DESIGN AND CONSTRUCTION OF NORTH CLEARWATER BEACH RECLAIMED WATER PROJECT AND PART ONE OF NORTHEAST PROJECT
/'
'.
!..
I
1
AGREEMENT NO. 98CON000120
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR THE
DESIGN AND CONSTRUCTION OF THE NORTH CLEARWATER BEACH RECLAIMED
WATER PROJECT AND PART ONE OF THE NORTHEAST PROJECT (P786-2)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of
Florida, whose address is 2379 Broad Street, Brooksville, Florida 34609-6899, for itself and on behalf of
the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the
CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, whose address is
Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as the "CITY"
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the
DISTRICT's cooperative funding program; and
WHEREAS, the project consists of the design and construction of reclaimed water lines on North
Clearwater Beach along Mandalay Boulevard from Baymont Street to Bay Esplanade near Mandalay Point;
and the design and construction of a transfer pumping station, associated site work, on-site piping and
electrical control system at the Northeast Wastewater Treatment Plant, hereinafter referred to as the
"PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding
the PROJECT.
NOW, THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and
conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below
as its respective Project Manager. Project Managers shall assist with PROJECT coordination and
shall be the party's prime contact person. Notices or reports shall be sent to the attention of the
parties' Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth in the
introductory paragraph of this Agreement.
Project Manager for the DISTRICT:
Project Manager for the CITY:
Tabitha J. Ostow
Thomas H. Miller
Page 1 of 5
( ,,-
01/)
'.
~
1
1
1.1 The DISTRICT's Project Manager is hereby authorized to approve requests to extend a
PROJECT task deadline set forth in this Agreement. Such approval shall be in writing,
shall explain the reason for the extension and shall be signed by the Project Manager and
his/her Department Director, or Deputy Executive Director if the Department Director is
the Project Manager. The DISTRICT's Project Manager is not authorized to approve any
time extension which will result in an increased cost to the DISTRICT or any time
extension which will likely delay the final PROJECT task deadline.
1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the
PROJECT Budget set forth in Exhibit "B" if such adjustment does not exceed ten percent
(10%) of the line item amount, aggregate adjustments are less than $10,000, and such
adjustment does not result in an increase to the total PROJECT cost. Such approval shall
be in writing, shall explain the reason for the adjustment, and shall be signed by the Project
Manager and his/her Department Director and their Deputy Executive Director. The
DISTRICT's Project Manager is not authorized to make changes to the Scope of Work and
is not authorized to approve any increase in the not-to-exceed amount set forth in the
compensation section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written Notice to Proceed from the DISTRICT, the CITY shall
perform the services necessary to complete the PROJECT in accordance with the Special Project
Terms and Conditions set forth in Exhibit "A" and the CITY's Proposed Project Plan set forth in
Exhibit "B," both attached hereto and incorporated herein. Any changes to the Scope of Work and
associated costs shall be mutually agreed to in a formal written Amendment prior to being performed
by the CITY. The CITY shall be solely responsible for managing the PROJECT, including the hiring
and supervising of any contractors or consultants it engages under this Agreement.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Three Million Four-
Hundred Twenty-five Thousand Dollars ($3,425,000). The DISTRICT agrees to fund 50 percent of
the eligible PROJECT costs up to Eight Hundred Twelve-Thousand Five-Hundred Dollars
($812,500) and shall have no obligation to pay any costs beyond this maximum amount. The CITY
agrees to fund the remaining PROJECT costs up to Two Million Six-Hundred Twelve Thousand
Five-Hundred Dollars ($2,612,500). The CITY shall be the lead party to this Agreement and shall
pay PROJECT costs prior to requesting reimbursement from the DISTRICT.
3.1 The DISTRICT shall reimburse the CITY for its share of eligible PROJECT costs in
accordance with the CITY's Budget Table set forth in Exhibit "B." The CITY may contract
with consultants or contractors in accordance with the Special Project Terms and Conditions
set forth in Exhibit "A." Upon DISTRICT approval, the budget amounts for the work set forth
in such contract(s) shall supersede the amounts set forth in the CITY's Budget Table and shall
be incorporated herein by reference. The DISTRICT shall reimburse the CITY for 50% of
each DISTRICT-approved invoice received from the CITY, but at no point in time shall the
DISTRICT's expenditure amount under this Agreement exceed such expenditures made by the
CITY. Payment shall be made to the CITY within thirty (30) days of receipt of an invoice,
with the appropriate support documentation, which shall be submitted to the DISTRICT at the
following address:
Page 2 of 5
~
1
I
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The CITY shall not use any DISTRICT funds for any purposes not specifically identified in
the PROJECT Scope of Work.
3.3 The DISTRICT shall have no obligation to reimburse the CITY for any costs under this
Agreement until construction of the PROJECT has commenced.
4. CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and shall
remain in effect until December 31,2001, unless terminated or extended in writing by mutual written
agreement of the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party shall, upon request, permit the other party
to examine or audit all PROJECT -related records and documents during or following completion of
the PROJECT. Each party shall maintain all such records and documents for at least three (3) years
following completion of the PROJECT. All records and documents generated or received by either
party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, Florida
Statutes.
6. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models, studies,
maps or other documents resulting from the PROJECT.
7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent acts or
omissions of its officers, employees, contractors and agents; however, nothing contained herein shall
constitute a waiver by either party of its sovereign immunity or the limitations set forth in Section
768.28, Florida Statutes.
8. TERMINATION. Either party may terminate this Agreement upon the other party's default in
complying with any term or condition of this Agreement, as long as the terminating party is not in
default of any term or condition of this Agreement. To effect termination, the terminating party shall
provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and
describing the term and/or condition with which the defaulting party has failed to comply. If the
defaulting party has not remedied its default within thirty (30) days after receiving the Notice of
Termination, this Agreement shall automatically terminate.
9. RELEASE OF INFORMATION. The parties shall not initiate any verbal or written media
interviews or issue press releases on or about the PROJECT without providing advance copies to the
other party. This provision shall not be construed as preventing the parties from complying with the
public records disclosure laws set forth in Chapter 119, Florida Statutes.
10. DISTRICT RECOGNITION. The CITY shall recognize DISTRICT funding and, if applicable,
Basin Board funding in any reports, models, studies, maps or other documents resulting from this
Page 3 of5
. ,
,,'
!..
I
I
Agreement, and the form of said recognition shall be subject to DISTRICT approval. If construction
is involved, the CITY shall provide signage at the PROJECT site that recognizes funding for this
PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet
with DISTRICT written approval as to form, content and location, and must be in accordance with
local sign ordinances.
11. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits and all real
property rights necessary to complete the PROJECT prior to commencing any construction involved
in the PROJECT. The DISTRICT shall have no obligation to reimburse the CITY for any costs
under this Agreement until the CITY has obtained such permits and rights.
12. LAW COMPLIANCE. Each party shall comply with all applicable federal, state, and local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
13. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. Ifthe PROJECT involves design
services, the CITY's professional designers and DISTRICT regulation and projects staff shall meet
regularly during the PROJECT design to discuss ways of insuring that the final design for the
proposed PROJECT will technically comply with all applicable DISTRICT rules and regulations.
14. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this Agreement,
including any operation or maintenance duties related to the PROJECT, without the written consent
of the other party.
15. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
16. MODIFICA nONS. This Agreement constitutes the entire agreement between the parties and may
be amended only in writing, signed by all parties to this Agreement.
17. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the
event of a conflict of contract terminology, priority shall first be given to the language in the body
of this Agreement, then to Exhibit "A," and then to Exhibit "B."
A. Exhibit "A"
B. Exhibit "B"
Special Project Terms and Conditions
CITY's Proposed Project Plan
Page 4 of 5
....
~_ c
I
I
IN WI1NESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement on the day and year set forth next to their signature below.
~
~%Q11
Countersigned:
Rita Garvey
Mayor, Commissioner
Approved as to form
~~~-
City Attorney's Office
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: ~_.
~. Vergara, Ex . e Director
If It f /q r
. .
Date
Federal ID#: 59-0965067
::TY O[:ARWATER FLOmDA
Michael 1. Roberto, City Manager
Date
Attest:
Federal ID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR THE
DESIGN AND CONSTRUCTION OF THE NORTH CLEARWATER BEACH RECLAIMED WATER PROJECT
AND PART ONE OF THE NORTHEAST PROJECT (P786-2)
DISTRICT APPROVAL INITIALS ~i!L
LEGAL ~~ ~
RISK MGMT ~
CONTRACTS ~
RES PROJ DEPT DIR ~
DEPUTY EXEC DIR
GOVERNING BOARD
"
Page 5 of5
"
I
I
AGREEMENT NO. 98CON000120
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY shall engage the
services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design and a
contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT in
accordance with the CITY's Proposed Project Plan, previously submitted to the DISTRICT and
attached as Exhibit "B." The CITY shall be responsible for administering the contract with the
CONSUL T ANT and CONTRACTOR and shall give Notice to Proceed to the CONSULTANT no
later than May 1, 1998.
2. APPROVAL OF BID DOCUMENTS. The CITY shall obtain the DISTRICT's written approval
of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT
shall not unreasonably withhold such approval. The DISTRICT's approval of the construction
documents does not constitute a representation or warranty that the DISTRICT has verified the
architectural, engineering, mechanical, electrical, or other components of the construction
documents, or that such documents are in compliance with DISTRICT rules and regulations or any
other applicable rules, regulations, or laws. The DISTRICT's approval shall not constitute a waiver
ofthe CITY's obligation to assure that the design professional performs according to the standards
of hislher profession. The CITY shall require the design professional to warrant that the
construction documents are adequate for bidding and construction of the PROJECT.
3. APPROVAL OF CONTRACT. The CITY shall obtain the DISTRICT's approval of all contracts
between the CITY and the CONSULTANT and CONTRACTOR. The DISTRICT shall not
unreasonably withhold such approval.
4. FINAL DESIGN REPORT AND APPROVAL. The CITY must provide the DISTRICT with a
final design report. The final report must clearly evidence that at least twenty-five percent (25%)
of the reclaimed water will offset existing, or planned, ground water or surface water withdrawals.
The CITY shall obtain the DISTRICT's approval of the final design report prior to proceeding with
implementation of the PROJECT. The DISTRICT shall not unreasonably withhold such approval.
5. COMPLETION DATES. The CITY shall commence construction on the PROJECT by May 1,
1999 and shall complete all aforementioned work within two years of said construction commence
date. However, in the event of any national, state or local emergency which significantly affects
the CITY's ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or
other such catastrophes, or other man-made emergencies beyond the control of the CITY, such as
labor strikes or riots, then the CITY's obligation to complete said work within aforementioned time
frames shall be suspended for the period of time the condition continues to exist.
Page 1 of 1
1
I
AGREEMENT NO. 98CON000120
EXHIBIT "B"
CITY OF CLEARWATER'S PROPOSED PROJECT PLAN
1. Type of Project:
The proposed projects for which this application is being prepared is for the design and construction
of expanded facilities for reuse of reclaimed water. The City of Clearwater (City) has initiated the
development of an urban reclaimed water system to serve residents, businesses and public access sites
with reclaimed water. The City owns and operates three advanced waste water treatment facilities that
can provide a source of reclaimed water. These facilities include the Marshall Street Advanced
Pollution Control (APC) Facility, the Northeast APC Facility and the East APC Facility. The City
is currently in the construction phase of the Island Estates Reclaimed Water System and the Clearwater
Beach North Transmission Main projects .which will extend reclaimed water service to the Island
Estates residents and portions of Clearwater Beach. These projects are being funded by the City of
Clearwater in cooperation with the Southwest Florida Water Management District (District; FY97).
The City is also preparing an update to its Reclaimed Water Master Plan. This planning effort will aid
the City in defining and implementing continued development of the urban reclaimed water system to
maximize the utilization of the resource and to offset the consumption of potable water for irrigation
and other non-potable uses. The City is working closely with the District in the Master Plan
development to insure compatibility and consistency of purpose. This effort is included for cooperative
funding in the FY98 Pinellas-Anclote River Basin Board budget.
These efforts are part of a multi-year plan for expansion of reclaimed water for the City. This request
for project funding is intended to allow for the continued development of reclaimed water system
infrastructure to meet the needs of the City and the Region in terms of effective utilization of resources
and minimization of environmental impacts.
2. Program Objective:
The City of Clearwater's objective is to develop systems and facilities that will provide for the
beneficial use of reclaimed water for irrigation and other approved non-potable uses. This will include
the construction of transmission mains, storage tanks, and distribution piping systems to provide access
to the system customers.
The implementation of the system will be accomplished in a phased approach. The current Master Plan
development will provide a final estimated time frame and sequence of construction that will provide
a logical and cost effective implementation plan of all phases of the system. Full implementation of
the system is anticipated to measurably meet the present irrigation demand in Clearwater, estimated
to be 16.1 MGD and to reduce wastewater effluent discharge to Tampa Bay and Clearwater Harbor,
which presently has a combined surface water discharge of 15.5 MGD.
Page 1 of 4
I
I
3. Project Description:
North Clearwater Beach Reclaimed Water System
This project provides for the extension of reclaimed water transmission and distribution piping to the
northern areas of Clearwater Beach. This system is a continuation of the extension of reclaimed water
to Island Estates and Clearwater Beach being constructed in FY 97 and approved for cooperative
funding. This project will extend approximately 7,500 LF of 12" diameter transmission main and
appurtenances from Rockaway Street and Mandalay Boulevard to the residential areas north of
Rockaway Street on Clearwater Beach (Figure 1). The distribution system, funded entirely by the City
of Clearwater, will consist of approximately 5.200 LF of 8", 6,800 LF of 6" and 24,000 LF of 4"
diameter piping with associated service connections and appurtenances. There are approximately 600
residential customers that will be served in the area by this project, providing an estimated irrigation
demand offset of about 400,000 GPD of potable water.
Northeast Reclaimed Water Storage & Pumping Facilities
Part One of this project will include the construction of a transfer service pumping station, site piping,
and associated improvements to provide for reclaimed water infrastructure to serve the future needs
ofthe City, and possibly northern areas of Pinellas County, for distribution of reclaimed water. This
project will allow for the existing 30" effluent pipeline along the McMullen-Booth Corridor to be
operated as a high pressure transmission main and make it possible to expand future distribution mains
to serve areas of the City that are currently not served by reclaimed water. Without this facility, it is
not possible to expand the distribution system for a functionally operable system. Part Two of this
system, will include a 5 MGD storage tank, a high service pumping station and associated site work.
The implementation of these projects will:
· Route effluent from the existing surface water discharge into Stevenson Creek surface waters to
the residences and businesses in the Clearwater Beach area for irrigation use, offsetting
approximately 400,000 GPD of potable water.
· Include approximately 7,500 LF of 12" Transmission main supply pipe. Also construct
approximately 5,200 LF of 8",6,800 LF of6", and 24,000 LF of 4" distribution pipe.
· Include construction of distribution systems to serve residential and commercial properties in the
North Beach Area.
· Be consistent with the Update of the Reclaimed Water Master Plan.
· Be consistent with City Comprehensive Planning Goal No. 18 to "PROVIDE, DEVELOP, AND
MAINTAIN A PERMANENT POTABLE WATER SUPPL Y SYSTEM TO MEET
ANTICIPATED DEMAND WHILE PROVIDING MAXIMUM PRACTICAL PROTECTION TO
THE ENVIRONMENT AT A COST CONSISTENT WITH THE PUBLIC'S ABILITY AND
WILLINGNESS TO PAY.
Page 2 of 4
.
,
I
I
.
Be consistent with the state Water Supply Needs and Sources 1990-2020, recommending that "All
water use permittees who own or operate wastewater treatment plants should be required to utilize
the treated wastewater to offset consumptive use of water to the greatest extent practicable."
.
Provide the next required step in developing a system in the eastern and northern portions of the
City that can be utilized in expanding the distribution of reclaimed water and the subsequent
reduction in discharges to Tampa Bay.
4. Demonstration of Need:
· The City of Clearwater lies within an area designated by the Southwest Florida Water Management
District as a water caution area. Presently, Clearwater is under water use restriction, limiting the
use of groundwater resources for irrigation.
· These projects will optimize water management in Clearwater by reducing the water withdrawn
from well fields and from irrigation wells, and reduce the discharge of effluent water to Stevenson
Creek.
· These projects will meet Pinellas-Anclote Basin Board Priorities by reducing groundwater
withdrawal, reducing pollutant loading to Tampa Bay, and to help recharge surficial aquifer's in
accordance with the Needs and Sources report.
· These projects are supported by goals found in the Basin Board's plans, State Water Policy, the
Florida Water Plan, Reports of the Tampa Bay National Estuary Program, District Needs and
Sources Study, the Water Use Cautionary Management Plan, and area Comprehensive Planning
Documents to maximize the reuse of highly treated wastewater.
· The City of Clearwater Comprehensive Plan, Sanitary Sewer, Solid Waste, Drainage, Potable
Water, and Natural Groundwater Aquifer Recharge Element, Objective 18.5; "To develop a potable
water system that is compatible with the environment and seeks to conserve and protect sensitive
natural resources by 1990." Policy 18.5.7 states that "a plan to provide reclaimed water to private
residences for irrigation purposes shall be prepared, and properties thus served shall be exempt
from lawn sprinkling restrictions."
5. Measurable Benefit:
For the purpose of the FY 98 request, project funds will be used to implement a residential reclaimed
water system for the northern areas of Clearwater Beach as a continued phased development of the
urban reclaimed water system. These projects will provide an estimated 400,000 GPD of reclaimed
water for irrigation. This will eliminate an equal rate of wastewater presently discharged to Clearwater
Harbor surface waters. Furthermore, since the residential areas that will benefit directly from this
project are presently irrigating with potable water, this project is expected to also reduce peak potable
water demand. The construction of the reclaimed pumping facility at the Northeast APC facility will
serve to provide future off sets of potable and groundwater consumption.
Page 3 of 4
.,
I
I
6. Deliverables:
Quarterly Design/Construction Status Reports.
Initiation of Construction by May, 1999.
Letter of construction completion by May, 2001.
7. Project Costs:
See City of Clearwater Budget Table (Attachment 1)
8. Completion Schedule:
Apply for Basin Board Funding
Begin Project Design
Initiate Construction
Complete Construction
Customers Connected
December, 1997
May, 1998
May, 1999
May, 2001
May, 2001
9. Implementation:
The design phase of the project will be commencing in May, 1998. It is anticipated that project
construction will be initiated in 1999. Proj ect funding will be available, from both the Pinellas- Anclote
Basin Board and City of Clearwater. The City has budgeted the matching funds in the current 6 year
Capital Improvements Plan.
10. Key Personnel:
Richard J. Baier, P.E., Public Works Administration Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
(813) 562-4780
Tom Miller, P.E. , Asst. Director of Engineering/PDE
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
(813) 562-4749
Thomas Hackett, Water Superintendent
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
(813) 462-6848
Page 4 of 4
, '. ~ ' f"~
"
J
EXHIBIT liB"
A'ITACIIMENT 1
AGREEMENT NO. 98CON000120
I
City of Clearwater Budget Table
North Beach (Design and Construction)
Total Cost City Cost SWFWMD'Cost
$700,000 $350,000 $350,000
$1,800,000 $1,800,000 $0
$2,500,000 $2,150,000 $350,000
Total Cost City C()~t SWF\NMD
$330,000.00 $165,000.00 $165,000.00
$25,000.00 $12,500.00 $12,500.00
$455,000.00 $227,500.00 $227,500.00
$115,000.00 $57,500.00 $57,500.00
$925,000.00 $462,500.00 $462,500.00
$3,425,000 $2,612,500 '$812',$00
Transmission Main (7,500 LF of 12" main)
Distribution Main (36,000 LF of 4",6" or 8" main)
Total Cost
j:)art qlle Northeast Area (Design and Construction)
Transfer Pump Station
Site Work
Control Building & Electrical
Site Piping
Total Cost
Total: Pro . ecl Cost