HomeMy WebLinkAbout1103-Cost Share Agrmt-Water ProI U S. t_ Johns Ri ver
Water Management District
, Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178 -1429 • (386) 329.4500
On the Internet at wwwsjrwmd.com.
May 19, 2006
CERTIFIED MAILING #:
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Bill Marcous:
7 0050390000028245920
I have enclosed one executed copy of Contract #SJ38512, WPSP- Optimization System
Expansion and Optimization Project Phase 1 of Project 1 for your files.
If you have any questions, please call me at (396) 329 -4211.
Thank you,
Connie Rozier
Contracts Administrator
St. Johns River Water Management District
Ometrias D. Long, CHAIRMAN
APOPKA
W. Michael Branch
FERNANDINA BEACH
GOVERNING BOARD
David G. Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY
JACKSONVILLE 01
John G. Sowinski William Kerr
ORLANDO MELBOURNE BEACH
Duane OttenStmel. TREASURER
JACKSONVILLE
Ann T Moore Susan N. Hughes
BUNNELL POINTE VEDRA
i
Contract #SJ38512
COST SHARE AGREEMENT
BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND
CITY OF SANFORD
PURSUANT TO THE DISTRICT'S
WATER PROTECTION & SUSTAINABILITY PROGRAM
For good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as
follows: J
1. Purpose of Agreement. This cost share agreement is authorized by the St. Johns River Water
Management District ( "the District ") from funding designated for construction of alternative
water supplies pursuant to the Florida Water Protection & Sustainability Program ( "the
Program "), which is governed by sections 373.0831 and 373.1961 Fla. Stat. (2005). Funding
received through this Agreement shall be used solely for the construction of the alternative water
supply project identified in Exhibit A, Statement of Work and Exhibit B, Supplemental
Information Package ( "the Project "). This Agreement is with City of Sanford, a Florida
municipality, whose address is: 300 N. Park Avenue, Sanford, Florida 32771 (the "Recipient" or
"City"). The Recipient hereby agrees that funding received from the District for the Project may
not be used for any work associated with the research, design, and permitting aspects of the
Project. This agreement consists of the following items: Exhibit A, Statement of Work, Exhibit
B, Supplemental Information Package, Exhibit C -1, Cost Schedule for the North Seminole
Regional Reclaimed Water and Surface Water Augmentation System Expansion and
Optimization Project — Phase 1 of Project 1, Exhibit C -2, Cost Schedule for the New East Lake
Mary Reclaimed Water Main Extension Project, Attachment 1, District Supplemental Instruction,
Attachment 2, Notice to Proceed, and all other attachments and exhibits.
2. Execution of Agreement. This cost share agreement shall constitute an offer until authorized, signed
and returned to the District by Recipient. Failure to do within sixty (60) days of receipt shall result in
a retraction of this offer by the District.
3. Term of Agreement. This Agreement shall extend from the Effective Date through December 31,
2007 ( "Completion Date ").
The Effective Date of this Agreement shall be the date upon which the last party to this
Agreement has dated and executed the same. Recipient shall not be eligible for reimbursement for
any work that is commenced, or costs that are incurred, prior to the Effective Date.
4. Scope of Project. Recipient shall commence work funded hereunder ( "the Work ") within fifteen
(15) days after receipt of the fully executed Agreement from the District, and shall prosecute the
Work diligently in accordance with Exhibit "A ", "Statement of Work" (attached), and Exhibit `B ",
Supplemental Information Package (attached). Recipient shall not commence work in subsequent
fiscal years, until the District issues a written Notice to Proceed (Attachment 2).
5. Permits. Recipient is required to obtain any and all permits from governmental entities that are
necessary for performance of the Work. Any Work not properly permitted prior to implementation
or completed without proper permits shall not be considered in compliance with this Agreement,
shall not constitute Work performed hereunder, and shall not be approved for payment by the
Contract #SJ38512
District. Recipient shall be solely responsible for any fines or penalties associated therewith and the
cost of removal of said unauthorized construction.
6. Legislative Requirements. The Florida Legislature requires recipients of funds granted through the
Program to meet several specific conditions. The Recipient must provide the District with written
assurance of its continued qualification under these requirements with submittal of its invoice in
order to continue to receive funding hereunder. Details concerning these requirements appear in
subsections 373.1961(3xc), (e) and 6), Fla. Stat.
A Recipient receiving funding through this Agreement that operates a public water supply utility
shall be required to develop a rate structure for water customers in the service area of the funded
utility that will: (1) promote the conservation of water, and (2) promote the use of water from
alternative water supplies.
Project Management. The parties shall designate Project Managers, who shall be responsible for
overall coordination, oversight, and management of the Work. The parties agree to the following
persons being designated as Project Manager:
DISTRICT
Elizabeth Thomas, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
(407) 659 -4868
E -mail: ethomas@sjrwmd.com
RECIPIENT
Bill Marcous, Project Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
(407) 330 -5649
E -mail: marcousw @ci.sanford.fl.us
8. Change in Project Manager. Either party to this Agreement may change its Project Manager by
providing not less than three (3) working days prior written notice of the change to the other
party.
9. Notices. All notices to each party shall be in writing and shall be either hand- delivered or sent
via U.S. certified mail to the respective party's Project Manager at the names and addresses
specified above. All notices shall be considered delivered upon receipt. Should either party
change its address, written notice of the new address shall be sent to the other parties within five
business days. Except as otherwise provided herein, notices may be sent via e-mail or fax, which
shall be deemed delivered on the date transmitted and received.
10. Quarterly Progress Reports. Recipient shall provide to the District regular project update/status
reports by September 0; December 0; March 1� and June 1� of each year. Reports will provide
detail on progress of the Project and outline any potential issues affecting project completion or the
overall schedule. Status reports may be submitted in any form agreed to by District's Project
Manager and the Recipient, and may include emails, memos, and letters.
11. 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.
12. Performance Monitoring. For as long as the Project is operational, the District shall have the right
to inspect the operation of the Project during normal business hours upon reasonable prior notice.
Recipient shall make available to the District any data that is requested pertaining to Project
performance.
Contract #SJ38512
13. Liability and Insurance. Each party to the agreement is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. The parties further agree that nothing contained herein shall be
construed or interpreted as denying to any party any remedy or defense available to such parties
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.
14. Diversity. The District is committed to the opportunity for diversity in the performance of all
procurements, and encourages its prime vendors (contractors and suppliers) to make good faith
efforts to ensure that women and minority-owned business enterprises (W/MBE) are given the
opportunity for maximum participation as the second- and lower -tier participants. To this end, as
requested, the District will assist the Recipient by sharing information on WIMBEs to encourage
their participation.
15. Amount of Funding. For satisfactory performance of the "Work" described as North Seminole
Regional Reclaimed Water and Surface Water Augmentation System Expansion and
Optimization Project — Phase 1 of Project 1, the District agrees to pay the Recipient a sum in the
amount not to exceed $1,440,000 ($420,000 in FY 2006 and $1,020,000 in 2007) or up to forty
percent (40 %) of the total construction costs for this element of the Project, whichever is less.
For satisfactory performance of the "Work" described as the New East Lake Mary Reclaimed
Water Main Extension Project, the District agrees to pay the Recipient a sum in the amount not to
exceed $130,000 or up to twenty percent (20 1 /6) of the total construction costs for this element of
the Project, whichever is less. The Recipient shall provide at least sixty percent (60 %) of the total
construction costs of the Project, unless a different amount is authorized pursuant to section
373.1961(3)(e), Fla. Stat. The Recipient shall notify the District's Project Manager in writing
upon receipt of additional State funding for the completion of the Project.
Multi -Year Funding Allocation. The following represents the anticipated amount of funding
the District may authorize for each fiscal year. This information is provided for planning
purposes only, and does not represent a commitment on the part of the District. The District
reserves the right to revise these amounts annually, prior to the beginning of each Fiscal Year.
Fiscal Year 2006: $ 550,000
Fiscal Year 2007: $1,020,000
16. Funding Contingency: Funding for each applicable fiscal year of this Agreement is at all times
contingent upon funding, 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 beyond the current Fiscal Year are subject to annual
appropriation of funds, in the sole discretion and judgment of the District's Governing Board, for
each succeeding year. Should the Work provided for hereunder not he approved, in whole or in
part, for funding by an external funding source, or the Governing Board in succeeding years, the
District shall so notify Recipient and this Agreement shall be deemed terminated for convenience
in accordance with Paragraph 22, TERMINATION OF AGREEMENT, five (5) days after receipt
of such notice, or within such additional time as the District may allow.
17. Fiscal Year. For the purpose of this Agreement, Fiscal Year is defined as the period beginning
October 1 and ending September 30.
Contract #SJ38512
18. Payment of Funds. All invoices shall reference the contract number shown on the first page of
this Agreement, and shall be submitted to the St. Johns River Water Management District,
Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177, or may be
entailed to acctpay @sjrwmd.com. Recipient shall transmit invoice using only one of the two
methods, but shall not use both Recipient shall submit itemized quarterly invoices for
reimbursement based upon the actual Work performed and shall bill as per Exhibit C -1, Cost
Schedule for the North Seminole Regional Reclaimed Water and Surface Water Augmentation
System Expansion and Optimization Project — Phase 1 of Project 1, and Exhibit C -2, Cost
Schedule for the New East Lake Mary Reclaimed Water Main Extension Project. For the North
Seminole Regional Reclaimed Water and Surface Water Augmentation System Expansion and
Optimization Project — Phase 1 of Project 1, the District will reimburse the Recipient up to forty
percent (40 %) of actual construction costs, but in no event shall the total amount for this portion
of the Work exceed $1,440,000 ($420,000 in FY 2006 and $1,020,000 in 2007). For the New
East Lake Mary Reclaimed Water Main Extension Project, the District will reimburse the
Recipient up to twenty percent (20 %) of actual construction costs, but in no event shall the total
amount for this portion of the Work exceed $130,000. In no event shall the District's total
reimbursement exceed $1,570,000. The invoice shall include receipts from contractors and/or
suppliers for the specified construction expenditures, and verification of the Project complying
with local and state building requirements, including verification of any required permits. All
documentation required for verification of invoices shall be received and approved by the District
prior to release of payment. Invoices that do not correspond to the Cost Schedule or other
requirements of this paragraph will be returned to Recipient without action within twenty (20)
business days of receipt and shall state the basis for rejection of the invoice. Payments shall be
made within forty-five (45) days of receipt of an invoice that conforms to this paragraph. The
provisions in this paragraph relating to payment of funds shall supersede any other provisions or
attachments contained in this Agreement.
19. Final Payment. The final invoice to the District must be received not later than 90 days
after the Completion Date.
20. Price Escalation. No price adjustments will be approved during the term of this Agreement.
This includes, but is not limited to, adjustments due to cost of living increases and/or unforeseen
site conditions.
21. Repayment of Funds. Funds shall be subject to repayment by Recipient after expiration of this
Agreement if, upon a post- project audit examination, the District finds that: (1) Recipient has spent
funds for purposes other than those provided for herein, (2) Recipient has received duplicate funds
from the District for the same purpose, and/or (3) Recipient has received more than one hundred
percent (100 %) contributions for the project through cumulative public agency cost - sharing funding.
22. Termination of Agreement. If the Recipient materially fails to fulfill its obligations under this
Agreement, including the specific milestones established in the Agreement, the District shall provide
written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the
material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to
cure the breach within the thirty (30) day period, the District shall issue a Termination for Default
Notice. Should the District terminate for default in accordance with this provision, the District shall
be entitled to recover procurement costs in addition to all other remedies under law and/or equity.
The District may terminate this Agreement at any time for convenience upon thirty (30) calendar
days prior written notice to the Recipient.
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Contract #SJ38512
Notwithstanding anything in this Agreement to the contrary, the District reserves the right to
terminate the Agreement immediately without notice in the event any of the representations
contained in the Project Proposal are found to be false or if the Recipient fails to complete the
construction and performance of all work items described in Exhibit A, Statement of Work.
In the event an Agreement is terminated, the District shall ensure all unspent funds are made
available for use in the Program.
23. Failure to Complete Project. In the event Recipient fails to complete the Project, Recipient shall
refund to the District all funds that have been provided to Recipient pursuant to this Agreement;
provided, however, that the District, in its sole judgment and discretion, may determine that
Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control,
or due to a good faith determination that the Project is no longer environmentally or economically
feasible, in which event the District may excuse Recipient from the obligation to return the funds
provided hereunder. If the Project has not been completed within thirty (30) days after the
Completion Date, Recipient shall provide the District with notice regarding its intention as to
completion of the Project. The parties shall discuss the status of the Project and may mutually agree
to revise the Completion Date or the scope of the Project. Failure to complete the Project within one
hundred and eighty (180) days of the then - current Completion Date shall constitute failure to
complete the Project for the purposes of this provision.
24. Interest of Recipient. Recipient certifies that no officer, agent, or employee of the District has
any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the
business of Recipient to be conducted hereby, and that no such person shall have any such
interest at any time during the term of this Agreement.
25. Independent Contractor. Recipient is an independent contractor. Neither Recipient nor
Recipient's employees are employees of the District. Recipient shall have the right to control and
direct the means and methods by which the Work is accomplished. Recipient is solely
responsible for compliance with all labor and tax laws pertaining to it, its officers, agents, and
employees.
26. 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.
27. 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.
28. Audit. Access to Records. Until the expiration of three (3) years after expenditure of funds
hereunder, the District shall have access to examine any of Recipient's records involving
transactions related to this Agreement. Recipient shall preserve all such records for a period of
not less than three (3) years. Payment(s) made hereunder shall be reduced for amounts charged
that are found on the basis of audit examination not to constitute allowable costs under this
Agreement. Expenditures that constitute allowable costs shall be agreed upon by the District and
Recipient prior to commencement of the Recipient's obligations under this Agreement. Recipient
shall refund any such reduction of payments. All required records shall be maintained until an
Contract #SJ38512
audit has been completed and all questions arising from it are resolved. Recipient shall provide
proper facilities for access to and inspection of all required records.
29. 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.
30. Governing Law. This Agreement shall be construed according to the laws of the State of Florida.
31. Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for
such proceedings, if in state court, shall be in Orange County, Florida, and if in federal court,
shall be in the Middle District of Florida, Orlando Division.
32. Attorney's Fees. In the event of any legal or administrative proceedings arising from or related to
this Agreement, including appeals, each party shall bear its own attorney's fees.
33. Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to
this Agreement, Recipient hereby consents to trial by the court and waives its right to seek a jury
trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial.
34. Construction of Agreement. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel
for one of the parties, it being recognized that both parties, have contributed substantially and
materially to the preparation hereof.
35. Entire Agreement. This Agreement, upon execution by Recipient and the District, constitutes
the entire agreement of the parties. The parties are not bound by any stipulations, representations,
agreements, or promises, oral or otherwise, not printed or inserted herein. Recipient agrees that no
representations have been made by the District to induce Recipient to enter into this Agreement
other than as expressly stated herein. This Agreement cannot be changed orally or by any means
other than written amendments referencing this Agreement and signed by all parties.
36. Separate Counterparts. This Agreement may be executed in separate counterparts, which shall
not affect its validity.
Contract #SJ38512
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
contract to he executed this 14,eZ of 2006, in its name by its Executive
Director, and the Recipient has caused this Agreement to be executed on the day and year written below in
its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to
be attached.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
CITY OF SANFORD
By:
Kirby B. reen III, E ecutive Director
Date: S- IS - O &
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
�.
[,../Stan ey J. Niego, Sr. Assistant General Counsel
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
By:
Sherman Yehl, Ci Manager
Typed Name and Title
Date: pS, c: 0 a 6
Attest �t l6Q • �{ /�
Janet 7 , City Clerk
Typed Name and Title
/s/ William L. Colbert
William L. Colbert
Contract #SJ38512
EXHIBIT A
STATEMENT OF WORK
WATER PROTECTION AND SUSTAMABILITY PROGRAM
NORTH SEMINOLE REGIONAL RECLAIMED WATER AND SURFACE WATER
OPTIMIZATION SYSTEM EXPANSION AND OPTIMIZATION PROJECT
1. 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 by Governor
Jeb Bush. 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 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.
In order to properly evaluate the alternative water supply projects identified in the DWSP for inclusion in
this program, a letter was sent to all project sponsors on December 9, 2005 requesting supplemental
information. Staff evaluated the projects based on the 12 factors described in 373.1961(3)(f) and (g),
Florida Statute (2005), four additional evaluation factors added by the District's Governing Board, and
the supplemental information provided by the sponsors. The results of the evaluations and proposed
funding levels were presented at a public meeting held at the District on February 16, 2006. On March 7,
2006, the District's Governing Board gave final approval of the projects and funding levels.
The North Seminole Regional Reclaimed Water and Surface Water Optimization System Expansion and
Optimization Project was approved. The City of Sanford (City) is the lead agency on this project. The
following two elements of the Project are included in this Agreement:
The North Seminole Regional Reclaimed Water and Surface Water Augmentation System
Expansion and Optimization Project — Phase 1 of Project 1
The New East Lake Mary Reclaimed Water Main Extension Project
II. OBJECTIVES:
The project will achieve the following objective:
• Reduce the use of fresh groundwater for non - potable water needs
Ut, SCOPE OF WORK:
The City shall manage the construction of the North Seminole Regional Reclaimed Water and Surface
Water Augmentation System Expansion and Optimization Project — Phase 1 of Project 1. This project
will make 4.0 mgd of St. Johns River water available for reclaimed water augmentation. The components
of the project will include the installation of reclaimed water pretreatment and disinfection. Additionally,
the City shall manage the construction of the New East Lake Mary Reclaimed Water Main Extension
Contract #SJ38512
Project. This project will increase the reclaimed water transmission system capability by approximately
0.67 mgd.
IV. TASK IDENTIFICATION:
The City shall be responsible for the following:
• Obtaining project final design, construction plans and specifications
• Providing a copy of City'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
• 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 the 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. TIMEFRAMES AND DELIVERABLES
• City shall commence work under the Agreement within fifteen (15) calendar days after the
effective date of the Agreement
• City shall provide District copies of the construction contract bid documents and the Cost
Schedule for the awarded construction contract within thirty (30) days of contract award. The
Cost Schedule, and the reimbursement percentage calculation, described in Section VI, below,
shall be incorporated into this agreement as Exhibit C.
• City shall provide certification of construction completion within thirty (30) days of project
completion.
• City shall complete the project, including all tasks defined in this Agreement no later than
December 31. 2007.
VI. CONTRACT BUDGET
The estimated total project cost is $4,200,000. The project cost share from the WPSP is as follows:
FY 06: $ 550,000
FY 07: $1,020,000
Total not -to- exceed WPSP funds: $1,570,000
District shall reimburse City up to 20% of construction cost eligible in accordance with the WPSP,
limited to an amount not to exceed $1,570,000. Future year funding is dependent upon continuing
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Contract #SJ38512
availability of State WPSP funds and approval of the District budget by the Governing Board. The City
shall not commence work in subsequent fiscal years, until the District issues a written Notice to Proceed
(Attachment 2).
District's quarterly reimbursement to City 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 City the amount of the remaining
funds provided for in this Agreement up to an amount not exceeding 20% 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.
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Contract #SJ38512
EXHIBIT B
SUPPLEMENTAL INFORMATION PACKAGE
Contract #SJ38512
EXHIBIT C -1
COSTSCHEDULE
North Seminole Regional Reclaimed Water and Surface Water Augmentation System Expansion
and Optimization Project— Phase 1 of Project I
To be incorporated into the Agreement as Exhibit C upon execution of the construction contract.
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Contract #SJ38512
EXHIBIT C -2
COST SCHEDULE
New East Lake Mary Reclaimed Water Main Extension Project
To be incorporated into the Agreement as Exhibit C upon execution of the construction contract.
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Contract #SJ38512
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: Date:
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:
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: Date:
Connie Rozier, Contracts Administrator
cc: Financial Management
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