Title: SWFWMD letter to U. S. Army Corps of Engineers re: Water Supply Well Complaints, "Four River Basins, Florida" Project, with copy of letter dated Jan.
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Title: SWFWMD letter to U. S. Army Corps of Engineers re: Water Supply Well Complaints, "Four River Basins, Florida" Project, with copy of letter dated Jan.
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Spatial Coverage: North America -- United States of America -- Florida
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052460
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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rS srthlwest Florida
"" Water Mlana cement District
5060 U.S. HIGHWAY 41, SOUTH BROOKSVILLE, FLORIDA 33512
1961 PHONE (904) 796-7211

,5,GEME BRUCE A. SAMSON, Chairman, Tampa B. T. LONGINO, Sarasota JIM KIMBROUGH, Brooksville
i Wm. O. STUBBS, JR., Vice Chairman, Dade City CLIFF STEPHENS, Clearwater ARCH UPDIKE, JR., Lake Wales
JAMES CAMPBELL, Secretary, Plant City DON CRANE, St. Petersburg
RONALD B. LAMBERT, Treasurer, Wauchula DONALD R. FEASTER, Executive Director
December 22, 1980

Colonel James W. R. Adams
District Engineer
Department of the Army
Jacksonville District, Corps of Engineers
Post Office Box 4970
Jacksonville, Florida 32232

RE: Water Supply Well Complaints, "Four River Basins, Florida" Project
(Your SAJRE Letter Dated 9 December 1980)

Dear Colonel Adams:

As pointed out in C. H. Miller's letter dated January 18, 1980 to Mr. James
L. Garland, copy attached, it is understood that "repairs or replacement
of wells and equipment damaged or disrupted by the Contractor operations
while constructing the FRB project works have for many years been considered
a project construction cost." This position is further supported by clauses
in Section 2 of the contract specifications under Construction Contracts
DACW 17-73-C-0030 Canal 135, Section 3A and SCL RR Bridge B-196 and DACW
17-75-C-0058 Structure 162 on TBC 135 Section 3B. Paragraph 2-3.2.1, Contract
DACW 17-73-C-0030 states: "Approximately 20 wells supplying potable water
to property owners along the Canal alignment may be affected if the contractor
elects to dewater the construction site. If the contractor elects to excavate
in the dry, he shall take such action as directed by the Contracting Officer
to supply potable water to property owners whose water supply is affected
by the contractor's operations." And Paragraph 2A-3.8, Contract DACW 17-
75-C-0058 states: "Any established damages to property owner's wells caused
by the contractor's dewatering of S-162 will be remedied by the Government
without cost to the Contractor."

The responsibility for the restoration of property owner's wells
at project cost appears to have been established early in the Project
construction process and it is felt that the precedent has been set.
It is therefore recommended that the Corps proceed with the action
initiated to resolve the issue with the Chandlers.

Sincerely, ,


D. R. FEASTER, P.E.
Executive Director

DRF:FJL:cdl

Attachment
cc: Hillsborough Basin Board L. M. Blain, Attorney
C. H. Miller, Director, Resource Development Division
Honorable Sam Gibbons, U. S. House of Representatives

















January 18, 1980


James L. Garland, Chief
Engineering Division
Corps of Engineers
Post Office Box 4970
Jacksonville, FL 32201
Re: S-155, S-163, L-112 Remainder and Floodway
Four River Basins, Florida Project
Bill for Collection 803800022 (11 December 1979)

Dear Mr. Garland:

The Staff of the Southwest Florida water Management District has reviewed
your bill for collection (referenced above) in the amount of $10,400.00
and the accompanying letter (SAJEN-P, 2 January 1980). We offer the
following comments.
Repairs or replacement of wells and equipment damaged or disrupted by contractor
operations while constructing the FRB project works have for many years been
considered a project construction cost. If our memory Is correct, several
years ago such responsibility by the contractor to directly repair damaged
wells was a part of the contract specifications. However, due to arguments
and administrative delays by the contractors over costs and proof of responsi-
bility, which resulted in undue property loss, inconvenience and discorifort
to the agrieved citizens; a proper decision was made to write the contractor
out of these disputes directly and allow the Area Engineer to more efficiently
handle the complaints and repairs via contract modifications. Of course a
contract modification is issued only after proper investigation, verification
nd documentation of the complaint.

We believe that the contract cost referred to in your Bill No. 803800022 was
incurred through this procedure. As such we consider it to properly be a







James L. Garland, Chief
January 18, 1980
Page 2




project construction cost to be handled and billed in a regular manner.
Therefore, we are returning reference hill herewith.

Sincerely,


C. H. MILLER, P.E.
Director
Resource Development Division

CHM:LM:jp
Attachment as noted.

cc: W. V. Canaday, Area Engineer, Corps of Engineers
J. T. Ahern, Staff Attorney
T. T. Mullin:, Director, Finance Division
R. Haberle, Chief, Financial Services Section
L. Miller, Sr. Project Engineer, Project Development Section
F. J. Lopes, Project Engineer, Project Developnent Section





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