a contract with the successful respondent. If the
negotiators conclude that the negotiations with the top-ranked firm have not been
successful, the results of these negotiations shall be reported to the PA, which
shall have the authority to enter into negotiations with the second-ranked firm, as
provided above, and thereafter enter into a contract with the second-ranked firm.
A similar procedure shall be applied if negotiations with successive firms are not
successful.
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a
• The terms of the contract between PA and the successful respondent shall be
reviewed and approved in accordance with the PA's procedure.
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Exhibit 3
Formula for Allocating Costs and Cost Distribution
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