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1701* SJRWMD #28079 Amdmt 1 Aquifer Storage Recovery System Contract#28079 Amendment#1 FIRST AMENDMENT TO THE COST SHARE AGREEMENT BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF SANFORD FOR ENHANCEMENT TO THE AQUIFER STORAGE RECOVERY SYSTEM THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST.JOHNS RIVER WATER MANAGEMENT DISTRICT("District"),whose mailing address is 4049 Reid Street, Palatka, Florida 32177,and CITY OF SANFORD("Recipient"),whose address is P.O.Box 1788,Sanford, Florida 32772-1788,and is effective on the date the last party has executed same. PREMISES: The parties entered into Agreement No.28079 on March 10,2015,to provide funding for the Recipient's Enhancement to the Aquifer Storage Recovery System project("Agreement"). The parties desire to amend the Agreement. NOW,THEREFORE,in consideration of the above premises,which are hereby made a part of this amendment,the mutual covenants contained herein,and other good and valuable consideration,the parties hereby agree to amend the Agreement as follows: 1. Paragraph 1(a)-TERM;WITHDRAWAL OF OFFER:delete this paragraph and replace it with the following paragraph: (a) The term of this Agreement is from March 10,2015("Effective Date")until March 29,2017 ("Completion Date").Time is of the essence for every aspect of this Agreement, including any time extensions. All provisions of this Agreement that by their nature extend beyond the Completion Date shall survive the termination or expiration of this Agreement. 2. Paragraph 4(a)—AMOUNT OF FUNDING:Delete and replace with the following: (a) For satisfactory completion of the Project,the District shall pay Recipient approximately thirty-three percent(33%)of the total construction cost of$709,278.80 for the Project,but in no event shall the District cost-share exceed$234,062.The District cost-share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. 3. Paragraph 5(a)—PAYMENT OF INVOICES: Delete and replace with the following: (a) Recipient shall submit itemized invoices as per the Revised Statement of Work,Attachment A-1 for reimbursable expenses by one of the following two methods:(1) by mail to the St. Johns River Water Management District, Finance Director,4049 Reid Street, Palatka, Florida 32177,or(2) by e-mail to acctpay@sjrwmd.com. The invoices shall be submitted in detail sufficient for proper pre-audit and post-audit review. The invoices shall include a copy of Page 1 of 5 Contract#28079 Amendment#1 contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for approved expenses in accordance with the Cost Schedule for Reimbursement in Section VI of Attachment A-1 for each invoice submitted until the not-to- exceed amount ofthe District's cost-share has been expended. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation,if applicable,as provided in subsection(g).If necessary for audit purposes, Recipient shall provide additional supporting information as required to documentinvoices. 4. Attachment A, STATEMENT OF WORK, is hereby modified as follows: The current Statement of Work is hereby deleted and replaced with the Revised Statement of Work attached hereto as Attachment A-1. 5. All other terms and conditions of the Agreement, including any subsequent amendments, are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF,the parties hereto have duly executed this amendment on the date setforth below. ST.JOHNS RIVER WATER CITY OF SANFORD MANAGEMENT DISTRICT A-B • r By: B.Sho elle, Ph. .,Executiv ector or 15 ~City Manager ��, Norton N. bona arte,Jr., Date: Date: Attachment A-1-Revised Statement of Work 1 Last updated: 12-15-11 Page 2 of 5 Contract#28079 Amendment#1 ATTACHMENT A-1—REVISED STATEMENT OF WORK CITY OF SANFORD ENHANCEMENT TO THE AQUIFER STORAGE RECOVERY SYSTEM 1. INTRODUCTION/BACKGROUND The St.Johns River Water Management District(District) is continuing its Cooperative Cost Share Initiative Program in FY2015 to develop and implement resource and water supply development projects and promote conservation. Each project selected for funding will have a positive benefit to Minimum Flows and Levels(MFLs),water quantity,water quality,and/or natural systems and supports the District's Strategic Initiatives.The City of Sanford(Recipient)has requested and been selected as a participant in this cost share program. On June 10, 2014 the District's Governing Board approved funding for the Recipient's Enhancement to the Aquifer Storage Recovery(ASR)System Project for$333,861.00 towards the estimated construction cost of $1,011,700.Since the Governing Board approval,the project was modified and the construction cost revised to$709,278.80.The revised District funding is$234,062. II. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to construct enhancements to its ASR System.The existing ASR System receives water from WTP 2.This project will allow the Recipient to use two additional water sources individually or blended;the Recipient's Main WTP and raw groundwater from the Hidden Lakes wellfield. Injecting raw groundwater should reduce the pretreatment operating expense. Information learned from this phase of the Recipient's ASR System development will increase their operational flexibility, knowledge,and use of this technology.The successful application of ASR technology elsewhere in the Central Florida Water Initiative area will improve through the Recipient's efforts enhancing their current system. Ill. SCOPE OF WORK Recipient is designing, permitting,and constructing a project that provides the ability to inject water into its ASR System from its Main WTP and Hidden Lakes wellfield, blended or solely from each source. The project includes the construction of transmission and yard piping,dual pump stations,fiberglass storage tank,and modifications to existing SCADA programming. The Recipient shall ensure the responsibilities in the Project Administration section of the Statement of Work are completed. IV. PROJECT ADMINISTRATION The Recipient shall be responsible for performing the following: • Complete and obtain final project design,construction plans,and specifications; Page 3 of 5 Contract#28079 Amendment#1 • Provide a copy of Recipient's executed construction contract documents to the District's Project Manager; • Provide a copy of any subsequent change orders to the contract to the District's Project Manager; • Obtain all required permits, including right of access to the project sites related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Submit timely invoices for actual construction costs in accordance with this cost share agreement to enable proper review by the District's Project Manager prior to payment authorization; • Provide Project Progress Reports,Attachment B,quarterly to the District's Project Manager and the District's Budget Coordinator, Email address mlicourt@sirwmd.com. Information shall include project progress to date,key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, projected costs versus actual cost to date,and other required information. If no work has been done within the quarter, Recipient must submit the quarterly progress report indicating"no progress to report." • Provide certification of partial or completed construction for each reimbursement request by a Professional Engineer registered in the state of Florida;and • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. V. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost-share agreement is March 29, 2017. The Tasks and projected Task schedules are as follows: Anticipated Anticipated Completion Task Description Start Date Date Task 1 General Conditions(Mob/demob,bonds,etc.) 3/21/16 3/29/17 Task 2 Civil/Site(Site Layout,clearing,grading,erosion control, 4/1/16 3/29/17 demolition, landscaping,site restoration,concrete, fencing, piping,etc.) Task 3 Mechanical(ASR system pump station and piping) 6/1/16 3/29/17 Task 4 Electrical and Instrumentation 6/1/16 3/29/17 Task 5 Miscellaneous(project controls and record drawings) 7/1/16 3/29/17 VI. BUDGET/COST SCHEDULES For satisfactory completion of the Project,the District shall pay Recipient approximately thirty-three percent(33%)of the actual construction cost of the Project,estimated at$709,278.80, but in no event shall the District's cost-share exceed $234,062. It is anticipated that the FY breakdown will be$151,372.49 for FY 2015-16 and$82,689.51 for FY 2016-17. Recipient shall invoice the District quarterly with appropriate documentation. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient,and other required Page 4 of 5 Contract#28079 Amendment#1 supporting documentation for reimbursement up to match amount. For in-house expenses,Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project.The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated,the District's cost-share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for Project construction work beginning October 1,2014. Estimated Cost Schedule for Reimbursement of$151,372.49 for FY 2015-16(all dollar amounts are approximate and may be reallocated between the tasks within the two FYs). Estimated Estimated Reimbursement Task Description Task Amount Amount Task I General Conditions (Mob/demob, bonds,etc.) $58,500.00 $19,305.00 Task 2 Civil/Site(Site Layout,clearing,grading,erosion control,demolition, landscaping,site restoration, $207,900.00 $68,607.00 concrete,fencing, piping,etc.) Task 3 Mechanical(ASR system pump station and $89,816.09 $29,639.31 piping) Task 4 Electrical and Instrumentation $100,280.00 $33,092.40 Task 5 Miscellaneous(project controls and record $2,208.42 $728.78 drawings) Estimated Cost Schedule for Reimbursement of$82,689.51 for FY 2016-17(all dollar amounts are approximate and may be reallocated between the tasks within the two FYs). Estimated Estimated Reimbursement Task Description Task Amount Amount Task 1 General Conditions(Mob/demob, bonds, etc.) $6,500.00 $2,145.00 Task 2 Civil/Site(Site Layout,clearing,grading,erosion control,demolition, landscaping,site restoration, $2,100.00 $693.00 concrete,fencing, piping,etc.) Task 3 Mechanical(ASR system pump station and piping) $230,955.70 $76,215.38 Task 4 Electrical and Instrumentation $8,720.00 $2,877.60 Task 5 Miscellaneous(project controls and record $2,298.58 $758.53 drawings) Page 5 of 5