HomeMy WebLinkAboutSt. John's River Water Management District MSJRB Solary Canal Regional Stormwater Treatment Facility - 2011 08 10 ,
Contract #25463
Amendment #1
Encumbrance #S003681
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE ST, JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF WINTER SPRINGS FOR
MSJRB SOLARY CANAL REGIONAL STORMWATER TREATMENT FACILITY
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT ( "District "), whose mailing address is 4049 Reid Street, Palatka,
Florida 32177, and the CITY OF WINTER SPRINGS ( "the City "), whose address is 1126 East SR 434, Winter
Springs, Florida 32708, and is effective on the date the last party has executed same.
WHEREAS, the parties entered into Agreement No. 25463 on December 22, 2009, ( "Agreement ")for
MSJRB Solary Canal Regional Stormwater Treatment Facility ( "Facility"); and
WHEREAS, the construction of the Facility is almost complete, but due to the unanticipated
development of increased upward flow of groundwater at a portion of the site, it has been necessary to redesign
the Facility; and
WHEREAS, due to the delay involved with investigating site conditions and completing the re- design
process, it was necessary for the City to terminate the contract with its construction contractor; and
WHEREAS, the District has agreed to assume responsibility for completing construction of the Facility
on an expedited basis in accordance with the agreed upon redesign plans; and
WHEREAS, the parties have developed a revised Statement of Work, including a "Schedule of
Values," for the construction and maintenance of the Facility, which is attached hereto as Exhibit A -1; and
WHEREAS, the Schedule of Values in the revised Statement of Work reflects that the City has
completed deliverables valued at $1,252,718.89, subject to submission of an invoice documented in accordance
with the requirements of this Agreement, leaving $447,281 as the remaining balance to be expended from the
$1,700,000 originally provided for in the Agreement; and
WHEREAS, this remaining balance will be removed from the Agreement so that it may be utilized by
the District for completion of the Facility; and
WHEREAS, under the revised Statement of Work, the Schedule of Values estimates that an additional
$501,900.00 will be needed to complete the Facility, leaving a potential shortfall of $54,619; and
WHEREAS, under the revised Statement of Work, the District is responsible for completion of the
Facility, including any cost overruns reflected in the Schedule of Values, while the City remains responsible
through its contract with CH2M Hill for: (1) obtaining the deliverables from CH2M Hill involving the
calculations of total phosphorus reduction under the revised design; (2) preparation of the final revised design
plan, and (3) certification of the as-built drawings when the Facility is completed; and
WHEREAS, the parties desire to amend the Agreement to reflect the above considerations and provide
for completion of the Facility in accordance therewith.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and the above
premises, which are hereby made a part of this Agreement, and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereby agree to the following amendments:
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Contract #25463
Amendment #1
Encumbrance #S003681
1. ARTICLE I, Paragraph A, Sub - paragraph 2 — Completion Date; Delete the first sentence and replace it
with the following:
2. Completion Date. The Completion Date of this Agreement shall be no later than December
31, 2012, unless extended by mutual written agreement of the parties or pursuant to Article
VIII, Paragraph J of this Agreement.
2. ARTICLE II, Paragraph A — Deliverables, is modified to read as follows:
A. The Work is specified in the Revised Statement of Work, Exhibit A -1. The City is
responsible for the professional quality, technical accuracy, and timely completion of those
aspects of the construction of the Facility that have been completed prior to the
commencement of construction by the District's contractor. In addition, the City is
responsible for obtaining the remaining deliverables under its contract with CH2M Hill,
including: (1) calculations of total phosphorus reduction under the revised design; (2)
preparation of the final revised design plan, and (3) certification of the as-built drawings when
the Facility is completed. The District is responsible for completion of construction of the
Facility in accordance with the Revised Statement of Work, including any cost overruns. The
workmanship and materials of the deliverables required of each party shall be of good
quality. The parties shall, if required, furnish satisfactory evidence as to the kind and quality
of materials provided. Unless otherwise specifically provided for herein, the parties shall
provide and pay for all materials, labor, and other facilities and equipment necessary for
performance of the Work for which they are responsible. The parties' Project Managers shall
make a final acceptance inspection of the other parties' deliverables when completed and
finished in all respects.
3. ARTICLE II, Paragraph B — Progress Reports; Delete the first sentence and replace it with the
following:
B. Progress Reports. The City shall submit quarterly progress reports to the District's Project
Manager in a form approved by the project manager.
4. ARTICLE III, Paragraph A — Amount of Funding; Delete the first sentence and replace it with the
following:
A. Amount of Funding. For satisfactory performance of the Work, the District agrees to pay the
City an amount not to exceed $1,252,718.89 (the "Total Compensation "), as further described in
the Revised Statement of Work, which represents a reduction of $447,281.11 from the original
contract amount of $1,700,000.
5. ARTICLE III, Paragraph B — Payment of Invoices, Sub - paragraph (a); Delete the first sentence and
replace it with the following:
(a) The City shall submit quarterly itemized invoices by one of the following two methods: (1) by
mail to the St. Johns River Water Management District, Director, Division of Financial
Management, 4049 Reid Street, Palatka, Florida 32177, or (2) by e-mail to
acctpay(asjrwmd.com.
6. ARTICLE VIII, Paragraph R — Total Maximum Daily Load (TMDL) Credit; Delete this paragraph and
replace it with the following:
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Contract #25463
Amendment #1
Encumbrance #S003681
R. Total Maximum Daily Load (TMDL) Credit. The original Project design, as confirmed by
the Lake Jesup Basin Management Action Plan, was to provide an estimated 942 pounds per
year of phosphorous removal from Lake Jesup. Based on the revised design plans and
calculations, the parties agree that the project will provide fewer estimated pounds per year of
phosphorous removal from Lake Jesup. The parties further agree that all annual TMDL credits,
as determined by FDEP, are available to be split by the City and its partners, if any. The City
and its partners, if any, remain solely responsible for maintenance of the Facility after
completion.
7. Exhibits "A" through "D" are hereby modified as follows:
The current Statement of Work is hereby deleted and replaced with the Revised Statement of
Work attached hereto as Exhibit "A-1".
The current Monthly Progress Report Form is hereby deleted and replaced with the Quarterly
Progress Report Form attached hereto as Exhibit `B -1 ".
The current City of Winter Springs Bid Form is hereby deleted and replaced with the Revised
Schedule of Values attached hereto as Exhibit "C -1 ".
The current Project Site, Plan (Exhibit D) is hereby deleted.
8. All other terms and conditions of the original Agreement, including any subsequent amendments, are
hereby ratified and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth
below.
ST. JOHNS RIVER WATER CITY OF WINTER SPRINGS
MANAGEMENT DISTRICT
By: � /ia . By:
Kirby : ►. -1 I N.t, xecutive .' rector (or designee)
Kevin L. Smit , City Mana;er
Typed Name and Title
Date: S ' 1 7 - // Date: August 10, 2011
Documents attached:
Exhibit "A -1 "— Revised Statement of Work
Exhibit "B-1" — Quarterly Progress Report Form
Exhibit "C -1" — Revised Schedule of Values
Last updated: 1 -3 1 -1 1
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Contract #25463
Amendment # 1
Encumbrance #S003681
EXHIBIT "A -1 REVISED STATEMENT OF WORK
CONSTRUCTION AND MAINTENANCE OF THE SOLARY CANAL REGIONAL
STORMWATER TREATMENT FACILITY
1. INTRODUCTION and BACKGROUND
One of the missions of the District as outlined in the Middle St. Johns River Basin Surface Water
Improvement and Management Plan is to improve the water quality in the Lake Jesup Basin through retrofit
projects. The Solary Canal Project was identified in the Basin Management & Treatment Alternatives study,
prepared in 2001, as one of several high priority tributaries targeted for stormwater treatment and flood
protection improvements.
The 29.4 -acre project site is located within the City of Winter Springs (City) and is south of Lake Jesup,
within the Solary Canal Sub -basin. The Solary Canal Sub -basin consists of approximately 1,639 acres and is
one of the most developed areas of all the sub -basins located in the southem Lake Jesup basin. Currently, no
treatment exists in the Solary Canal Sub -basin and no regional treatment exists on the south side of the lake.
The Solary Canal flows through the Project Site and is the main conveyance system in the sub -basin. It
emanates near County Road 426 and flows in a northerly direction towards Lake Jesup.
The project has been a cooperative effort with the City of Winter Springs, the City of Oviedo and Seminole
County. The District entered into this agreement to construct the facility with the City of Winter Springs
(City) since the 29.4 -acre project location is within the City. The Solary Canal Project is the first regional
project proposed for TP loading credit in the Lake Jesup Total Maximum Daily Load (TMDL) Basin
Management Action Plan (BMAP). The local government partners will contribute in -kind services for the
construction management, water quality monitoring, and the maintenance and operation of the completed
facility.
The District is a co- permittee on the project and will provide project oversight and direction as required.
Project work began in April of 2010. During site excavation in July 2010, unforeseen conditions (boils)
developed. Project work was interrupted and the project was redesigned. Following unsuccessful
negotiations with the City's the City over the cost to complete the redesigned project, the District
recommended that the City cancel the construction contract and that the District undertake site work using
the District's Civil Works contract.
The contractor hired to construct the project by the City has demobilized and removed its equipment from the
site. The City has terminated its contract with the contractor and the City has reported that all liens have been
released. The City and the District have agreed to authorize a final project redesign utilizing the services of
CH2M Hill and further, to grant the District access to the property, owned by the City, for the purpose of
completing the site.
II. OBJECTIVE
This project will reduce flooding and provide for water quality improvement. Flood reduction benefits are
designed to eliminate street/yard flooding and bank overtopping for 25 -year storm events.
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Contract #25463
Amendment #1
Encumbrance #S003681
111. SCOPE OF WORK
This agreement will facilitate the construction of the Solary Canal Regional Stormwater Treatment Facility
as defined in Exhibit "C -1" — Schedule of Values (modified from City of Winter Springs Bid Form.
IV. TASKS
• Task 1 — Construction of portions of the Solary Canal Regional Stormwater Treatment Facility as
indicated on Exhibit "C -1 ", attached. All construction shall be in accordance with required permits,
plans, specifications and bid documents as modified and agreed to by the District.
o Change Orders and contingencies shall require prior approval of the District's Project
Manager to qualify for reimbursement.
• Task 2 — (To be performed by the District) Completion of portions of the Solary Canal Regional
Stormwater Treatment Facility as indicated on Exhibit "C -1 ", attached.
• Task 3 —The District shall procure wetland mitigation credits sufficient to satisfy permit
requirements in lieu of wetland plantings indicated in previous versions of the project design.
• Task 4 - Following project completion, the City shall monitor water quality for a period of at least
one year, and maintain and operate the Solary Canal Regional Stormwater Treatment Facility in
perpetuity.
V. TIMEFRAME AND DELIVERABLES
Task 1
• Timeframe — Construction commenced in April 2010. The City's portion of the construction, except
as indicated in the tasks below and on Exhibit "C -1," has been completed.
• Deliverables — Progress Reports (Exhibit `B -1 ") including construction notes, photos and invoices
for work completed and paid for.
Task 2 (To be performed by the District)
• Timeframe — Construction of portions of the project as indicated on Exhibit "C -1 ", attached, shall
commence within 21 days of the effective date of this amendment.
• Deliverables — Quarterly Progress Reports in a form mutually agreed to by the District and City
Project Managers.
Task 3
• Timeframe — Prior to completion of construction, the District shall procure wetland mitigation
credits sufficient to satisfy permit requirements in lieu of wetland plantings indicated in previous
versions of the project design.
• Deliverables — Documentation confirming purchase of the wetland mitigation credits sufficient to
satisfy permit requirements.
Task 4
• Timeframe — Monitoring of water quality, maintenance and operation shall commence immediately
upon completion of the facility.
• Deliverables — Quarterly Progress Reports (Exhibit `B -1 ") including photos.
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Contract #25463
Amendment #1
Encumbrance #S003681
VI. BUDGET AND COST SCHEDULE
The District will reimburse the City for the cost of construction and maintenance in accordance with Exhibit
"C -1" — revised from the original City of Winter Springs Bid Form, in an amount not to exceed
$1,252,719.06.
Invoices shall be submitted quarterly in accordance with contract provisions including all required
documentation.
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Contract #25463
Amendment #1
Encumbrance #S003681
EXHIBIT "B -1" — QUARTERLY PROGRESS REPORT FORM
Contract Agreement No.: 25463
Contract Name: Agreement between the SJRWMD and City of Winter Springs For the
MSJRB Solary Canal Regional Stormwater Treatment Facility
Project Manager: Brian Fields 1 Telephone No.: I (407) 327 -7597
Quarterly Reporting Period:
Project Title: Solary Canal Regional Stormwater Treatment Facility
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met, provide
reasons why.)
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
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Contract #25463
Amendment #1
Encumbrance #5003681
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on -line photographs, etc.)
Provide a project budget update, comparing the project budget to actual costs to date.
Expenditures
Prior to this Expenditures
Budget Total Project Reporting this Reporting Project Funding
Category Budget Period Period Balance
This report is submitted in accordance with the reporting requirements of No. 25463, Agreement between the
SJRWMD and City of Winter Springs for the MSJRB Solary Canal Regional Stormwater Treatment Facility
and accurately reflects the activities and costs associated with the subject project.
Signature of Project Manager Date
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Contract #25463
Amendment #1
Encumbrance #S003681
Exhibit "C-1 " SCHEDULE OF VALUES (Replaces CITY OF WINTER SPRINGS BID FORM (Wal-Rose, Inc))
SOLARY CANAL REGIONAL STORMWATER TREATMENT AREA
REVISED SCHEDULE OF VALUES - AMENDMENT #1
ESTIMATED
BUDGET TO
ITEM EARNED REMAINING COMPLETE
#VALUEBALANCE(DISTRICT)
DESCRIPTIONQTYUNIT PRICETOTAL
1MOBILIZATION1$129,631.00$129,631.00$129,631.00$0.00$15,400.00
2CLEARING AND GRUBBING19$1,780.00$33,820.00$33,820.00$0.00
3SILT FENCE5,800$0.70$4,060.00$4,060.00$0.00
4STORMWATER POLLUTION PREVENTION1$5,500.00$5,500.00$5,500.00$0.00$10,000.00
5EXCAVATION170,305$1.50$255,457.50$200,040.00$55,417.50$95,000.00
6DEWATERING1$36,100.00$36,100.00$36,100.00$0.00
7FINE / FINISH GRADING ON SLOPES7,034$0.40$2,813.60$2,813.60$0.00$22,000.00
8BACKFILL AND COMPACTION3,415$0.70$2,390.50$2,390.50$0.00
9POND & WETLAND PLANTINGS1$18,300.00$18,300.00$0.00$18,300.00$0.00
10SEEDING25,132$0.35$8,796.20$0.00$8,796.20$68,400.00
11CANAL CROSSING1$60,100.00$60,100.00$39,065.00$21,035.00$67,300.00
12SYSTEM INTAKE STRUCTURE1$314,000.00$314,000.00$295,536.80$18,463.20$80,400.00
13CANAL OUTFALL EROSION PROTECTION1$20,560.00$20,560.00$20,560.00$0.00
14POND OVERFLOW WEIR1$25,810.00$25,810.00$0.00$25,810.00$38,000.00
15POND DRAWDOWN STRUCTURE1$20,064.00$20,064.00$6,019.20$14,044.80$32,100.00
16WETLAND OVERFLOW WEIR1$222,868.00$222,868.00$222,868.00$0.00
17WETLAND DRAWDOWN STRUCTURE1$17,313.00$17,313.00$17,313.00$0.00
18PERIMETER CHAIN-LINK FENCE4,870$15.00$73,050.00$73,050.00$0.00
19CHAIN-LINK GATE1$1,600.00$1,600.00$504.00$1,096.00
20AS-BUILT SURVEY AND DRAWINGS1$3,465.00$3,465.00$3,465.00$0.00$21,300.00
21QUALITY CONTROL TESTING ALLOWANCE1$20,000.00$20,000.00$20,000.00$0.00
$0.00$36,000.00
22ONE-YEAR POND & PLANTING MAINTENANCE ALLOWANCE1$36,000.00$36,000.00
$198,962.70
Base Bid Price (sum of items 1through 22)$1,311,698.80$1,112,736.10
23BID ALTERNATE #1 - SHEET PILE TREE WALL #11$58,247.00$58,247.00$0.00$58,247.00
24BID ALTERNATE #2 - SHEET PILE TREE WALL #21$47,897.00$47,897.00$0.00$47,897.00
25BID ALTERNATE #3 - SHEET PILE TREE WALL #31$47,897.00$47,897.00$0.00$47,897.00
Sum of Alternate Bid Items 1-3$154,041.00$154,041.00
Base Bid Price Plus Alternate Bid Items 1-3$1,465,739.80$1,112,736.10$353,003.70
26SJRWMD CHANGE ORDER #1 - ACCESS ROAD1$3,404.94$3,404.94$3,404.94$0.00
27SJRWMD CHANGE ORDER #2 $6,899.60$0.00
TESTING ALLOWANCE - ARDAMAN1$1,899.60$1,899.60$1,899.60$0.00
ENGINEERING SUPPORT SERVICES - CH2M HILL*1$5,000.00$5,000.00$5,000.00$0.00
28SJRWMD CHANGE ORDER #3 $14,727.70 $259.89
RIP-RAP1$9,892.10$9,892.10$9,892.10$0.00
WATER CHEMISTRY TESTING - ARDAMAN1$4,835.60$4,835.60$4,575.71$259.89
29SJRWMD CHANGE ORDER #4 $104,800.00 $6,169.56
IDLE EQUIPMENT / DELAY CLAIM1$75,000.00$75,000.00$75,000.00$0.00
TESTING ALLOWANCE1$10,000.00$10,000.00$3,830.44$6,169.56
RE-DESIGN SERVICES - CH2M HILL1$19,800.00$19,800.00$19,800.00$0.00
30SJRWMD CHANGE ORDER #5 - REDESIGN - CH2M HILL**1$16,580.00$16,580.00$16,580.00
Base Bid Price Plus Alternate Bid Items 1-3 Change Order #1,2,3,4 &5
$1,612,152.04$1,252,718.89$359,433.15
contingency funds remaining after CO #5
$87,847.96
PLUG 2 WETLAND BOILS
31$30,000.00
32PERMIT MODIFICATION - MITIGATION CREDITS$22,000.00
TOTAL CONTRACT REDUCTION = $1,700,000 - EARNED VALUE ($1,252,718.89) $447,281.11$501,900.00
*Work has been completed by CH2M Hilll but invoices in the amount of $1,952.96 have not been received
**Cost of work for Change Order #5 is considered to be 100% earned value
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