1103-SJRWMD-N Sem Reg Recl Wtr Ph 1S t* o ns Riv Mal rIx
., 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 www.sirwmd.com.
March 2, 2009
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Bill Marcous.:
7006 0810 0006 3024 1738
1
Enclosed is one fully executed original of Amendment #4 to Contract #24042 — WPSP North Seminole Regional
Reclaimed Water and Surface Water Optimization System Expansion and Optimization, Phase 1 of Project 1 for
your records.
Sincerely,
Lek X e-
_�
U
Connie Rozier, CPPB
Senior Contracts Administrator
David G. Graham CHAIRMAN
JACKSONVILLE
Douglas C. Bournique
VERO BEACH
GOVERNING BOARD
Susan N. Hughes VICE CHAIRMAN Ann T. Moore SECRETARY W. Leonard Wood TREASURER
PONTE VEDRA BUNNELL FERNANDINA BEACH
Michael Ertel Hersey "Herky' Huffman Arlen N. Jumper Hans G. Tanzler III
OVIEDO ENTERPRISE FORT MCCOY JACKSONVILLE
M
Contract#24042
Amendment #4
IT
Lo
FOURTH AMENDMENT TO THE AGREEMENT BETWEEN ex
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF SANFORD
FOR THE WPSP - NORTH SEMINOLE REGIONAL RECLAIMED WATER AND SURFACE
WATER OPTIlVIIZATION SYSTEM EXPANSION AND OPTIMIZATION,
PHASE 1 OF PROJECT 1 6
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 #24042 on May 18, 2006, for the
Construction of the North Seminole Regional Reclaimed Water and Surface Water Augmentation System
Expansion and Optimization and amended the Agreement on February 6, 2007 (Amendment # 1), January 1,
2008 (Amendment #2); October 1, 2008 (Amendment #3) and;
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:
1. Paragraph 15 - Amount of Funding Delete this paragraph and replace it 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 $1,281,512 or up to
forty percent (40 %) of the total construction costs for work performed during FY06 and up to thirty
(30 %) of the total construction costs for work performed during subsequent fiscal years for this
element of the Project, whichever is less. For work described as the new East Lake Mary Reclaimed
Water Main Extension, the District agrees to pay the Recipient a sum in the amount not to exceed
$28,488. 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.
2. Paragraph 18 - Payment of Funds Delete this Paragraph and replace 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.
The District will reimburse the Recipient up to forty percent (40 %) of actual construction costs for
work performed during FY06 and up to thirty (30 %) for work performed in subsequent fiscal years,
but in no event shall the total amount for this element of the Work exceed $1,281,512, nor shall the
totaled amount for this Work exceed $1,281,512. For work described as the new East Lake Mary
Reclaimed Water Main Extension, the District will reimburse the Recipient a sum in the amount not
to exceed $28,488. 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
Page 1
Contract#24042
Amendment #4
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.
3. Statement of Work, Section VI – Contract Budget Delete this section and replace it with the
following:
The estimated total project cost is $4,200,000. The project cost share from the WPSP shall not
exceed $1,310,000.
District shall reimburse City up to forty percent (40 %) of construction cost eligible in FY06 for the
Phase I element and up to thirty percent (30 %) in subsequent years for this element of the Work, in
accordance with the WPSP, limited to an amount not to exceed $1,281,512. District shall reimburse
City $28,488 for the new East Lake Mary Reclaimed Water Main Extension.
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 the
percentages identified in the original Agreement 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.
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.
below.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By: a9i 9. Z4��� —
Kirby B reen, Executive DirectWor designee
�: 2/a7/0Y
CITY OF SANFORD
Mavor Linda Kuhn
Typed Name and Title
Date:
Attest:
Janet R. Dougherty, City Clerk
Typed Name and Title
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