HomeMy WebLinkAbout2009 04 13 Consent 204 Cost-Share Agreement with SJRWMD for Lake Jesup Surface Water Augmentation ProjectCOMMISSION AGENDA
ITEM 204
April 13, 2009
Meeting
CONSENT I X
INFORMATIONAL
PUBLIC HEARING
REGULAR
MGR /DEPT ~~/~~
Authorization
REQUEST: The Utility Department is requesting authorization to enter into aCost-Share
Agreement with the St. Johns River Water Management District for the Lake Jesup
Surface Water Augmentation Project.
PURPOSE: The purpose of this Board item is to request authorization for the City Manager to
enter into aCost-Share Agreement with the SJRWMD fora $1.28M grant for the Lake
Jesup Surface Water Augmentation Project.
CONSIDERATIONS:
This agreement is needed to receive a $1.28M grant towards the Lake Jesup Surface
Water Augmentation Project. The grant is eligible to be used for up to 30% of the
construction costs for this project.
Staff has worked to incorporate the Lake Jesup project into District Water Supply Plan
(DWSP). Inclusion in the DWSP is a requirement to be eligible for the Water Protection and
Sustainability Program (WPSP). The WPSP was created during the 2005 legislative session
and the purpose was to provide cost-share funding for construction of alternative water supply
projects.
The agreement is in effect until Apri130, 2012. Staff expects the bulk of the
construction costs to occur in calendar year 2010. The Lake Jesup project is preliminarily
estimated to cost $3.1M. Staff has requested the District to expand the Scope of work
language in the exhibit to include distribution system costs which will allow us to maximize
the grant.
041309 COMM Consent 204 SJRWMD Grant
Consent Agenda Item 204
April 13, 2009
Page 2
FUNDING:
This agreement provides for reimbursement for 30% of the construction costs up to
$1.28M for the Lake Jesup Surface Water Augmentation Project. The reimbursements are
anticipated to occur in 2010.
RECOMMENDATION:
It is recommended that authorization be granted for the City Manager to execute the
Cost-Share Agreement with SJRWMD as part of the Water Protection and Sustainability
Program which provides for reimbursement for 30% of the construction costs up to $1.28M
for the Lake Jesup Surface Water Augmentation Project subject review by the City Attorney
IMPLEMENTATION SCHEDULE:
The agreement will be executed and returned to the SJRWMD for their approval.
COMMISSION ACTION:
041309_COMM Consent 204_SJRWNID Grant
Contract #25339
COST-SHARE AGREEMENT
WATER PROTECTION AND SUSTAINABILITY PROGRAM
THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street,
Palatka, Florida 32177, and the CITY OF WINTER SPRINGS ("Recipient"), whose address is 1126 East
SR 434, Winter Springs, Florida 32708. All references to the parties hereto include the parties, their
officers, employees, agents, successors, and assigns.
WITNESSETH THAT:
WHEREAS, section 373.0361(1)(b), Fla. Stat., requires the District to initiate water supply
planning for each water supply planning region where existing and reasonably anticipated sources of
water and conservation efforts may not be adequate to supply water for all existing legal uses and
reasonably anticipated future needs and to sustain the water resources and related natural systems; and
WHEREAS, pursuant to section 373.0361(1), Fla. Stat., the District completed the 2005 District
Water Supply Plan (DSWP) to identify means to assure that all parts of the District will have adequate
water for all existing legal uses and reasonably anticipated future needs, and to sustain the water resources
and related natural systems, and, pursuant to section 373.536(6)(a)4, Fla. Stat., developed the Water
Resource Development Work Program for implementation of the DWSP; and
WHEREAS, section 373.0831(2)(b), Fla. Stat., requires the District to take the lead in identifying
and implementing water resource development projects and be responsible for securing the necessary
funding for regionally significant water resource development projects; and
WHEREAS, pursuant to sections 373.0831, 373.1961(3) and 403.890, Fla. Stat., the Florida
Legislature has established the Water Protection and Sustainability Program ("the Program") to help fund
alternative water supply water resource development projects; and
WHEREAS, pursuant to subsection 373.1961(3)(e), Fla. Stat., applicants for projects under the
Program must pay at least 60 percent of construction costs, unless a financially disadvantaged small local
government as defined in section 403.885(4), Fla. Stat.; and
NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of
this Agreement, and the payments hereinafter specified, Recipient agrees to furnish and deliver all
materials and perform all labor required pursuant to this Agreement ("the Work"). Recipient shall
complete the Work inconformity 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) Exhibit A- Statement of Work; (3) Exhibit B -Supplemental Information Package; and
(4) Exhibit C -Cost Schedule. The parties, each intending to be legally bound, hereby agree to the
following terms and conditions.
1. TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until Apri130, 2012 ("Completion Date").
Recipient shall not commence Work until all required submittals are received and
approved. Time is of the essence for each and every aspect of this Agreement. Where
additional time is allowed for the completion of the Work, the new time limit shall also
Page 1
Contract #25339
be of the essence. All provisions of this Agreement that by their nature extend beyond the
Completion Date shall survive the termination or expiration of this Agreement.
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates sixty (60) days of receipt by Recipient.
2. AMOUNT OF FUNDING. For satisfactory performance of the "Work", the District shall pay
Recipient not-to-exceed $1,280,000 or up to thirty percent (30%) of the total construction cost of
the Work, whichever is less. The not-to-exceed funding limit is not subject to modification based
upon price escalation in implementing the Work during the term of this Agreement. Recipient
shall provide at least sixty percent (60%) of the construction costs, unless a different amount is
authorized pursuant to section 373.1961(3)(e), Fla. Stat. Recipient shall be responsible for
payment of all costs necessary to ensure completion of the Work; provided, however, that if
Recipient's cost share exceeds sixty percent (60%) of the estimated cost, Recipient may elect to
complete the Work at its expense or discontinue the Work and return all funds provided
hereunder to the District. Recipient shall notify the District's Project Manager in writing upon
receipt of any additional State funding for the completion of the Work.
Multi-Year Funding Allocation. The amount expended hereunder shall be paid in accordance
with and subject to the following multi-year funding allocations for each District fiscal year:
Fiscal Year: October 1, 2008- September 30, 2009 Amount: $550,000
Fiscal Year: October 1, 2009- September 30, 2010 Amount: $730,000
Funding for each applicable fiscal year is subject to District Governing Board budgetary
appropriation. The parties may agree in writing to re-allocate funding from the amounts described
above.
FUNDING LIMITATION. Funding under this Agreement is designated solely for the
construction of alternative water supplies and may not be used for any work associated with the
research, design, engineering, and permitting aspects of the Work.
4. FUNDING CONTINGENCY. This Agreement is contingent upon funding availability, which
may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax
revenues appropriated by the District's Governing Board; (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 District's Governing Board for each succeeding Fiscal Year.
Should the Work not be funded, in whole or in part, in succeeding Fiscal Years, the District 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 District may allow. For the
purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and
ending on September 30.
5. PERNIITS. Recipient shall obtain any and all governmental permits necessary for the Work. Any
Work not properly permitted prior to implementation or completed without proper permits does not
comply with this Agreement, shall not constitute Work hereunder, and shall not be approved for
payment. Recipient is solely responsible for any fines or penalties associated therewith and the cost
of removal of unauthorized constriction.
Page 2
Contract#25339
6. WATER CONSERVING RATE STRUCTURE. A Recipient receiving funding through this
Agreement that operates a public water supply utility must develop a rate structure for water
customers in its service area that will: (1) promote the conservation of water; and (2) promote the use
of water from available alternative water supplies. Recipient, if operating a public water supply
utility, acknowledges that it either has a water conserving rate structure in effect or will implement a
water conserving rate structure within nine months after the Effective Date. Failure to comply with
this paragraph constitutes a material breach that shall constitute a failure to complete the Project
pursuant to paragraph 14.
7. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Work. Either party may change its Project Manager by providing not
less than three (3) business days prior written notice to the other party. Should either
party change its address, written notice thereof shall be sent to the other party within five
(5) business days. All notices shall be in writing to the Project Managers at the addresses
below and shall be hand-delivered or sent via U.S. certified mail, a-mail or fax. Notices
via certified mail are delivered upon receipt. Notices via a-mail or fax are delivered on
the date transmitted and received.
DISTRICT
John Wester, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
(386) 329-4457
E-mail: jwester@sjrwmd.com
CONTRACTOR
Kip Lockcuff, P.E., Project Manager
City of Winter Springs
1126 East SR 434
Winter Springs, Fl 32708
(407) 327-5989
E-mail: klockcuff@winterspringsfl.org
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating District policies and decisions regarding all
matters pertinent to performance of the Work.
8. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Quarterly Progress Reports. Recipient shall provide to the District quarterly project
update/status reports by September 1 ~`; December 1 ~`; March 1 ~` and June 1 ~` of each year, or
as submitted as part of the invoices. Reports will provide detail on progress of the Work and
outline any potential issues affecting completion or the overall schedule. Reports may be
submitted in any form agreed to by District's Project Manager and Recipient, and may
include emails, memos, and letters.
(b) Annual Update. In accordance with section 373.0361 (7) (b), Fla. Stat., the Recipient
shall provide an annual update to the District detailing the progress of the project.
(c) Performance Monitoring. For as long as the Work is operational, the District shall have
the right to inspect the operation of the Work during normal business hours upon reasonable
prior notice. Recipient shall make available to the District any data that is requested
pertaining to performance of the Work.
9. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers, employees and
Page 3
Contract #25339
agents thereof. 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.
10. DIVERSITY REPORTING. The District 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 District 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.
11. PAYMENT OF INVOICES
(a) Recipient 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 a-mail to
acctpay@sjrwmd.com. Recipient shall be reimbursed for thirty percent (30%) of
approved construction costs with each invoice until the not-to-exceed amount of the
District cost-share under this Agreement has been expended. Each invoice shall be
submitted in detail sufficient for proper pre-audit and post-audit review. If necessary for
audit purposes, the District may require and Recipient shall provide additional supporting
information to document invoices. Failure to submit the final invoice within 90 days
after the Completion Date shall be a forfeiture of any remaining amount due under
this Agreement.
(b) All invoices shall include the following information: (1) contract number; (2) Recipient's
name and address (include remit address, if necessary); (3) District Project Manager; (4)
Recipient's Project Manager; (5) supporting documentation as to cost and/or project
completion, as per the cost schedule and other requirements of the Statement of Work;
invoices for construction work shall include receipts from contractors and/or suppliers for
the specified construction expenditures and proof of payment (check number or copy of
cancelled check); (6) Progress Report (if required); (7) Diversity Report (if otherwise
required herein).
(c) 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. The provisions in
this paragraph relating to payment of funds shall supersede any other provisions or
attachments contained in this Agreement.
12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. Recipient shall maintain its books and records in such a manner
that receipt and expenditure of the funds provided hereunder shall be 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 District, and copies of all
invoices and supporting documentation for at least five (5) years after expiration of this
Page 4
Contract#25339
Agreement. In accordance with generally accepted governmental auditing standards, the
District shall have access to and the right to examine any directly pertinent books,
documents, papers, and 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. District funding shall be subject to repayment after expiration of this
Agreement if, upon apost-project audit examination, the District finds any of the following:
(1) Recipient has spent funds for purposes other than those provided for herein; (2) Recipient
has failed to perform a continuing obligation of this Agreement; (3) Recipient has received
duplicate funds from the District for the same purpose; and/or (4) Recipient has received
more than forty percent (40%) contributions through cumulative public agency cost-share
funding. Recipient shall refund any such reduction of payments.
13. FLORIDA SINGLE AUDIT ACT. The Florida Single Audit Act (FSAA), section 215.97, Fla.
Stat., applies to all sub-recipients of state financial assistance, as defined in section 215.97(2)(q),
Fla. Stat., awarded by the District through a project or program that is funded, in whole or in part,
through state financial assistance to the District. This Agreement involves the disbursement of
state funding in the amount of $640,000. If Recipient receives more than $500,000 of state
financial assistance during the course of its fiscal year, which includes assistance from District
and non-District programs, Recipient must comply with the FSAA. In such event, Recipient shall
provide the District with a copy of its FSAA audit, as it pertains to the Work, no later than 20
days after preparation. This information shall be directed to: St. Johns River Water Management
District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32117.
Recipient is solely responsible for complying with the FSAA.
14. TERNIINATION
(a) Termination for Default. If Recipient materially fails to fulfill its obligations under this
Agreement, including any specific milestones established herein, the District shall provide
written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of
the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure
the breach within the thirty (30) day period, the District shall issue a Termination for Default
Notice and this Agreement shall be terminated upon receipt or said notice. In such event
Recipient shall refund to the District all funds provided to Recipient pursuant to this
Agreement within thirty (30) days of such termination. The District reserves the right to
terminate this Agreement immediately without notice in the event any of the representations
contained in the Project Proposal are found to be false.
(b) Termination for Convenience. The District may terminate this Agreement at any time for
convenience upon sixty (60) 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 District, all orders or
subcontracts related to the Work for which reimbursement would otherwise be sought.
15. FAILURE TO COMPLETE WORK. Should Recipient fail to complete the Work, Recipient
shall refund to the District all of the funds provided to Recipient pursuant to this Agreement.
However, the District, in its sole judgment and discretion, may determine that Recipient has
failed to complete the Work due to circumstances that are beyond Recipient's control, or due to a
Page 5
Contract #25339
good faith determination that the Work is no longer environmentally or economically feasible. In
such event, the District may excuse Recipient from the obligation to return funds provided
hereunder. If the Work has not been completed within 30 days after the Completion Date,
Recipient shall provide the District with notice regarding its intention as to completion of the
Work. 'The parties shall discuss the status of the Work and may mutually agree to revise the
Completion Date or the scope of the Work. Failure to complete the Work within 180 days after
the Completion Date shall constitute failure to complete the Work for the purposes of this
provision. This provision shall survive the termination or expiration of this Agreement.
16. INDEPENDENT CONTRACTOR. Recipient is an independent contractor. Neither Recipient
nor Recipient's employees are employees of the District. Recipient controls and directs the means
and methods by which the Work is accomplished. Recipient is solely responsible for compliance
with all labor and tax laws pertaining to Recipient, its officers, agents, and employees.
17. NON-LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
18. RELEASE OF INFORMATION. Records of Recipient that are made or received in the course
of performance of the Work may be public records that are subject to the requirements of chapter
119, Fla. Stat. 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.
19. ROYALTIES AND PATENTS. Recipient shall pay all royalties and patent and license fees
necessary for performance of the Work and shall defend all suits or claims for infringement of
any patent rights and save and hold the District harmless from loss on account thereof.
20. 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. 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 Duval County if
substantial performance of the Work is in Alachua, Baker, Bradford, Clay, Duval, Nassau,
Putnam, and/or St. Johns counties, or in Orange County if substantial performance of the Work is
in Brevard, Flagler, Indian River, Lake, Marion, Okeechobee, Orange, Osceola, Seminole, or
Volusia counties; (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.
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below in its name by its Executive Director, and 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.
Page 6
Contract #25339
ST. JOHNS RNER WATER
MANAGEMENT DISTRICT
CITY OF WINTER SPRINGS
Bv:
Kirby B. Green III, Executive Director
Date:
By:
Typed Name and Title
Date:
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
Attest:
Stanley J. Niego, Sr. Assistant General Counsel Typed Name and Title
ATTACHMENTS
Exhibit A- Statement of Work
Exhibit B -Supplemental Information Package
Exhibit C -Cost Schedule
Page 7
Contract #25339
EXHIBIT A
STATEMENT OF WORK
WATER PROTECTION AND SUSTAINABILITY PROGRAM
L INTRODUCTION/BACKGROUND
The Florida Water Protection and Sustainability Program (WPSP) was created through passage of Senate
Bills 360 and 444 during the 20051egislative session and were subsequently signed into law. The purpose
of this program is to provide cost-share funding for construction of alternative water supply projects. The
St. Johns River Water Management District (District) will implement the program within its region as
described below.
To be considered eligible for this cost-share funding program, projects must first be identified in the
District Water Supply Plan (DWSP). After projects are incorporated into the DWSP, they are further
evaluated as to their suitability for this funding program. The identification of water supply development
projects in the DWSP does not guarantee funding assistance through this funding program. For the
purpose of this program, cost sharing is identified as reimbursement by the District for construction costs
of alternative water supply development projects.
Projects were evaluated in accordance with legislation requiring consideration of 12 specific factors,
along with four additional factors added by the Governing Board and supplemental information provided
by the sponsors. The results of the evaluations and proposed funding levels for Fiscal Year 2007 - 2008
were presented at a public meeting held at the District on July 13, 2007. On August 7, 2007, the
District's Governing Board gave final approval of the Winter Springs Lake Jesup Reclaimed Water
Augmentation Project. The City of Winter Springs (Recipient) is the lead agency on this Project.
II.OBJECTIVE
The objective of this Project is to construct a 2.25 MGD surface water augmentation system to
supplement reclaimed water for the service area.
III. SCOPE OF WORK
The Project consists of construction of filtration treatment, two 1.0 million gallons per day (MGD) ground
storage tanks, pumping facilities, and high-level disinfection facilities. T'he project shall be constructed
with expansion capacity to provide treated surface water to neighboring entifies not in the Recipient's
service area through interconnects, which are based on interlocal agreements. Recipient has purchased a
site on the south shore of Lake Jesup for this project and has applied for a consumptive use permit for the
proposed withdrawal.
IV. TASK IDENTIFICATION
The Recipient shall be responsible for the following:
• Obtaining project final design, construction plans and specifications
• Providing a copy of Recipient's executed construction contract documents to the District's
Project Manager
• Providing copies of any subsequent Change Orders to the contract to the District's Project
Manager
• Obtaining all required permits, including right of access to the project site, related to project
construction and subsequent operation of the facility
Page 8
Contract #25339
• Compliance with all permits
• Procurement for project construction
• Supervision and inspection of construction
• Construction contract administration
• Timely submittal of invoices for actual construction costs in accordance with this cost share
agreement (i.e. quarterly, with appropriate substantiation) to enable proper review by the
District's Project Manager prior to payment authorization.
• Progress Reports to the District's Project Manager identifying project progress to date, key
milestones reached, overall project schedule versus time for project completion, key issues to be
resolved, project time and projected costs versus actual cost to date.
• Certification of construction phase completion by a Professional Engineer registered in the state
of Florida
• Compliance with cost accounting practices and procedures required for reimbursement of funds
expended for the Florida Water Protection and Sustainability Program.
V. TIME FRAMES AND DELIVERABLES
• Recipient shall commence work under the Agreement within fifteen (15) calendar days after the
effective date of the Agreement
• Recipient shall provide District copies of the construction contract bid documents and the Cost
Schedule for the awarded construction contract within thirty (30) days of construction contract
awazd. The Cost Schedule, and the reimbursement percentage calculation, described in Section
VI, below, shall be incorporated into this agreement as Exhibit C.
• Recipient shall provide certification of construction completion within thirty (30) days of project
completion.
• Recipient shall complete the Project, including all tasks defined in this Agreement no later than
Apri130, 2012.
VI. CONTRACT BUDGET
The estimated total construction cost of this Project is $6,310,000. The total not to exceed cost shaze is as
follows:
Fiscal Year 2009: $550,000
Fiscal Year 2010: $730,000
District shall reimburse Recipient up to thirty percent (30%) of construction cost eligible in accordance
with the WPSP, limited to an amount not to exceed $1,280,000.
District's quarterly reimbursement to Recipient shall be a percentage of the amount paid the contractor
during the reimbursement period. The percentage shall be calculated based on the amount allocated by
District divided by the amount of the construction contract represented by the Cost Schedule. In the event
the Project is completed below the contracted price, District shall reimburse Recipient the amount of the
remaining funds provided for in this Agreement up to an amount not exceeding thirty percent (30%) of
the total project cost or the total value of that portion of the as-built project that is eligible for WPSP
funding, whichever is less.
Page 9
Conhact#25339
EXHIBIT C
COST SCHEDULE
To be incorporated into the Agreement as Exhibit C upon execution of the construction contract.
Page 11
Contract #25339
ATTACHMENT 1
DISTRICT SUPPLEMENTAL INSTRUCTION
Date: Contract Number:
Contract name:
To:
From: ;Project Manager
The Work shall be carried out in accordance with the following Supplemental Instructions, issued in
accordance with the Agreement. The District's Project Manager, by issuance of these instructions, has
determined that they will not result in a change in the Total Compensation or the Completion Date. Prior to
proceeding in accordance with these instructions, please indicate your acceptance hereof as provided below
and return to the District's Project Manager.
1. Contractor's supplemental instructions:
2. Description of Work to be changed:
3. Description of supplemental instruction requirements:
Approved:
CONTRACTOR approval: (choose one of the items below):
Approved:
(It is agreed that these instructions shall not result in a change in the
Total Compensation or the Completion Date.)
District Project Manager
Date:
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.)
Acknowledged:
Connie Rozier, Senior Contracts Administrator
Date:
cc: Financial Management
Page 12
Contract #25339
DATE:
TO:
ATTACHMENT 2
NOTICE TO PROCEED
FROM: Connie Rozier, Senior Contracts Administrator
RE: Notice to Proceed Work: Contract No.
By receipt of this Notice, the Executive Director of the District authorizes work to begin on the above-
referenced project for a total not to exceed amount of
Date of Commencement shall begin on and substantial completion achieved by Final
completion shall be
Kirby B. Green, III, Executive Director Date
Harold A. Wilkening III, P.E., Director,
Department of Resource Management
cc: Financial Management
Date
Date
Page 13
Contract #25339
COST-SHARE AGREEMENT
WATER PROTECTION AND SUSTAINABILITY PROGRAM
THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street,
Palatka, Florida 32177, and the CITY OF WINTER SPRINGS ("Recipient"), whose address is 1126 East
SR 434, Winter Springs, Florida 32708. All references to the parties hereto include the parties, their
officers, employees, agents, successors, and assigns.
WITNESSETH THAT:
WHEREAS, section 373.0361(1)(b), Fla. Stat., requires the District to initiate water supply
planning for each water supply planning region where existing and reasonably anticipated sources of
water and conservation efforts may not be adequate to supply water for all existing legal uses and
reasonably anticipated future needs and to sustain the water resources and related natural systems; and
WHEREAS, pursuant to section 373.0361(1), Fla. Stat., the District completed the 2005 District
Water Supply Plan (DSWP) to identify means to assure that all parts of the District will have adequate
water for all existing legal uses and reasonably anticipated future needs, and to sustain the water resources
and related natural systems, and, pursuant to section 373.536(6)(a)4, Fla. Stat., developed the Water
Resource Development Work Program for implementation of the DWSP; and
WHEREAS, section 373.0831(2)(b), Fla. Stat., requires the District to take the lead in identifying
and implementing water resource development projects and be responsible for securing the necessary
funding for regionally significant water resource development projects; and
WHEREAS, pursuant to sections 373.0831, 373.1961(3) and 403.890, Fla. Stat., the Florida
Legislature has established the Water Protection and Sustainability Program ("the Program") to help fund
alternative water supply water resource development projects; and
WHEREAS, pursuant to subsection 373.1961(3)(e), Fla. Stat., applicants for projects under the
Program must pay at least 60 percent of construction costs, unless a financially disadvantaged small local
government as defined in section 403.885(4), Fla. Stat.; and
NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of
this Agreement, and the payments hereinafter specified, Recipient agrees to furnish and deliver all
materials and perform all labor required pursuant to this Agreement ("the Work"). Recipient shall
complete the Work 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) Exhibit A- Statement of Work; (3) Exhibit B - Supplemental Information Package; and
(4) Exhibit C - Cost Schedule. The parties, each intending to be legally bound, 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 April 30, 2012 ("Completion Date").
Recipient shall not commence Work until all required submittals are received and
approved. Time is of the essence for each and every aspect of this Agreement. Where
additional time is allowed for the completion of the Work, the new time limit shall also
Page 1
Contract #25339
be of the essence. All provisions of this Agreement that by their nature extend beyond the
Completion Date shall survive the termination or expiration of this Agreement.
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates sixty (60) days of receipt by Recipient.
2. AMOUNT OF FUNDING. For satisfactory performance of the "Work", the District shall pay
Recipient not-to-exceed $1,280,000 or up to thirty percent (30%) of the total construction cost of
the Work, whichever is less. The not-to-exceed funding limit is not subject to modification based
upon price escalation in implementing the Work during the term of this Agreement. Recipient
shall provide at least sixty percent (60%) of the construction costs, unless a different amount is
authorized pursuant to section 373.1961(3)(e), Fla. Stat. Recipient shall be responsible for
payment of all costs necessary to ensure completion of the Work; provided, however, that if
Recipient's cost share exceeds sixty percent (60%) of the estimated cost, Recipient may elect to
complete the Work at its expense or discontinue the Work and return all funds provided
hereunder to the District. Recipient shall notify the District's Project Manager in writing upon
receipt of any additional State funding for the completion of the Work.
Multi-Year Funding Allocation. The amount expended hereunder shall be paid in accordance
with and subject to the following multi-year funding allocations for each District fiscal year:
Fiscal Year: October 1, 2008- September 30, 2009 Amount: $550,000
Fiscal Year: October 1, 2009- September 30, 2010 Amount: $730,000
Funding for each applicable fiscal year is subject to District Governing Board budgetary
appropriation. The parties may agree in writing to re-allocate funding from the amounts described
above.
3. FUNDING LIMITATION. Funding under this Agreement is designated solely for the
construction of alternative water supplies and may not be used for any work associated with the
research, design, engineering, and permitting aspects of the Work.
4. FUNDING CONTINGENCY. This Agreement is contingent upon funding availability, which
may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax
revenues appropriated by the District's Governing Board; (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 District's Governing Board for each succeeding Fiscal Year.
Should the Work not be funded, in whole or in part, in succeeding Fiscal Years, the District 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 District may allow. For the
purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and
ending on September 30.
5. PERMITS. Recipient shall obtain any and all governmental permits necessary for the Work. Any
Work not properly permitted prior to implementation or completed without proper permits does not
comply with this Agreement, shall not constitute Work hereunder, and shall not be approved for
payment. Recipient is solely responsible for any fines or penalties associated therewith and the cost
of removal of unauthorized construction.
Page 2
Contract #25339
6. WATER CONSERVING RATE STRUCTURE. A Recipient receiving funding through this
Agreement that operates a public water supply utility must develop a rate structure for water
customers in its service area that will: (1) promote the conservation of water; and (2) promote the use
of water from available alternative water supplies. Recipient, if operating a public water supply
utility, acknowledges that it either has a water conserving rate structure in effect or will implement a
water conserving rate structure within nine months after the Effective Date. Failure to comply with
this paragraph constitutes a material breach that shall constitute a failure to complete the Project
pursuant to paragraph 14.
7
PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Work. Either party may change its Project Manager by providing not
less than three (3) business days prior written notice to the other party. Should either
party change its address, written notice thereof shall be sent to the other party within five
(5) business days. All notices shall be in writing to the Project Managers at the addresses
below and shall be hand-delivered or sent via U.S. certified mail, e-mail or fax. Notices
via certified mail are delivered upon receipt. Notices via e-mail or fax are delivered on
the date transmitted and received.
DISTRICT
John Wester, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
(386) 329-4457
E-mail: jwester@sjrwmd.com
9
CONTRACTOR
Kip Lockcuff, P.E., Project Manager
City of Winter Springs
1126 East SR 434
Winter Springs, F132708
(407) 327-5989
E-mail: klockcuff@winterspringsfl.org
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating District policies and decisions regarding all
matters pertinent to performance of the Work.
PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Quarterly Progress Reports. Recipient shall provide to the District quarterly project
update/status reports by September 1"; December 1'; March 0 and June 1' of each year, or
as submitted as part of the invoices. Reports will provide detail on progress of the Work and
outline any potential issues affecting completion or the overall schedule. Reports may be
submitted in any form agreed to by District's Project Manager and Recipient, and may
include emails, memos, and letters.
(b) Annual Update. In accordance with section 373.0361 (7) (b), Fla. Stat., the Recipient
shall provide an annual update to the District detailing the progress of the project.
(c) Performance Monitoring. For as long as the Work is operational, the District shall have
the right to inspect the operation of the Work during normal business hours upon reasonable
prior notice. Recipient shall make available to the District any data that is requested
pertaining to performance of the Work.
LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers, employees and
Page 3
Contract #25339
agents thereof 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.
10. DIVERSITY REPORTING. The District 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 District 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.
11. PAYMENT OF INVOICES
(a) Recipient 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@sjrwmd.com. Recipient shall be reimbursed for thirty percent (30%) of
approved construction costs with each invoice until the not-to-exceed amount of the
District cost-share under this Agreement has been expended. Each invoice shall be
submitted in detail sufficient for proper pre-audit and post-audit review. If necessary for
audit purposes, the District may require and Recipient shall provide additional supporting
information to document invoices. Failure to submit the final invoice within 90 days
after the Completion Date shall be a forfeiture of any remaining amount due under
this Agreement.
(b) All invoices shall include the following information: (1) contract number; (2) Recipient's
name and address (include remit address, if necessary); (3) District Project Manager; (4)
Recipient's Project Manager; (5) supporting documentation as to cost and/or project
completion, as per the cost schedule and other requirements of the Statement of Work;
invoices for construction work shall include receipts from contractors and/or suppliers for
the specified construction expenditures and proof of payment (check number or copy of
cancelled check); (6) Progress Report (if required); (7) Diversity Report (if otherwise
required herein).
(c) 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. The provisions in
this paragraph relating to payment of funds shall supersede any other provisions or
attachments contained in this Agreement.
12. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. Recipient shall maintain its books and records in such a manner
that receipt and expenditure of the funds provided hereunder shall be 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 District, and copies of all
invoices and supporting documentation for at least five (5) years after expiration of this
Page 4
Contract #25339
Agreement. In accordance with generally accepted governmental auditing standards, the
District shall have access to and the right to examine any directly pertinent books,
documents, papers, and 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. District funding shall be subject to repayment after expiration of this
Agreement if, upon a post-project audit examination, the District finds any of the following:
(1) Recipient has spent funds for purposes other than those provided for herein; (2) Recipient
has failed to perform a continuing obligation of this Agreement; (3) Recipient has received
duplicate funds from the District for the same purpose; and/or (4) Recipient has received
more than forty percent (40%) contributions through cumulative public agency cost-share
funding. Recipient shall refund any such reduction of payments.
13. FLORIDA SINGLE AUDIT ACT. The Florida Single Audit Act (FSAA), section 215.97, Fla.
Stat., applies to all sub-recipients of state financial assistance, as defined in section 215.97(2)(q),
Fla. Stat., awarded by the District through a project or program that is funded, in whole or in part,
through state financial assistance to the District. This Agreement involves the disbursement of
state funding in the amount of $640,000. If Recipient receives more than $500,000 of state
financial assistance during the course of its fiscal year, which includes assistance from District
and non-District programs, Recipient must comply with the FSAA. In such event, Recipient shall
provide the District with a copy of its FSAA audit, as it pertains to the Work, no later than 20
days after preparation. This information shall be directed to: St. Johns River Water Management
District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32117.
Recipient is solely responsible for complying with the FSAA.
14. TERMINATION
(a) Termination for Default. If Recipient materially fails to fulfill its obligations under this
Agreement, including any specific milestones established herein, the District shall provide
written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of
the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure
the breach within the thirty (30) day period, the District shall issue a Termination for Default
Notice and this Agreement shall be terminated upon receipt or said notice. In such event
Recipient shall refund to the District all funds provided to Recipient pursuant to this
Agreement within thirty (30) days of such termination. The District reserves the right to
terminate this Agreement immediately without notice in the event any of the representations
contained in the Project Proposal are found to be false.
(b) Termination for Convenience. The District may terminate this Agreement at any time for
convenience upon sixty (60) 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 District, all orders or
subcontracts related to the Work for which reimbursement would otherwise be sought.
15. FAILURE TO COMPLETE WORK. Should Recipient fail to complete the Work, Recipient
shall refund to the District all of the funds provided to Recipient pursuant to this Agreement.
However, the District, in its sole judgment and discretion, may determine that Recipient has
failed to complete the Work due to circumstances that are beyond Recipient's control, or due to a
Page 5
Contract #25339
good faith determination that the Work is no longer environmentally or economically feasible. In
such event, the District may excuse Recipient from the obligation to return funds provided
hereunder. If the Work has not been completed within 30 days after the Completion Date,
Recipient shall provide the District with notice regarding its intention as to completion of the
Work. The parties shall discuss the status of the Work and may mutually agree to revise the
Completion Date or the scope of the Work. Failure to complete the Work within 180 days after
the Completion Date shall constitute failure to complete the Work for the purposes of this
provision. This provision shall survive the termination or expiration of this Agreement.
16. INDEPENDENT CONTRACTOR. Recipient is an independent contractor. Neither Recipient
nor Recipient's employees are employees of the District. Recipient controls and directs the means
and methods by which the Work is accomplished. Recipient is solely responsible for compliance
with all labor and tax laws pertaining to Recipient, its officers, agents, and employees.
17. NON-LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
18. RELEASE OF INFORMATION. Records of Recipient that are made or received in the course
of performance of the Work may be public records that are subject to the requirements of chapter
119, Fla. Stat. 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.
19. ROYALTIES AND PATENTS. Recipient shall pay all royalties and patent and license fees
necessary for performance of the Work and shall defend all suits or claims for infringement of
any patent rights and save and hold the District harmless from loss on account thereof.
20. 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. 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 Duval County if
substantial performance of the Work is in Alachua, Baker, Bradford, Clay, Duval, Nassau,
Putnam, and/or St. Johns counties, or in Orange County if substantial performance of the Work is
in Brevard, Flagler, Indian River, Lake, Marion, Okeechobee, Orange, Osceola, Seminole, or
Volusia counties; (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.
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below in its name by its Executive Director, and 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.
Page 6
Contract #25339
ST. JOHNS RIVER WATER
MANAGEME ISTRICT
By:
Kirby B. Green III, Exec ve Directo
Date: c3? Z O O?
CITY OF WINTER SPRINGS
By: -?!
Typed Name and Tit e
Date:
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
Stanley J. Niego, C!j istant a ral Counsel
ATTACHMENTS
Exhibit A- Statement of Work
Exhibit B - Supplemental Information Package
Exhibit C - Cost Schedule
Attest:
Andrea Lorenzo-Luaces, City Clerk
Typed Name and Title
Page 7
Contract #25339
EXHIBIT A
STATEMENT OF WORK
WATER PROTECTION AND SUSTAINABILITY PROGRAM
L INTRODUCTION/BACKGROUND
The Florida Water Protection and Sustainability Program (WPSP) was created through passage of Senate
Bills 360 and 444 during the 2005 legislative session and were subsequently signed into law. The purpose
of this program is to provide cost-share funding for construction of alternative water supply projects. The
St. Johns River Water Management District (District) will implement the program within its region as
described below.
To be considered eligible for this cost-share funding program, projects must first be identified in the
District Water Supply Plan (DWSP). After projects are incorporated into the DWSP, they are further
evaluated as to their suitability for this funding program. The identification of water supply development
projects in the DWSP does not guarantee funding assistance through this funding program. For the
purpose of this program, cost sharing is identified as reimbursement by the District for construction costs
of alternative water supply development projects.
Projects were evaluated in accordance with legislation requiring consideration of 12 specific factors,
along with four additional factors added by the Governing Board and supplemental information provided
by the sponsors. The results of the evaluations and proposed funding levels for Fiscal Year 2007 - 2008
were presented at a public meeting held at the District on July 13, 2007. On August 7, 2007, the
District's Governing Board gave final approval of the Winter Springs Lake Jesup Reclaimed Water
Augmentation Project. The City of Winter Springs (Recipient) is the lead agency on this Project.
11. OBJECTIVE
The objective of this Project is to construct a 2.25 MGD surface water augmentation system to
supplement reclaimed water for the service area.
III. SCOPE OF WORK
The Project consists of construction of filtration treatment, two 1.0 million gallons per day (MGD) ground
storage tanks, pumping facilities, and high-level disinfection facilities and transmission lines. The project
shall be constructed with expansion capacity to provide treated surface water to neighboring entities not
in the Recipient's service area through interconnects, which are based on interlocal agreements. Recipient
has purchased a site on the south shore of Lake Jesup for this project and has received CUP #105763 for
this project.
IV. TASK IDENTIFICATION
The Recipient shall be responsible for the following:
• Obtaining project final design, construction plans and specifications
• Providing a copy of Recipient's executed construction contract documents to the District's
Project Manager
• Providing copies of any subsequent Change Orders to the contract to the District's Project
Manager
• Obtaining all required permits, including right of access to the project site, related to project
construction and subsequent operation of the facility
Page 8
Contract #25339
• Compliance with all permits
• Procurement for project construction
• Supervision and inspection of construction
• Construction contract administration
• Timely submittal of invoices for actual construction costs in accordance with this cost share
agreement (i.e. quarterly, with appropriate substantiation) to enable proper review by the
District's Project Manager prior to payment authorization.
• Progress Reports to the District's Project Manager identifying project progress to date, key
milestones reached, overall project schedule versus time for project completion, key issues to be
resolved, project time and projected costs versus actual cost to date.
• Certification of construction phase completion by a Professional Engineer registered in the state
of Florida
• Compliance with cost accounting practices and procedures required for reimbursement of funds
expended for the Florida Water Protection and Sustainability Program.
V. TIME FRAMES AND DELIVERABLES
• Recipient shall commence work under the Agreement within fifteen (15) calendar days after the
effective date of the Agreement
• Recipient shall provide District copies of the construction contract bid documents and the Cost
Schedule for the awarded construction contract within thirty (30) days of construction contract
award. The Cost Schedule, and the reimbursement percentage calculation, described in Section
VI, below, shall be incorporated into this agreement as Exhibit C.
• Recipient shall provide certification of construction completion within thirty (30) days of project
completion.
• Recipient shall complete the Project, including all tasks defined in this Agreement no later than
April 30, 2012.
VI. CONTRACT BUDGET
The estimated total construction cost of this Project is $6,310,000. The total not to exceed cost share is as
follows:
Fiscal Year 2009: $550,000
Fiscal Year 2010: $730,000
District shall reimburse Recipient up to thirty percent (30%) of construction cost eligible in accordance
with the WPSP, limited to an amount not to exceed $1,280,000.
District's quarterly reimbursement to Recipient shall be a percentage of the amount paid the contractor
during the reimbursement period. The percentage shall be calculated based on the amount allocated by
District divided by the amount of the construction contract represented by the Cost Schedule. In the event
the Project is completed below the contracted price, District shall reimburse Recipient the amount of the
remaining funds provided for in this Agreement up to an amount not exceeding thirty percent (30%) of
the total project cost or the total value of that portion of the as-built project that is eligible for WPSP
funding, whichever is less.
Page 9
Contract #25339
EXHIBIT B
SUPPLEMENTAL INFORMATION PACKAGE
Page 10
Contract #25339
EXHIBIT C
COST SCHEDULE
To be incorporated into the Agreement as Exhibit C upon execution of the construction contract.
Page I I
Contract #25339
ATTACHMENT I
DISTRICT SUPPLEMENTAL INSTRUCTION
Date: Contract Number:
Contract name:
To:
From:
; Project Manager
The Work shall be carried out in accordance with the following Supplemental Instructions, issued in
accordance with the Agreement. The District's Project Manager, by issuance of these instructions, has
determined that they will not result in a change in the Total Compensation or the Completion Date. Prior to
proceeding in accordance with these instructions, please indicate your acceptance hereof as provided below
and return to the District's Project Manager.
1. Contractor's supplemental instructions:
2. Description of Work to be changed:
3. Description of supplemental instruction requirements:
Approved:
District Project Manager
CONTRACTOR approval: (choose one of the items below):
Approved:
(It is agreed that these instructions shall not result in a change in the
Total Compensation or the Completion Date.)
Date:
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.)
Acknowledged:
Connie Rozier, Senior Contracts Administrator
cc: Financial Management
Date:
Page 12
Contract #25339
DATE:
TO:
ATTACHMENT 2
NOTICE TO PROCEED
FROM: Connie Rozier, Senior Contracts Administrator
RE: Notice to Proceed Work: Contract No.
By receipt of this Notice, the Executive Director of the District authorizes work to begin on the above-
referenced project for a total not to exceed amount of
Date of Commencement shall begin on and substantial completion achieved by Final
completion shall be
Kirby B. Green, III, Executive Director
Harold A. Wilkening III, P.E., Director,
Department of Resource Management
cc: Financial Management
Date
Date
Date
Page 13
0t- I HE LERK
May 21, 2009
Ste o ns RiVerRECIPFIVED
? - Water Management District JUN - 2 2009
Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director
CITY OF "INTER SPRINGS
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
On the Internet at www.sjrwmd.com.
7006 0810 0.006 3024 2049
City of Winter Springs
1126 East SR 434
Winter springs, Florida 32708
Mr. Rip Lockcuff.
Enclosed is Contract #25339 - WPSP Winter Springs Lake Jesup Reclaimed Water Augmentation
Project, executed by the District.
If you have any questions please contact me.
Thank you,
Connie Rozier, CPP13
Senior Contracts Administrator
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
(386) 329-4211
GOVERNING BOARD
Susan N. Hughes, CHAIRMAN W. Leonard Wood, VICE CHAIRMAN Hersey "Herky' Huffman, SECRETARY Hans G. Tanzler III, TREASURER
PONTE VEDRA FERNANDINA BEACH ENTERPRISE JACKSONVILLE
Douglas C. Bournique Michael Ertel Maryam H. Ghyabi Richard G. Hamann Arlen N. Jumper
VERO BEACH OVIEDO ORMOND BEACH GAINESVILLE FORT MCCOY