2015-112 Contract#28473
Encumbrance#S008105
COST-SHARE AGREEMENT
BETWEEN THE
ST JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF CLERMONT
THIS AGREEMENT("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 CITY OF CLERMONT("Recipient"),685 West Montrose Street,Clermont, Florida 34711
All references to the parties hereto include the parties,their officers, employees,agents,successors, and
assigns
RECITALS
The waters of the state of Florida are among its basic resources,and it has been declared to
be the policy of the Legislature to promote the conservation,development, and proper
utilization of surface and ground water Pursuant to chapter 373, Fla Stat,the District is
responsible for the management of the water resources within its geographical area
The District 2015-2016 cost-share funding program is designed to fund the construction of local
stormwater management and alternative water supply projects as well as conservation
implementation projects Its goals are to contribute to 1) reduction in water demand through
indoor and outdoor conservation measures, 2)development of alternative or non-traditional water
supply sources,such as reclaimed water,surface water,or seawater,3)water quality
improvements (for example, nutrient-loading reduction in springsheds or other surface-water
systems),and 4)water resource development opportunities (for instance, increasing available
source water through expansion or development of surface-water storage) The current cost-share
funding program also recognizes the importance of providing funding opportunities for
construction of flood protection and natural-systems restoration projects,which are important
components of the District's core mission focus
The District has determined that providing cost-share funding to Recipient for the purposes
provided for herein will benefit the water resources and one or more of the District's
missions and initiatives
At its August 2015 meeting,the Governing Board selected Recipient's proposal for cost-
share funding The parties have agreed to jointly fund the following project in accordance
with the funding formula further described in the Statement of Work,Attachment A
(hereafter the"Project")
Lower Floridan Aquifer Exploratory and Water Supply Development,Sunburst Well Numbers 1&2
Project
In consideration of the above recitals,and the funding assistance described below,Recipient agrees
to perform and complete the activities provided for in the Statement of Work,Attachment A Recipient shall
complete the Project 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)Attachment A-Statement of Work,and(3)all other attachments, if any The parties hereby agree to the
following terms and conditions
Page 1of15
Contract#28473
Encumbrance#S008105
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 January 31, 2017 ("Completion Date") Recipient
shall not commence the Project until any required submittals are received and approved
Time is of the essence for every aspect of this Agreement, including any time extensions
Any request for an extension of time beyond the Completion Date must be made before
November 1,2016 Timely requests to extend,for longer than three months,the
Completion Date of the Agreement for projects whose District contribution exceeds
$100,000 may only be approved by the District's Governing Board Notwithstanding
specific mention that certain provisions survive termination or expiration of this
Agreement,all provisions of this Agreement that by their nature extend beyond the
Completion Date survive termination or expiration hereof
(b) This Agreement constitutes an offer until authorized,signed and returned to the District by
Recipient This offer terminates forty-five(45)days after receipt by Recipient, provided,
however,that Recipient may submit a written request for extension of this time limit to the
District's Project Manager,stating the reason(s)therefor Request for extension of time after
the forty-five(45)days will be denied The Project Manager shall notify Recipient in writing if
an extension is granted or denied If granted,this Agreement shall be deemed modified
accordingly without any further action by the parties
(c) If the construction,which is eligible for District reimbursement,does not begin before
gg
September 30,2016,or if the first invoice for non-construction projects is not submitted by
September 30,2016,the cost-share agreement will be subject to termination and the funds
subject to reallocation
2 DELIVERABLES Recipient shall fully implement the Project, as described in the Statement of Work,
Attachment A Recipient is responsible for the professional quality,technical accuracy,and timely
completion of the Project Both workmanship and materials shall be of good quality Unless
otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor,
and other facilities and equipment necessary to complete the Project The District's Project
Manager shall make a final acceptance inspection of the Project when completed and finished in all
respects Upon satisfactory completion of the Project,the District will provide Recipient a written
statement indicating that the Project has been completed in accordance with this Agreement
Acceptance of the final payment by Recipient shall constitute a release in full of all claims against
the District arising from or by reason of this Agreement
3 OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein,the District does not assert an
ownership interest in any of the deliverables under this Agreement
4 AMOUNT OF FUNDING
(a) For satisfactory completion of the Project,the District shall pay Recipient approximately
thirty-three percent(33%)of the total construction cost of the Project, but in no event shall
the District cost-share exceed$1,980,000 The District cost-share is not subject to
modification based upon price escalation in implementing the Project during the term of
Page 2 of 15
Contract#28473
Encumbrance#S008105
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
(b) "Construction cost" is defined to include actual costs of constructing Project facilities,
including construction management Land acquisition,engineering design, and permitting
costs are excluded Construction cost does not include any costs incurred prior to the
Effective Date, unless expressly authorized by the Statement of Work Costs that are
excluded will not be credited toward Recipient's cost-share
(c) Cooperative funding shall not be provided for expenses incurred after the Completion Date
5 PAYMENT OF INVOICES.
(a) Recipient shall submit itemized invoices as per the Statement of Work,Attachment A 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 corn The invoices shall be submitted in detail
sufficient for proper pre-audit and post-audit review Invoices shall include a copy of
contractor and supplier invoices to Recipient and proof of payment Recipient shall be
reimbursed for approximately thirty-three percent(33%)of approved cost or the not-to-
exceed sum of$1,980,000,whichever is less 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 document invoices
(b) End of District Fiscal Year Reporting The District's fiscal year ends on September 30
Irrespective of the invoicing frequency,the District is required to account for all
encumbered funds at that time When authorized under the Agreement,submittal of an
invoice as of September 30 satisfies this requirement The invoice shall be submitted no
later than October 30 If the Agreement does not authorize submittal of an invoice as of
September 30, Recipient shall submit, prior to October 30,a description of the additional
work on the Project completed between the last invoice and September 30,and an
estimate of the additional amount due as of September 30 for such Work If there have
been no prior invoices, Recipient shall submit a description of the work completed on the
Project through September 30 and a statement estimating the dollar value of that work as
of September 30
(c) Final Invoice The final invoice must be submitted no later than forty-five(45)days after
the Completion Date, provided, however,that when the Completion Date corresponds with
the end of the District's fiscal year(September 30),the final invoice must be submitted no
later than thirty(30)days after the Completion Date Final invoices that are submitted
after the requisite date shall be subject to a penalty of ten percent(10%)of the invoice.
This penalty may be waived by the District,in its sole judgment and discretion,upon a
showing of special circumstances that prevent the timely submittal of the final invoice.
Recipient must request approval for delayed submittal of the final invoice not later than
ten(10)days prior to the due date and state the basis for the delay
Page 3 of 15
Contract#28473
Encumbrance#S008105
(d) All invoices shall include the following information (1) District contract number, (2) District
encumbrance number, (3) Recipient's name,address,and authorization to directly deposit
payment into Recipient's account(if Recipient has not yet provided the District with a
completed Direct Deposit Authorization form, (4) Recipient's invoice number and date of
invoice, (5) District Project Manager, (6) Recipient's Project Manager, (7)supporting
documentation as to cost and/or Project completion (as per the cost schedule and other
requirements of the Statement of Work), (8)Progress Report (if required), (9) Diversity
Report(if otherwise required herein) 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
J
(e) Travel expenses If the cost schedule for this Agreement includes a line item for travel
expenses,travel expenses shall be drawn from the project budget and are not otherwise
compensable If travel expenses are not included in the cost schedule,they are a cost of
providing the service that is borne by Recipient and are only compensable when specifically
approved by the District as an authorized District traveler In such instance,travel expenses
must be submitted on District or State of Florida travel forms and shall be paid pursuant to
District Administrative Directive 2000-02
(f) Payments withheld The District may withhold or,on account of subsequently discovered
evidence, nullify, in whole or in part,any payment to such an extent as may be necessary to
protect the District from loss as a result of (1)defective work not remedied,(2)failure to
maintain adequate progress in the Project, (3)any other material breach of this Agreement
Amounts withheld shall not be considered due and shall not be paid until the ground(s)for
withholding payment have been remedied
(g) Annual budgetary limitation For multi-fiscal year agreements,the District must budget the
amount of funds that will be expended during each fiscal year as accurately as possible The
Statement of Work,Attachment A, includes the parties'current schedule for-completion of
the Work and projection of expenditures on a fiscal year basis(October 1—September 30)
("Annual Spending Plan") If Recipient anticipates that expenditures will exceed the budgeted
amount during any fiscal year,Recipient shall promptly notify the District's Project Manager
and provide a proposed revised work schedule and Annual Spending Plan that provides for
completion of the Work without increasing the Total Compensation The last date for the
District to receive this request is August 1 of the then-current fiscal year The District may in
its sole discretion prepare a District Supplemental Instruction Form incorporating the revised
work schedule and Annual Spending Plan during the then-current fiscal year or subsequent
fiscal year(s)
6 LIABILITY AND INSURANCE Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party,its officers,employees and agents
Recipient accepts all risks arising from construction or operation of the Project 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
Page 4 of 15
Contract#28473
Encumbrance#S008105
maintain throughout the term of this Agreement such liability,workers'compensation,and
automobile insurance as required by their current rules and regulations
7 FUNDING CONTINGENCY.This Agreement is at all times 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 Project not be funded, in whole or in part, in the current Fiscal Year or 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
8 PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project Either party may change its Project Manager upon three(3)
business days prior written notice to the other party Written notice of change of address
shall be provided within five(5) business days All notices shall be in writing to the Project
Managers at the addresses below and shall be sent by one of the following methods (1)
hand delivery, (2) U S certified mail, (3) national overnight courier,or(4)e-mail Notices
via certified mail are deemed delivered upon receipt Notices via overnight courier are
deemed delivered one(1)business day after having been deposited with the courier
Notices via e-mail are deemed delivered on the date transmitted and received
DISTRICT RECIPIENT
Patrick C Burger, P E James Kinzler
Project Manager Project Manager
St Johns River Water Management District City of Clermont
4049 Reid Street 685 West Montrose Street
Palatka, Florida 32177 Clermont, Florida 34711
386-329-4194 352-241-0178 •
E-mail pburger(casirwmd corn E-mail jkinzler@clermontfl 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 Project The District's Project Manager may
issue a District Supplemental Instruction (DSI)form,Attachment C,to authorize minor
changes in the Project that the parties agree are not inconsistent with the purpose of the
Project,do not affect the District cost-share,Completion Date,or otherwise significantly
modify the terms of the Agreement
9 PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports Recipient shall provide to the District quarterly Project update/status
reports as provided in the Statement of Work Reports will provide detail on progress of the
Page 5 of 15
Contract#28473
Encumbrance#5008105
Project and outline any potential issues affecting completion or the overall schedule
Recipient shall use the District's Project Progress Report form,Attachment B Recipient
shall submit the Project Progress Reports to the District's Project Manager and District's
Budget Manager within thirty(30)days after the closing date of each calendar quarter
(March 31,June 30,September 30 and December 31)
(b) 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 performance of the Project
10 FAILURE TO COMPLETE PROJECT
(a) Should Recipient fail to complete the Project, 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 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
such event,the District may excuse Recipient from the obligation to return 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 time for Project completion or the scope of the Project Failure
to complete the Project within ninety(90)days after the Completion Date shall be deemed
to constitute failure to complete the Project for the purposes of this provision
(b) In the event the Project constitutes a portion of the total functional project,this paragraph
shall apply in the event the total functional project is not completed In such event,the 90-
day timeframe provided herein shall commence upon the date scheduled for completion of
the total functional project at the time of execution of this Agreement, unless extended by
mutual agreement of the parties Paragraphs 10(a)and 10(b)shall survive the termination
or expiration of this Agreement
11 TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any
specific milestones established herein,the District may provide Recipient written notice of the
deficiency by forwarding a Notice to Cure,citing the specific nature of the breach Recipient shall have
thirty(30)days following receipt of the notice 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 terminating
this Agreement without further 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 may also terminate this Agreement upon ten(10)days written notice in the event of any
material misrepresentations in the Project Proposal
ADDITIONAL PROVISIONS(Alphabetical)
12 ASSIGNMENT Recipient shall not assign this Agreement,or any monies due hereunder,without
the District's prior written consent Recipient is solely responsible for fulfilling all work elements in
any contracts awarded by Recipient and payment of all monies due No provision of this Agreement
Page 6 of 15
Contract#28473
Encumbrance#5008105
shall create a contractual relationship between the District and any of Recipient's contractors or
subcontractors
13 AUDIT,ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are 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 Agreement In
accordance with generally accepted governmental auditing standards,the District shall have
access to and the right to examine any directly pertinent books and other 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 audit examination,the District finds any of the following (1)Recipient has
spent funds for purposes other than as 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,(4)Recipient has been advanced or paid unobligated funds,(5)
Recipient has been paid funds in excess of the amount Recipient is entitled to receive under
the Agreement,and/or(6)Recipient has received more than one hundred percent(100%)
contributions through cumulative public agency cost-share funding
14 CIVIL RIGHTS. Pursuant to chapter 760, Fla Stat, Recipient shall not discriminate against any
employee or applicant for employment because of race,color, religion,sex,or national origin,age,
handicap,or marital status
15 DISPUTE RESOLUTION Recipient is under a duty to seek clarification and resolution of any issue,
discrepancy,or dispute involving performance of this Agreement by submitting a written statement
to the District's Project Manager no later than ten (10) business days after the precipitating event
If not resolved by the Project Manager,the Project Manager shall forward the request to the
District's Office of General Counsel,which shall issue a written decision within ten (10) business
days of receipt This determination shall constitute final action of the District and shall then be
subject to judicial review upon completion of the Project
16 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
17 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 As used
Page 7 of 15
Contract#28473
Encumbrance#5008105
herein, "shall" is always mandatory 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 Orange County, (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
18 INDEPENDENT CONTRACTORS The parties to this Agreement,their employees and agents,are
independent contractors and not employees or agents of each other Nothing in this Agreement
shall be interpreted to establish any relationship other than that of independent contractors during
and after the term of this Agreement Recipient is not a contractor of the District The District is
providing cost-share funding as a cooperating governmental entity to assist Recipient in
accomplishing the Project Recipient is solely responsible for accomplishing the Project and directs
the means and methods by which the Project is accomplished Recipient is solely responsible for
compliance with all labor, health care,and tax laws pertaining to Recipient, its officers,agents, and
employees
19 CONFLICTING INTEREST IN RECIPIENT Recipient certifies that no officer,agent,or employee of the
District has any material interest,as defined in section 112 312, 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
20 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
21 PERMITS. Recipient shall comply with all applicable federal,state and local laws and regulations in
implementing the Project and shall include this requirement in all subcontracts pertaining to the
Project Recipient shall obtain any and all governmental permits necessary to implement the Project
Any activity not properly permitted prior to implementation or completed without proper permits
does not comply with this Agreement and shall not be approved for cost-share funding
22 PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,or reply on a
contract to provide any goods or services to a public entity, may not submit a bid, proposal,or reply
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids, proposals,or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract
with any public entity,and may not transact business with any public entity in excess of the
threshold amount provided in s 287 017 for CATEGORY TWO($35,000)for a period of 36 months
following the date of being placed on the convicted vendor list
23 PUBLIC RECORDS Records of Recipient that are made or received in the course of performance of
the Project may be public records that are subject to the requirements of chapter 119, Fla Stat If
Recipient receives a public records request, Recipient shall promptly notify the District's Project
Manager 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 materials related hereto and subject
to the provisions of chapter 119, Fla Stat,as amended
Page 8 of 15
Contract#28473
Encumbrance#5008105
24 ROYALTIES AND PATENTS Recipient certifies that the Project does not,to the best of its
information and belief, infringe on any patent rights Recipient shall pay all royalties and patent and
license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the District harmless from loss to the extent
allowed by Florida law
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 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 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
ST JOHNS RIVER WATER CITY OF CLERMONT
MANAGEMENT DISTRICT
/ ; 7 ///10
Ann B Shortelle, Ph D, Executive Director
(or designee) -
( L • /1 /- Ufa. r
Typed Name and Title ) c
Date /Q12///✓ Date 1 2- O- 2(Die
ONLY AS TO FORM AND LEGALITY Attest • 9
544& �J�coyd ciL+t{
ratWi ham Abra s,Sr Assistant General Counsel Typed Name and Title
ATTACHMENTS
Attachment A-Statement of Work
Attachment B-Project Progress Report Form
Attachment C-District Supplemental Instructions Form
2015-16 District Cost-Share Initiative
Last updated 9-9-15
Page 9 of 15
Contract#28473
Encumbrance#S008105
ATTACHMENT A-STATEMENT OF WORK
CITY OF CLERMONT
LOWER FLORIDAN AQUIFER EXPLORATORY AND WATER SUPPLY DEVELOPMENT PROJECTS
SUNBURST WELL NUMBERS 1&2
I. INTRODUCTION/BACKGROUND
The St Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative
Program in Fiscal Year(FY)2015-2016 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 Clermont(Recipient) has requested and been selected as a
participant in this cost share program
On August 11,2015 the District's Governing Board approved funding for a collection of projects by some
utilities participating in a study and coordination group of the South Lake Water Initiative The Recipient
will receive cost share funding for construction,and testing of wells in the Lower Floridan aquifer(LFA)for
the not-to-exceed amount of$1,980,000 toward a construction and testing budget of$5,940,000 for
Sunburst Well Numbers 1& 2
II. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable the Recipient to construct and
test two wells into the Lower Floridan aquifer that will provide new information on the geology and
hydrogeology of the LFA in south Lake County,and the potential to develop a source of groundwater for
public supply uses that can diminish or reverse current adverse trends in water table and other
unacceptable impacts The primary objectives are to develop new geologic and hydrogeologic information
sufficient for assessment of the likely success and evaluation of the advantages of using the LFA as a public
water supply source Secondary considerations comprise evaluation of likely benefits of future
groundwater production from the LFA,or use of the LFA to offset Upper Floridan aquifer pumping,on
existing prevention and recovery MFL lakes and on nearby and distant springs
III SCOPE OF WORK
The Recipient shall perform a sequence of evaluation,design,construction,and testing tasks that will
comprise
• Screening and selection of sites suitable for construction and testing of two LFA test/production
wells Screening will include identification of potential sanitary hazards and other features or
activities that are identified as requiring setbacks by the Florida Department of Environmental
Project(FDEP), Florida Department of Health (FDOH),or the District
• Design of the test/production wells and preparation of plans and specifications The design task will
include design of the wells and testing plan, including sampling schedules and analytes,test
duration,observation sites,and selection of methods to analyze the results of aquifer testing The
product of this phase will include a set of Plans and Specifications suitable for bidding
• Permitting of the proposed wells for testing purposes with the District Please note that if the
results of testing confirm the suitability of the LFA as a viable alternative water supply(AWS),the
Page 10 of 15
Contract#28473
Encumbrance#5008105
Recipient will apply to modify or renew their consumptive use permit(CUP)to allow water supply
pumping from the new source,with flexibility to use existing sources to meet peak demands That
permitting is not included in the cost-share work scope
• Constructing,testing, aquifer testing,water quality testing comprise the main work effort The well
construction and aquifer testing plans will consist of the tasks outlined in the project manual as
supplemented by additional correspondence between the Recipient and District The Recipient
shall also test the two existing wells at Greater Hills to determine existing condition,to confirm well
and casing depth,and to evaluate suitability for increasing production of groundwater from the LFA
at that site
• Documenting aspects of construction and testing will be undertaken throughout the project as
weekly progress reports, data submittals as generated (e g geophysical logs or water quality
results),at monthly progress meetings,and in one or more final reports that will document
construction,testing, analysis,and interpretation of the results
IV. PROJECT ADMINISTRATION
The Recipient shall be responsible for the following
• Complete and obtain final project design,construction plans,and specifications,
• 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,
• Assure compliance with cost accounting practices and procedures required for reimbursement of
cost share funds expended
The Recipient shall provide the following to the District's Project Manager
• A copy of Recipient's executed construction contract documents,
• A copy of any subsequent change orders to the contract,
• Timely invoices for actual construction costs in accordance with this cost share agreement(with
appropriate substantiation)to enable proper review by the District's Project Manager prior to
payment authorization,
• Quarterly progress reports identifying project progress to date, key milestones reached, overall
project schedule versus time for project completion, key issues to be resolved, project construction
photos,quarterly reports shall also be emailed to the District's Budget Manager at
mlicourt@sjrwmd corn,
• Certification of construction completion by a Professional Engineer registered in the state of
Florida
The Recipient shall ensure the tasks in the Task Identification section below are completed
Page 11 of 15
Contract#28473
Encumbrance#S008105
VI. TASK IDENTIFICATION AND TIME FRAMES
The expiration date of this cost share agreement is January 31, 2017 The projected schedule is as follows
Anticipated Anticipated
Task Description Start Date Completion Date
Task 1 Well site selection (2 wells) October 15, 2015 October 23, 2015
Task 2 Design, preparation of Plans and Specifications, October 15, 2015 February 15,2016
bidding,and award
Task 3 Permitting(2 wells) November 1, 2015 January 1,2016
Task 4 Well construction (2 proposed LFA wells)and
aquifer performance testing(2 existing wells) February 1, 2016 November 1, 2016
tasks
4a Final Bidding,Award of Contract,and Notice to February 1, 2016 March 31, 2016
Proceed
Mobilization and testing at Greater Hills LFA
wells, mobilization to Sunburst site,site
4b preparation Pilot borehole drilling on 1st April 1, 2016 June 30,2016
Sunburst LFA well,drill-stem sampling on rt
LFA well
Casing installation,well development,step-
drawdown testing,and geophysical logging of
4c 1st Sunburst LFA well Pilot borehole drilling, July 1, 2016 September 30, 2016
drill-stem sampling,casing installation,well
development on 2"d Sunburst LFA well
Step-drawdown testing,and geophysical
4d logging of 2nd Sunburst LFA well Constant rate October 1, 2016 November 14, 2016
discharge testing at Sunburst site
Task 5 Analysis of testing results and Documentation November 14, December 31, 2016
of construction and testing 2016
VII BUDGET/COST SCHEDULE
For satisfactory completion of each Project,the District shall pay Recipient approximately thirty-three(33%)
of the total construction cost of the Project, but in no event shall the District's cost-share exceed
$1,980,000,approximately$990,000 for each well It is anticipated that the FY breakdown will be
$1,326,600 for FY 2015-2016 and$653,400 for FY 2016-2017
Recipient shall invoice the District on a quarterly basis and upon project completion Invoices shall include
a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other
required 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, 2015
Page 12 of 15
Contract#28473
Encumbrance#5008105
Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget
Manager within 15 days of the end of quarter for work accomplished during each quarter The email
address for the District's Budget Manager is mlicourt@sirwmd corn The Recipient shall submit a final
project report within 30 days of Final Completion and acceptance by the City of Clermont detailing the
Project's accomplishments and any issues resolved during the course of the work
Note The estimated task amounts below are less than originally anticipated, however,the not-to-exceed
amount approved by the Governing Board of$1,980,000 will remain,which is 33%of the original estimated
construction and testing budget of$5,940,000 for Sunburst Well Numbers 1&2 The costs below are
estimated and final costs may be closer to the original anticipated costs
Estimated Cost Schedule for Reimbursement of$1,326,600 for FY 2015-16(all dollar amounts are
approximate and may be reallocated between the tasks for the two FYs)
Estimated
Estimated Reimbursement
Task Description Task Amount Amount
Task 1 Well site selection $4,979 $0
Design, preparation of Plans and Specifications,
Task 2 bidding,and award $33,433 $0
Task 3 Permitting $4,510 $0
Well construction (2 proposed LFA wells) and
Task 4 aquifer performance testing(2 existing wells)
4a Final Bidding and award, Notice to proceed NA $0
Mobilization and testing at Greater Hills LFA
wells, mobilization to Sunburst site,site
4b preparation Pilot borehole drilling on 1st $1,980,000 $653,400
Sunburst LFA well,drill-stem sampling on 1st LFA
well
Casing installation,well development,step-
drawdown testing,and geophysical logging of 1st
4c Sunburst LFA well Pilot borehole drilling,drill- $1,980,000 $653,400
stem sampling,casing installation,well
development on 2nd Sunburst LFA well
Estimated Cost Schedule for Reimbursement of$653,400 for FY 2016-17 (all dollar amounts are
approximate and may be reallocated between the tasks for the two FYs)
Estimated
Estimated Reimbursement
Task Description Task Amount Amount
Step-drawdown testing,and geophysical logging
Task 4d of 2nd Sunburst LFA well Constant rate $1,980,000 $653,400
discharge testing at Sunburst site
Task 5 Analysis of testing results and Documentation $204,227 $0
Page 13 of 15
Contract#28473
Encumbrance#5008105
ATTACHMENT B—PROJECT PROGRESS REPORT
Page 14 of 15
ATTACHMENT B
St Johns River Water Management District Date
Project Progress Report month/day/year
Report Number
Contract/Project Identification
Project Name Lower Floridan Aquifer Exploratory and Water Supply Development,Sunburst Well Numbers 1&2
Project
Recipient City of Clermont
SJRWMD Contract Number 28473 SJRWMD Project Manager Patrick C Burger,P E
Recipient's Project Manager James Kinzler
Construction Schedule Reporting Period
Start Date(mm/dd/yy) Beginning Date(mm/dd/yy)
Completion(mm/dd/yy) Ending Date(mm/dd/yy)
Budget Duration
Total Budget $ Planned Duration Weeks
Expended To-date $ Duration To-date Weeks
Expended This Period $ Duration This Period Weeks
Percent Budget Expended % Percent Duration Expended %
Anticipated Future Payment Requests
3 Months 6 Months 9 Months 12 Months
Tasks/Milestones/Deliverables Scheduled for this Reporting Period or Within the Next 60 days
Task Start Finish Percent Projected Finish
Number Tasks/Milestones/Deliverables Date Date Complete Date
Problems,Issues,Solutions,Anticipated deviations from schedule
Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances
Contract#28473
Encumbrance#5008105
ATTACHMENT C— DISTRICT'S SUPPLEMENTAL INSTRUCTIONS(sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS#
DATE
TO
FROM ,Project Manager
CONTRACT/PURCHASE ORDER NUMBER
CONTRACT TITLE
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor changes to the
work as consistent with the Contract Documents 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
Contractor's approval (choose one of the items below)
Approved Date
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
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 )
Approved Date
,District Project Manager
Acknowledged Date
,District Contracts Administrator
cc Contract/Purchasing file
Financial Management
Page 15 of 15
Contract#28473
Amendment#2
SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF CLERMONT
FOR LOWER FLORIDAN AQUIFER EXPLORATORY AND WATER SUPPLY DEVELOPMENT
SUNBURST WELL NUMBERS 1&2 PROJECT
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
CLERMONT("Recipient"),whose address is 685 West Montrose Street,Clermont,Florida 34711,and Is effective on the date
the last party has executed same.
PREMISES:
The parties entered Into Agreement No.28473 on December 21,2015,to provide funding for the Recipient's
Lower Floridan Aquifer Exploratory and Water Supply Development,Sunburst Well Numbers 1&2 Protect("Agreement"),
and amended the Agreement on November 15,2016(Amendment#1).
The parties desire to further 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 AGREEMENT:delete this paragraph and replace it with the following
paragraph:
(a) The term of this Agreement is from December 21,2015("Effective Date")until September 30,2017
("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. Alf 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 set forth below.
ST1I4P '
JOH RIVER WATER
WATER AGEMENT DISTRICT CITY OF CLERMONT
ogie
By://1; dr"
,..
Ann B.Shortelle,Ph.D.,Executive Director
(or designee) Ora 1 l.1 , Ml'9� `! r
G l � Typed Name and Title
Date: l77 �((J Date: Uari l 1—7
4 2017
ONL T FORM AND LEGALITY
te' Ilam Abra ,Sr.Assistant General Counsel
Page 1of1