FIRST AMENDMENT CLEARWATER DREW AND UNION STREET REUSE (K513)
ORI6INAL
AGREEMENT NO. 01 CON000111
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
THE CITY OF CLEARWATER
FOR
CLEARWATER DREW AND UNION STREET REUSE (K513)
This FIRST AMENDMENT entered into and effective this 1st day of November, 2003 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 CITY OF CLEARWATER, a municipal
corporation of the State of Florida, whose address is 112 South Osceola Avenue, Clearwater,
Florida 33756, hereinafter referred to as the II CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement effective January 1,
2001, for design and construction of the Clearwater Drew and Union Street Reuse Project;
and
WHEREAS, the parties hereto wish to amend the Agreement to extend the contract period
and revise the scope of work due to the elimination of the storage and pumping portions of
the PROJECT and due to pipeline routing modifications; and
WHEREAS, the DISTRICT desires to amend the Agreement to add new Articles
incorporating applicable provisions of Florida Statutes.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the original Agreement,
effective January 1, 2001, as follows:
1, Paragraph 4, Contract Period, is hereby amended to extend the expiration date of
December 31, 2004, in the original Agreement to December 31, 2005,
2. The following new Paragraphs are hereby added to this Agreement as follows:
20. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F,S., 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
Page 1 of 3
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 Section 287.017, F.S., for Category Two, for a period of 36 months
following the date of being placed on the convicted vendor list.
21. LOBBYING PROHIBITION. Pursuant to Section 216.347, Florida Statutes (F.S.), 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.
22. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate
who has been placed on the discriminatory vendor list 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.
3. Exhibit "A," Paragraph 6, Completion Dates, is hereby amended to complete construction
by December 31, 2004.
4, Exhibit "B," Proposed Project Plan, is hereby replaced in its entirety with Exhibit "B"
Scope of Work (revised November 1,2003), attached hereto.
5. The terms, covenants and conditions set forth in the original Agreement, effective January
1, 2001, that have not been specifically amended herein, will continue in existence, are
hereby ratified, approved and confirmed, and will remain binding upon the parties hereto.
The remainder of this page left blank intentionally.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day
and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: ~-1 ~
David L. Moore, ~xecutive Director
l.J -2 Z-o~
Date
CITY OF CLEARWATER
:;-1 q-oy
Date
ATTEST:
Asst.
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
THE CITY OF CLEARWATER
FOR
CLEARWATER DREW AND UNION STREET REUSE (K513)
Page 3 of 3
DISTRICT APPROVAL INITIALS p~T..F/...
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RISK MGMT ~
CONTRACTS B
RC&D DEPT DIR v "
DEPUTY EXEC DIR . .
GOVERNING BOARD / ~
AGREEMENT NO. 01 CON000111
EXHIBIT "B"
SCOPE OF WORK
CLEARWATER DREW AND UNION STREET REUSE PROJECT (K513)
(Revised November 1 , 2003)
This PROJECT includes the design, permitting and construction of reclaimed water
transmission mains along Drew Street and Old Coachman Road as well as reclaimed water
transmission mains along Union Street in east-central Clearwater. These transmission mains
will provide reclaimed water to large irrigation users and residential customers in the adjacent
areas to the roadways outlined. The objective of this PROJECT is to reduce the amount of
potable water and groundwater being used for irrigation and other non-potable uses and to
reduce the discharge of effluent to Tampa Bay.
This PROJECT will target large open space areas that are irrigated with potable quality ground
water and treated potable water including Sylvan Abbey, St. Petersburg Junior College
Clearwater Campus, Clearwater Phillies Training Complex, Eddie C. Moore Recreation
Complex, and others. In addition, there are 169 potential residential customers in the area of
the Union Street transmission main that will be served by this PROJECT; however, the
residential distribution mains are not part of the Cooperative Funding Initiative PROJECT. The
grant eligible portions (transmission) of the PROJECT will provide 550,000 gpd of reclaimed
water and offset an estimated 390,000 gpd of potable quality water.
The total estimated cost of this PROJECT is $4,928,300.00, The portion of the PROJECT that
is eligible for District funding is $4,207,970, of which the DISTRICT agrees to fund 50 percent
or $2,103,985. Construction began December 2001 and will be completed by December 31,
2004. The cost/benefit ratio for the total eligible portions of the PROJECT using an 8% annual
interest rate amortized over 30 years is $2.60/1000 gallons.
PROJECT INFORMATION
1. TYPE OF PROJECT:
This PROJECT includes the design and construction of reclaimed water transmission
mains to serve the expanding reclaimed water service in the areas along Drew Street
and Union Street.
2. PROJECT OBJECTIVE:
This transmission PROJECT is part of the of Clearwater's overall objective to develop a
reclaimed water system that will provide for the beneficial and efficient use of reclaimed
water for irrigation and other approved non-potable uses. This will require the
construction of transmission mains such as the ones included in this PROJECT, and will
also include other reclaimed water projects to design and construct pumping facilities,
storage facilities, and distribution piping to provide service to the system customers.
Page 1 of 7
The implementation of the 's reclaimed water system will be accomplished in a phased
method over a 20-year time frame. Full implementation of the system is anticipated to
measurably meet the potential irrigation demand in the CITY, estimated to be 23.0 mgd
and to reduce the CITY's wastewater effluent discharge to Tampa Bay and Clearwater
Harbor, which presently has a combined surface water discharge of 15.5 mgd,
3. PROJECT DESCRIPTION:
A. A PROJECT location map for the Drew Street area, attached as Attachment 1
(Figure 1) and Attachment 2 (Figure 2), shows the portion of the PROJECT in the
Union Street area.
B, The PROJECT includes the design and construction of approximately 24,000
Feet of 8", 16" and 24" diameter transmission mains.
C. This transmission PROJECT will provide reliable delivery of 550,000 gpd of
reclaimed water to the Drew Street and Union Street areas. Capacity will be
provided in the transmission system for additional future flows,
D. The reclaimed water flow will offset potable water use and high quality
groundwater withdrawals of approximately 390,000 gpd,
E. There are approximately 20 major commerciaVrecreational users along the
transmission mains and an additional potential for 169 residential distribution
customers in the combined areas served by this PROJECT. Calculated supply,
offset, and costs associated with the grant eligible portions of this PROJECT
include only the transmission segments, as distribution lines to the 169 residential
customers are not part of the DISTRICT funded PROJECT.
F. The CITY lies within an area designated by the DISTRICT as a water caution
area. Presently, the CITY is under water use restriction, limiting the use of
groundwater resources for irrigation.
4. DEMONSTRATION OF NEED:
A. This PROJECT will optimize water management in the CITY by reducing the
water withdrawn from well fields and from irrigation wells, and will reduce the
discharge of wastewater treatment plant effluent to Tampa Bay,
B. This PROJECT will help meet Pinellas-Anclote Basin Board priorities by reducing
groundwater withdrawal, reducing pollutant loading to Tampa Bay, and to help
recharge surficial aquifers.
Page 2 of 7
C, This PROJECT is 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.
D. This PROJECT is consistent with the Update of the Reclaimed Water Master
Plan being conducted currently by McKim & Creed Engineers on behalf of the
CITY.
E. The PROJECT is included in the CITY's Capital Improvement Plan.
F. The PROJECT is consistent with 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,"
5. MEASURABLE BENEFITS:
This PROJECT will supply 550,000 gpd of reclaimed water to the PROJECT area. The
expansion of reclaimed water service to these areas will offset an estimated 390,000
gpd of potable water and high quality groundwater used for non-potable uses.
The total estimated cost of the CITY's PROJECT is $4,928,300.00. The portion of the
PROJECT that is eligible for Cooperative Funding (transmission) is $4,207,970, of which
the DISTRICT agrees to fund 50 percent ($2,1 03,985). Construction began in
December 2001 and will be completed by December 31,2004. The cost/benefit ratio for
the eligible PROJECT cost using an 8% annual interest rate amortized over 30 years is
$2.60/1000 gallons. The residential distribution portion (169 residences) of this
PROJECT is being funded solely by the CITY and therefore all amounts of costs, water
supplied, and offsets associated with those distribution segments are not included in the
calculations of the eligible transmission PROJECT costs, supply, offsets, and
costlbenefits.
6. DELlVERABLES:
A. Bi-Monthly Design/Construction Status Reports
B. Preliminary PROJECT Design
C. Construction Bid-Packages
D. Construction Contract for DISTRICT Approval
Page 3 of 7
E. Construction Completeness Letter From the Public Utilities Director
F. PROJECT GIS Information
G. PROJECT Offset Report (required 3 years post completion)
7. PROJECT COST:
The total eligible and non-eligible PROJECT costs are estimated to be 4,928,300.
The eligible PROJECT cost is estimated to be $4,207,970 as categorized below:
Eligible Costs - Transmission
Design and Permitting
Construction
Eligible Total
Total CITY DISTRICT
Costs Share Share
$ 647,380 $ 323,690 $ 323,690
$3,560,590 $1,780,295 $1,780,295
$4,207,970 $2,103,985 $2,103,985
Non-Eligible Costs - Distribution
Design and Permitting
Construction
Non-Eligible Total
$ 110,820 $ 110,820 $0
$ 609,510 $ 609,510 $0
$ 720,330 $ 720,330 $0
$4,928,300 $2,824,315 $2,103,985
TOTAL PROJECT COST
The CITY will fund its share of PROJECT costs from the Water and Sewer Enterprise
funds including revenues from the sale of reclaimed water. The PROJECT is included in
the adopted Capital Improvement Plan.
8. COMPLETION SCHEDULE:
Notice to Proceed-Contract Effective Date:
Design & Permitting Commence:
Design & Permitting Complete:
Construction Commence:
Construction Complete:
Contract Close Out:
01/01/2001
05/30/2001
12/31/2002
12/15/2001
12/31/2004
12/31/2005
Page 4 of 7
9. IMPLEMENTATION:
The CITY's Public Utilities staff will be responsible for implementing this PROJECT. The
CITY will utilize its reclaimed water Engineering Consultant to design the PROJECT and
will construct the PROJECT using approved General Contractors through normal public
bid procurement.
10. KEY PERSONNEL:
The CITY's contact with DISTRICT Staff and Project Manager will be:
Primary Contact
Andy Bachtel, Reclaimed Water Coordinator
City of Clearwater
P,O, Box 4748
Clearwater, FL 33758-4748
(727) 562-4960
Secondary Contact~
Andy Neff, P.E., Public Utilities Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33756-4748
(727) 562-4960
Todd Petrie, P.E., Assistant Public Utilities Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33756-4748
(727) 462-6848
Street Lee, P.E., Project Manager
McKim & Creed, P.A.
601 Cleveland Street, 5te. 205
Clearwater, FL 33755
(727) 442-7196
Page 5 of 7
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