1103-Cost Share Agrmnt-Water Pro-1st Amendmento ns Ri
WWI
St.-
M Water Management District
Kirby B. Green III, Executive Director - David W. Fisk, Assistant Executive Director
C'_ // c�
4049 Reid Street - P.O. Box 1429 - Palatka, FL 32178 -1429 - (386) 329 -4500
On the Internet at www.sjrwmd.com.
February 6, 2007
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Bill Marcous:
Enclosed is one executed original of Amendment #1 to Contract # SJ38512 —WPSP North
Seminole Regional Reclaimed Water and Surface Water Optimization System Expansion and
Optimization, Phase 1 of Project 1 for your records.
If you have any questions please call me at (386) 329 -4211.
Thank you,
Connie Rozier, CPPB
Senior Contracts Administrator
David G. Graham CHAIRMAN
JACKSONVILLE
GOVERNING BOARD —
John G. Sowinski VICE CHAIRMAN Ann T Moore SECRETARY
ORLANDO BUNNELL
J
Duane L. Ottenstroer TREASURER
JACKSONVILLE
R Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Lona_ W Leonard Wood
Contract #SJ38512
Amendment #I
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF SANFORD
FOR THE WPSP - NORTH SEMINOLE REGIONAL RECLAIMED WATER AND SURFACE
WATER OPTIMIZATION SYSTEM EXPANSION AND OPTIMIZATION, PHASE 1 OF
PROJECT I
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT ( "the District "), whose mailing address is 4049
Reid Street, Palatka, Florida 32177 and CITY OF SANFORD ( "City "), whose address is 300 N. Park
Avenue, Sanford Florida 32771 and is effective on the date the last party has executed same.
WHEREAS, the District and City entered into Agreement SJ38512 on May 18, 2006, for the North
Seminole Regional Reclaimed Water and Surface Water Optimization System Expansion and Optimization
Project.
WHEREAS, the District and City desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good
and valuable consideration, the District and City hereby agree to the following amendments:
Amount of Funding: Paragraph 15 shall be deleted and replaced with the following:
"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 $1,180,000
($420,000 in FY 06 and $760,000 in FY 07). For Work done in FY 06 the District will reimburse
the Recipient up to forty percent (40 %) of actual construction costs; for Work done in FY 07 the
District will reimburse the Recipient up to thirty percent (30 %) of actual construction costs.
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 %) of the actual 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: $760,000
Page 1 of 6
Contract #SJ38512
Amendment #I
2. Payment of Funds: Paragraph 18 shall be deleted and replaced with the following:
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 emailed 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 in FY 06, and will reimburse the Recipient up to thirty percent (30 %)
of actual construction costs in FY 07, but in no event shall the District's total reimbursement for
this portion of the Work exceed $1,180,000 ($420,000 in FY 06 and $760,000 in FY 07).
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 for this portion of the Work exceed $130,000.
The invoices 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."
The District and City agree that all other terms and conditions of the original Agreement are hereby
ratified and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set
forth below.
Page 2 of 6
Contract #SJ38512
Amendment #1
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
CITY OF SANFORD
By:
Kirby B. Gree III, Execu ve Director, or Designee
Date:
t :
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
r /Stanle)"J. Niego, Sr. Assistant General Counsel
B
nN %4v'�
Typed Name and Title
Date: ) - 4 Z —v
Attest:
Typed Name and Title
Page 3 of 6
Contract #<<CONTNO»
Amendment #<<AmendNumber»
EXHIBIT A -1
REVISED STATEMENT OF WORK
WATER PROTECTION AND SUSTAINABILITY PROGRAM
NORTH SEMINOLE REGIONAL RECLAIMED WATER AND SURFACE WATER
OPTIMIZATION SYSTEM EXPANSION AND OPTIMIZATION PROJECT
I. 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
III. 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
Page 2 of 6
Contract #<<CONTNO»
Amendment #<<AmendNumber»
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: $760,000
Total not -to- exceed WPSP funds: $1,310,000
District will reimburse City up to forty percent (40 %) of actual construction cost in FY06 for the North
Seminole Regional Reclaimed Water and Surface Water Augmentation System Expansion and
Page 3 of 6
Contract #<<CONTNO»
Amendment #<<AmendNumber»
Optimization Project - Phase 1 of Project 1, and up to twenty percent (20 %) for the New Lake Mary
Reclaimed Water Main Extension Project eligible in accordance with the WPSP. In FY 07 the District
will reimburse City up to thirty percent (30 %) of construction cost for the North Seminole Regional
Reclaimed Water and Surface Water Augmentation System Expansion and Optimization Project - Phase 1
of Project 1, in accordance with the WPSP, limited to an amount not to exceed $1,310,000. Future year
funding is dependent upon continuing 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 in accordance with the reimbursement percentages established
herein, or the total value of that portion of the as -built project that is eligible for WPSP funding,
whichever is less.
Page 4 of 6