FIRST AMENDMENT TO AGREEMENT FOR THE RECLAIMED WATER SYSTEM-SOUTH CLEARWATER BEACH AND NORTHEAST AREA (K213)
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AGREEMENT NO. 99CON000080
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
RECLAIMED WATER SYSTEM-SOUTH CLEARWATER BEACH AND NORTHEAST AREA
(K213)
This FIRST AMENDMENT entered into and effective as of the 151 day of December 2001 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 34604-6899,
for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State
of Florida, whose address is 112 South Osceola Avenue, P,O, Box 4748, Clearwater, Florida
33758-4748, hereinafter referred to as the "CITY,"
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement for the Reclaimed Water
System-South Clearwater Beach and Northeast Area (K213), dated April 29, 1999; and
WHEREAS, the parties hereto wish to amend the Agreement to extend the contract perioddue
to delays in securing the necessary permits from the Florida Department of Environmental
Protection for the non-DISTRICT funded Northeast Waste Water Treatment Plant expansion,
which is related to, and being constructed concurrently with the DISTRICT funded reclaimed
water storage facility portion of the Reclaimed Water System-South Clearwater Beach and
Northeast Area (K213),
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained
herein, the parties hereby mutually agree to amend the original Agreement, dated April 29, 1999,
as follows:
1 . Paragraph 1, Project Manager and Notices, is hereby amended to replace each party's
Project Manager as follows:
Project Manager for the DISTRICT:
Project Manager for the CITY:
Anthony Andrade
Andy Bachtel
2, New subparagraph 3,5 is hereby added as follows:
3.5 Each CITY invoice shall include the following certification, and the CITY hereby
agrees to delegate authority to its Project Manager to affirm said certification:
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"I hereby ce~fy that the costs requested for rei~bursement and the CITY's
matching funds, as represented in this invoice, are directly related to the
performance under the Reclaimed Water System-South Clearwater Beach and
Northeast Area (K213) Agreement between the Southwest Florida Water
Management District and the City of Clearwater (Agreement No. 99CON000080),
are allowable, allocable, properly documented, and are in accordance with the
approved project budget."
3. Paragraph 4, Contract Period, is hereby amended to extend the expiration date to
December 31, 2002.
4. Exhibit "A," Special Project Terms and Conditions, is hereby replaced in its entirety with
Exhibit "A," Special Project Terms And Conditions (Revised 10/25/01) attached hereto.
5. Exhibit "B", Paragraph 7, Completion Schedule, is hereby amended to complete
construction by July 31,2002 and customer connections by September 30,2002.
6, The following new Paragraphs are hereby added to this agreement as follows:
18. DISCRIMINATION. Pursuant to Florida Statutes, Section 287,134(2)(a), an entity or
affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids 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. By signing this Agreement, CITY warrants that it is not currently on the
discriminatory vendor list and that it has not been placed on the discriminatory vendor
list in the past 36 months. CITY further agrees to notify the DISTRICT if placement
on this list occurs.
19. LOBBYING PROHIBITION, Pursuant to Florida Statutes, Section 216,347, the CITY
is hereby prohibited from using funds provided by this Agreement for the purpose of
lobbying the Legislature, the judicial branch or a state agency.
20, PUBLIC ENTITY CRIMES. Pursuant to Florida Statutes, Section 287,133(2) and
(3), 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 on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids 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 Florida Statutes, Section 287.017 for Category Two, for a period
of 36 months from the date of being placed on the convicted vendor list.
7. The terms, covenants and conditions set forth in the original Agreement, dated April 29,
1999, that have not been specifically amended herein, shall continue in existence, are
hereby ratified, approved and confirmed, and shall remain binding upon the parties hereto.
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'IN WITNESS WHEREOF, le parties hereto have executed this ~irst Amendment on the day
and year set forth next to their signatures below.
Witness:
~
Countersigned:
4~~
Brian Aun;/,
Mayor-Commissioner
Approved as to form:
~c.~-
ity Attornels Off
~.~~
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:.~~ /",~~o-ol
Gene A. Heath, Assistant Executive Director Date
FederallD No. 59-0965067
CITY OF CLEARWATER
---s .
illiam B. Horne II , City Manager
Attest:
.Jj~~,-,; 0
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FederallD No. 59-6000289'"
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF ClEARWATER
FOR THE
RECLAIMED WATER SYSTEM-SOUTH ClEARWATER BEACH AND NORTHEAST AREA (K213)
rP
DISTRICT APPROVAL
LEGAL
RISK MGMT
CONTRACTS
RC&D DEPT DIR
DEPUTY EXEC DIR
GOVERNING BOARD
DATE
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AGREEMENT NO.99CONOOO080
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
REVISED 10/25/01
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 contracts with the CONSULTANT and CONTRACTOR and shall give
notice to proceed to the CONSULTANT no later than April 30, 1999.
2, APPROVAL OF BID DOCUMENTS, The CITY shall obtain the DISTRICTs written
approval of all construction bid documents prior to being advertised or otherwise solicited.
The DISTRICT shall not unreasonably withhold its approval. The DISTRICTs 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 DISTRICTs approval shall not constitute a waiver of the CITY's obligation to assure
that the design professional performs according to the standards of his/her profession.
The CITY shall require the design professional to warrant that the construction documents
are adequate for bidding and construction of the PROJECT,
3. FINAL DESIGN REPORT AND APPROVAL. The CITY shall provide the DISTRICT with
a final design report. The final report shall clearly evidence that at least twenty five
percent (25%) of the reclaimed water shall offset existing or planned, ground water or
surface water withdrawals. The CITY shall submit to the DISTRICT as part of the report,
a written plan to increase to fifty percent (50%) the PROJECTs offsets of groundwater
or surface water. The CITY shall obtain the DISTRICTs approval of the final design
report prior to proceeding with implementation of the PROJECT. The DISTRICT shall not
unreasonably withhold its approval.
4. DISTRICT REVIEW OF CITY's SELECTION OF CONTRACTOR. The CITY shall provide
the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award.
The CITY shall obtain the DISTRICTs approval of the selected CONTRACTOR prior to
proceeding with construction of the PROJECT and the DISTRICT shall not unreasonably
withhold its approval, The CITY shall provide the DISTRICT with a copy of the "Notice
to Proceed" provided to the CONTRACTOR. The CITY shall have the sole authority in
directing the CONTRACTOR's work efforts in construction of the PROJECT, however,
the CITY shall keep the DISTRICTs Project Manager apprized on all PROJECT related
matters.
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5. APPROVAL OF CONTRACT. The CITY shall obtain the DISTRICTs prior written
approval of all contracts entered into with its CONSULTANTS and its CONTRACTORS
as referenced above in item number one of this exhibit. The DISTRICT shall not
unreasonably withhold its approval.
6. COMPLETION DATES. The CITY shall commence construction on the PROJECT by
July 1, 2000 and shall complete all aforementioned work within 25 months 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.
7, RECLAIMED WATER OFFSET REPORT. The CITY shall submit a report, three years
after PROJECT completion, documenting that at least twenty five percent (25%) of the
PROJECTs reclaimed water offsets existing or planned ground water or surface water
withdrawals under normal operating conditions. The report shall show the average
annual daily flows three years previous and three years post reclaimed water, and the
number of active reclaimed water customers. The CITY shall submit to the DISTRICT as
part of the report, a written plan to increase to fifty percent (50%) the PROJECT's offsets
of groundwater or surface water. The CITY shall obtain DISTRICT approval of the report
before finalization. The DISTRICT shall not unreasonably withhold its approval. This
provision shall survive the term of this Agreement.
8, PROJECT COORDINATION. The CITY shall keep the DISTRICT advised at all times
during the course of the PROJECT. The CITY shall provide the DISTRICTs Project
Manager with advance notice of all PROJECT meetings with the CONSULTANT, ..
CONTRACTOR, and regulatory agencies and shall copy the DISTRICT's Project
Manager on all pertinent PROJECT related correspondence. The CITY shall provide the
DISTRICT's Project Manager with updated design and construction schedules, The CITY
shall provide the DISTRICTs Project Manager written bi-monthly status reports on
January 1, March 1, May 1, July 1, September 1, and November 1, of each year through
out the term of the Agreement.
9. EDUCATION PROGRAM AND APPROVAL. The CITY shall institute a customer
education program promoting the efficient use and conservation of reclaimed water. The
CITY shall obtain the DISTRICTs approval of the educational material prior to
proceeding with implementation of the PROJECT, The DISTRICT shall not unreasonably
withhold its approval. The education program shall be implemented prior to
reimbursement from the DISTRICT.
10. RECLAIMED WATER GIS REQUIREMENTS. Reclaimed water facility information shall
be delivered to the DISTRICT as four separate Arclnfo coverages or ESRI shapefiles,
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Coverages shall have the following characteristics:
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. Double Precision,
. Projection of Universal Transverse Mercator (UTM), Zone 17, NAD 83/90 datum
(HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum,
. Full topological structure with no edit masks.
. Verified FUZZY tolerance of .001 meters.
Shape files shall have the following characteristics:
. Projection of Universal Transverse Mercator (UTM), Zone 17, NAD 83/90 datum
(HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum,
. All line features shall be snapped at connecting ends,
. Shared borders of adjacent polygon features shall have exact coincidence, No
slivers are permissible. This requirement is analogous to the topological
requirements for Arclnfo polygon coverages.
These coverages are designed to be developed using heads-up digitizing techniques
from 1 :12,000 digital orthophotos. Higher accuracies are permissible, but the attribute
and topological structures defined below shall be adhered to. If requested, the DISTRICT
shall provide technical assistance and digital orthophoto base maps that can be used for
data automation. All coverages shall be delivered as Arclnfo EXPORT or shapefiles files
on new 8mm tapes or CDROMs. If approved in writing, transfer via Internet FTP shall be
accepted. The following coverages shall be delivered:
Waste Water Treatment Plants
Coverage Name: WWTREA TPL
Description: Locations of all waste water treatment plants, Locations are to be
represented by a point that represents the approximate center of the
main entry gate of the property on which the treatment plant resides.
Coverage Type: POINT
Items in addition to default attributes for Arclnfo point coverages.
PLANT_CAPACITY 4,12, F, 2 Permitted annual daily average treatment capacity, in
millions of gallons per day (MGD).
PLANT_FLOW
4,12, F,2 Annual daily average of treated water, in millions of
gallons per day (MGD).
REUSE_CAPACITY 4, 12, F, 2 Permitted annual average reuse capacity in millions of
gallons per day.
PLANT_RE_FLOW 4,12, F, 2 Annual daily average flow of reclaimed water, in
millions of gallons per day (MGD).
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REP_VEAR
4, 4, IRe p 0 r tin g yea r P LAN T _ F LOW and
PLANT _RE_FLOW values.
PLANT_NAME
TREAT_LEVEL
40, 40, C Name of treatment plant.
3,3, C Treatment level:
ADV Advanced. (AWT) ,
SAD Secondary treatment with filtration.
SEC Secondary treatment.
FT Full treatment.
DISINF _LEVEL
2,2,C
Disinfection level:
BA Basic.
IN Intermediate,
HI High.
FT Full treatment disinfection.
Reclaimed Water Transmission Lines
Coverage Name: RWLlNES
Description: All proposed and existing reclaimed water lines. All features shall be
located within plus or minus 10 meters of their actual location.
Coverage Type: LINE
Items in addition to default attributes for Arclnfo line coverages,
LINE_STATUS 2,2, C Current status of line:
EX Existing line.
PR Proposed line.
LINE_SIZE 4, 12, F, 1 Diameter of reclaimed water line in inches.
LINE_FUNDING 1, 1, C Is funding provided by the District for this line?
V Ves
N No
Reclaimed Water Storage Areas
Coverage Name: RWSTORAGE
Description: Locations of all reclaimed water storage facilities. Locations are to
be represented by a point that represents the approximate center of
the main entry gate at which the reclaimed storage facilities reside,
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Coverage Type:
tOINT
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Items in addition to default attributes for Arclnfo point coverages.
STORAGE_TYPE 4, 4, C
STORAGE_FUND 1, 1, C
STORAGE_STAT 2, 2, C
Reclaimed Water Users
Coverage Name: RWUSER
Type of reclaimed water storage facility:
POND Pond or uncovered tank.
TANK Tank,
ASR Aquifer storage and recovery.
Is funding provided by the District for this facility?
V Ves
N No
Current status of storage facility:
EX Existing.
PR Proposed.
Description: Polygons delimiting the area served by reclaimed water lines.
Locations are to be represented by a polygon that represents the
reclaimed water user. This coverage is not meant to represent
individual households, but instead should represent subdivisions,
agricultural or commercial operations, golf courses, etc. All features
shall be located within plus or minus 10 meters of their actual
location.
Coverage Type: POL VGONS
Items in addition to default attributes for Arclnfo line coverages.
USER_NAME
USER_TYPE
60,60,C
4,4,C
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Name of the reclaimed water user at that location.
Type of reclaimed water user:
RES Residential irrigation.
GOLF Golf course irrigation.
RIA RecreationaVAesthetic (parks, cemetery,
fountains and other water features).
Mining and dewatering.
Power generation.
IndustriaVCommercial,
Ground water recharge.
Indirect potable reuse (surface water
augmentation).
Wetlands creation, enhancement or
restoration) .
Agriculture irrigation.
MINE
POW
I/C
GW
IP
WET
AG
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QUANTITY
USER_STATUS
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4,12,F,3
2,2,C
USER_STORAGE 1, 1, C
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Estimated annual daily average amount of reclaimed
water used, in millions of gallons per day (MGD).
Current status of water user:
EX Existing user.
PR Proposed user.
Onsite reclaimed water storage.
Y Yes
N No
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