SECOND AMENDMENT FOR THE CLEARWATER MORNINGSIDE AREA RECLAIMED WATER TRANSMISSION AND DISTRIBUTION PROJECT - L254AGREEMENT NO. 05CON000049
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
CLEARWATER MORNINGSIDE AREA RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION PROJECT (1-254)
This SECOND AMENDMENT effective as of the 1St day of October 2008 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, Clearwater, Florida 33756,
hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an agreement dated June 23, 2005
(Original Agreement), as amended October 1, 2005, for the design and construction of
reclaimed water transmission and distribution lines in the Morningside area of the CITY. The
Oaks Condominium complex will also be connected to an existing reclaimed water main to
serve the community with reclaimed water to be used for irrigation and cooling tower
consumption; and
WHEREAS, the parties hereto wish to further amend the Original Agreement to modify the
scope to change the customer base, decrease the overall project budget, and extend the
contract period; and
WHEREAS, the DISTRICT desires to amend the Original Agreement to updated DISTRICT
contract language and to add new Articles incorporating applicable provisions of DISTRICT
funding requirements.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the Original Agreement, dated
June 23, 2005, as amended, as follows:
Paragraph 3, Funding, is hereby replaced in its entirety to decrease the total PROJECT
funding by $500,000 for a revised total PROJECT cost of $4,000,000 as follows:
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Four
Million Dollars ($4,000,000). The DISTRICT agrees to fund PROJECT costs up to
Two Million Dollars ($2,000,000), subject to Paragraphs 3.6, 3.7 and 3.8 below,
and will have no obligation to pay any costs beyond this maximum amount. The
CITY agrees to fund PROJECT costs up to Two Million Dollars ($2,000,000) and
will be responsible for all costs in excess of the anticipated total PROJECT cost.
The CITY will be the lead party to this Agreement and will pay PROJECT costs
prior to requesting reimbursement from the DISTRICT.
Page 1 of 5
2. Subparagraphs 3.6, 3.7 and 3.8 are hereby replaced in their entirety with the following:
3.6 The CITY recognizes that the DISTRICT has approved $2,300,000 for the
PROJECT through Fiscal Year 2008. This amount includes Six Hundred
Thousand Dollars ($600,000) of WPSPTF funds. The DISTRICT'S and CITY'S
performance and payment pursuant to this Agreement are contingent upon the
respective Governing Board's appropriating funds for the PROJECT.
3.7 Any funds received from the WPSPTF will be applied to equally reduce each
party's share of allowable construction costs not to exceed 20% of the total
allowable construction costs for the PROJECT. Any state or federal appropriations
or grant monies received by the CITY for this PROJECT will be applied to equally
reduce each party's share of PROJECT costs. The parties will provide each other
with written documentation detailing their allocation of any such funds appropriated
for this PROJECT. In the event the DISTRICT provides funding for the PROJECT
in excess of the DISTRICT'S share after all state and federal appropriations, and
grant monies have been applied as set forth herein, CITY will promptly refund such
overpaid amounts to the DISTRICT. This paragraph will survive the expiration or
termination of this Agreement.
3.8 The CITY will ensure that the reclaimed water infrastructure related to the
PROJECT is constructed, operated and maintained in such a manner that it will
continue to be utilized to its proposed capacity, as described in this Agreement, for
a minimum of 20 years. Capacity is defined, for the purposes of this Agreement, as
the reclaimed water benefits described in the Project Plan, except for adverse
short-term conditions beyond the control of the CITY. The CITY will provide written
notice to the DISTRICT of any adverse short-term conditions and the CITY'S plan
of action with regard to said conditions. The DISTRICT Project Manager will
evaluate and determine the CITY'S compliance with this provision as part of the
DISTRICT required "Annual Reclaimed Water Summary Report" evaluation. If the
reclaimed water infrastructure related to the PROJECT is not utilized to its
proposed capacity as described in this Agreement, the DISTRICT may require the
CITY to reimburse the DISTRICT for payments made pursuant to this Agreement in
an amount equivalent to the percentage of capacity not attained. This provision will
survive the term of this Agreement.
3. Paragraph 4, Contract Period, is hereby amended to extend the expiration date of
December 31, 2009, in the Original Agreement to December 31, 2011.
4. Subparagraph 14.2, Diversity in Contracting and Sub-Contracting, is hereby replaced in
its entirety as follows:
14.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors
and sub-contractors who performed work in association with the PROJECT, the
amount spent with each contractor or sub-contractor, and to the extent such
information is known, whether each contractor or sub-contractor was a minority
owned or woman owned or small business enterprise. If no minority owned or
woman owned or small business enterprises were used in the performance of this
Agreement, then the report shall so indicate. The Minority/Women Owned and
Small Business Utilization Report form is attached as Exhibit "E." The report is
required upon final completion of the PROJECT prior to final payment, or within
thirty (30) days of the execution of any amendment that increases PROJECT
funding, for information up to the date of the amendment and prior to the
disbursement of any additional funds by the DISTRICT.
Page 2 of 5
5. Paragraph 22, Documents, is hereby replaced in its entirety to add Exhibit "E,"
Minority/Women Owned and Small Business Utilization Report Form as follows:
22. DOCUMENTS. The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority will first be
given to the language in the body of this Agreement, then to Exhibit "A," then to
Exhibit "C," then to Exhibit "D," then to Exhibit "B," and then to Exhibit "E."
Exhibit "A" Special Project Terms and Conditions
Exhibit "B" CITY'S Project Plan
Exhibit "C" District Travel Procedure 13-5
Exhibit "D" Special Audit Requirements
Exhibit "E" Minority/Women Owned and Small Business Utilization Report Form
6. Exhibit 'A" Paragraph 6, Completion Dates, is hereby amended to extend the
commence construction date to July 31, 2009, and the construction completion date to
December 31, 2010.
7. Exhibit 'A" Paragraph 7, Reclaimed Water Offset Report is hereby replaced in its
entirety as follows:
7. ANNUAL RECLAIMED WATER SUMMARY REPORT. The CITY must provide the
DISTRICT with an "Annual Reclaimed Water Summary Report" showing the reuse
flow and customer information for the CITY'S entire reuse system. This report
requirement will become effective upon execution of this Amendment. The
reporting period will be October V t through September 30th and the report must be
submitted by January Vt of the calendar year following the fiscal year period. The
report format is attached as Attachment "1," Sample Annual Reclaimed Water
Summary Report. The report format will be updated by the DISTRICT as needed.
The CITY will obtain the DISTRICT'S approval of the report before the report is
finalized, and the DISTRICT will not unreasonably withhold its approval. Annual
submission of this report will eliminate the requirement for the Reclaimed Water
Offset Report by the CITY from any ongoing or previously completed reclaimed
water projects with the DISTRICT. In addition to other remedies provided in this
Agreement, noncompliance with this report requirement may affect the CITY'S
eligibility for further DISTRICT funding. This provision will survive the term of this
Agreement.
8. Exhibit 'A" Paragraph 11, Required Reclaimed Water Customers is hereby replaced in
its entirety as follows:
11. REQUIRED RECLAIMED WATER CUSTOMERS. The CITY will obtain written
agreements with reclaimed water customers served by the PROJECT that provide
at least fifty percent (50%) of the PROJECT'S proposed reclaimed water offsets of
existing or planned, ground water or surface water withdrawals, under normal
operating conditions for a minimum of 20 years. Written notification that all such
agreements have been secured will be provided to the DISTRICT'S Project
Manager prior to initiating construction of the PROJECT, and copies will be
furnished upon request. Where reclaimed water will involve offsets that are related
Page 3 of 5
to large industrial customers or withdrawals under water use permits (WUPs), the
CITY will secure long term written agreements with those customers served by the
PROJECT, ensuring utilization of reclaimed water at the proposed capacity, as
described in this Agreement, for a minimum of 20 years. The CITY will ensure said
customers will provide the PROJECT'S proposed offsets of existing or planned,
ground water or surface water withdrawals, under normal operating conditions.
Written notification that all such agreements have been secured will be provided to
the DISTRICT'S Project Manager prior to initiating construction of the PROJECT,
and copies will be furnished upon request.
9. Exhibit "B," Project Plan, is hereby replaced in its entirety with Exhibit "B," Project Plan,
(Revised August 4, 2008) attached hereto.
10. Attachment 1 of Exhibit "D" is hereby replaced in its entirety and attached hereto.
11. The terms, covenants and conditions set forth in the Original Agreement, as amended,
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 intentionally left blank.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on
the day and year set forth next to their signatures below.
SOUTHWEST FL,QRIDA WATER MANAGEMENT DISTRICT
By:
David L.
, Executive Director
CITY OF CLEARWATER
By: //_
Fran V. Hibbard, Mayor
Z-//-zoo
Date
William B. Horne II, City Manager
Approved as to Form:
By::e.Leslie K Dougall-Sides E;Z?-
Attest
: Cyn is E. Goudeau, City Clerk
By: rney
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR THE
CLEARWATER MORNINGSIDE AREA RECLAIMED WATER TRANSMISSION
AND
DISTRIBUTION PROJECT (L254)
DISTRICT APPROVAL INITIALS DATE
LEGAL M&M
RISK MGMT MIA
CONTRACTS
RP DEPT DIR W
DEPUTY EXEC DIR J?L
GOVERNING BOARD
Date
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Date
Page 5 of 5
AGREEMENT NO. 05CON000049
EXHIBIT "B"
PROJECT PLAN
(Revised August 4, 2008)
NARRATIVE: This PROJECT consists of the design, permitting and construction of reclaimed water
transmission mains, distribution piping and necessary appurtenances to provide
service to the Morningside residential area, Belleaire Country Club and several large
customers within the CITY.
PROJECT INFORMATION
TYPE OF PROJECT:
The PROJECT consists of the design, permitting and construction of reclaimed water
transmission mains, distribution piping and necessary appurtenances in the Morningside
residential neighborhood of the CITY and to several large customers within the CITY that include
irrigation to schools, condominiums, cooling towers, a park, and a golf course.
2. PROJECT OBJECTIVE:
The goal of this PROJECT is to replace existing potable water and potable quality groundwater
used for irrigation and other non-potable uses with reclaimed water. This endeavor represents a
timely opportunity to leverage CITY and DISTRICT funds for a PROJECT that will be integral in
offsetting high potable water use in an areas that do not have access to reclaimed water. The
PROJECT described below will assist the CITY in attaining the goal of building a citywide reclaimed
water system.
3. PROJECT DESCRIPTION:
A. A PROJECT location map for the PROJECT and the Morningside area is attached as Figure 1.
B. The PROJECT includes:
• Approximately 16,000 linear feet of 8" diameter reclaimed water transmission mains.
• Approximately 20,000 linear feet of 4" to 6" diameter reclaimed water distribution system
lines.
• Meters and other necessary appurtenances.
C. There are approximately 450 single-family residential customers in the PROJECT'S
distribution service area of which 280 have in-ground irrigation systems. Of these 280
customers, approximately 200 are currently irrigating with potable water and an estimated 80
residents are irrigating with shallow wells. The 80 shallow well users are not included in the
offset calculations. Residential irrigation customers are anticipated to connect to the system
and will use 0.15 million gallons per day (mgd) of reclaimed water to offset 0.058 mgd of
potable quality water.
D. Three condominiums will be served by this PROJECT and are projected to use 22,000 gpd
of reclaimed water and offset an estimated 13,200 gpd.
E. Two cooling towers, that include a high school and a condominium, are anticipated to
connect to the reclaimed water system. The projected use is estimated at 26,000 gpd to
offset 26,000 gpd of potable quality water.
F. One CITY park will be served by the PROJECT and projected to use approximately 4,500
gpd of reclaimed water and offset approximately 3,400 gpd of potable quality water.
Page 1 of 5
G. One golf course will be served by the PROJECT and is projected to use approximately
133,000 gpd of reclaimed water and offset approximately 100,000 gpd from a deep well.
H. Three Pinellas County schools will be served by the PROJECT and are projected to use
139,000 gpd of reclaimed water and offset approximately 104,000 gpd.
4. DEMONSTRATION OF NEED:
• This PROJECT will optimize water management in the CITY by reducing the water
withdrawn from well fields and from Floridan Aquifer irrigation wells, and reduces the
disposal of effluent water to Tampa Bay and Clearwater Harbor.
• This PROJECT will help meet Pinellas-Anclote River Priorities by reducing groundwater
withdrawal, reducing pollutant loading to Tampa Bay and Clearwater Harbor, and to help
recharge aquifers in accordance with the Needs and Sources report.
• This PROJECT is supported by goals found in previous years Basin Board's plans, State
Water Policy, the Florida Water Plan, Reports of the Tampa Bay 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.
• This PROJECT is consistent with the update of the CITY Reclaimed Water Expansion Plan.
• Funding for the PROJECT is included in the CITY'S Capital Improvement Plan.
5. MEASURABLE BENEFITS:
This PROJECT will support the delivery of 0.47 mgd of reclaimed water to the PROJECT area. The
expansion of reclaimed water service to these areas will offset an estimated 0.30 mgd of current
potable water and potable quality groundwater used for non-potable uses, as well as enable future
expansion of the CITY'S system.
6. DELIVERABLES:
A. Bi-Monthly Design/Construction Status Reports.
B. Preliminary PROJECT design.
C. Final Basis of Design Report.
D. 20-year customer commitment agreements.
E. Copy of CITY Comprehensive Plan section requiring dual distribution lines in new
developments.
F. Copy of CITY ordinance/code (Article IX: Reclaimed Water Use; Ord. Sec. 32.351 thru
32.383) which provides for the efficient use of reclaimed water.
G. Enforcement of a policy to guarantee a rate of connection to the reclaimed water system that
is not less than fifty percent (50%) of the customer accounts in the PROJECT'S service
area.
H. Construction bid-packages.
1. CONSULTANT contract for DISTRICT approval.
J. Construction contract for DISTRICT approval.
K. Construction completeness letter from the Public Utilities Director.
L. Reclaimed water GIS information.
M. Annual Reclaimed Water Summary Reports.
N. Copies of new reclaimed water Education Program Material.
Page 2 of 5
7. PROJECT COST:
The total eligible cost of this PROJECT is estimated to be $4,000,000. Water Protection
Sustainability Program Trust Funds allocated to this PROJECT are $600,000. The DISTRICT'S
share of the remaining $3,400,000 is 50 percent, or $1,700,000, from the Pinellas-Anclote River
Basin Board. The cost amortized at 8 percent over 30 years is $3.17 per thousand gallons
offset.
DISTRICT TOTAL
TOTAL PROJECT CITY STATE GRANT DISTRICT
Design and Permitting $ 610,000 $ 305,000 $0 $ 305,000
Transmission $ 1,288,000 $ 544,000 $200,000 $ 544,000
Distribution $ 2,102,000 $ 851,000 $400,000 _ $ 851,000
Totals $ 4,000,000 $1,700,000 $600,000 $ 1,7009000
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 funds for the PROJECT are included in the adopted
Capital Improvement Plan.
8. COMPLETION SCHEDULE:
Original Agreement Executed ..................................................................... ........ June 23, 2005
First Amendment Executed ....................................................................... ..... January 2, 2007
Second Amendment Executed (anticipated) ................................................ November 3, 2008
Design Commence ............................................................................................. June 30, 2005
Construction Commence .......................................................................................July 31, 2009
Complete Construction .............................................................................. December 31, 2010
Agreement Termination ............................................................................. December 31, 2011
9. IMPLEMENTATION:
The CITY'S Public Utilities staff will be responsible for implementing this PROJECT. The CITY will
utilize an engineering consultant to design the systems 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
Jerry Wells
Reclaimed Water Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL. 34618-4748
(727) 562-4960
Secondary Contact
Tracy Mercer
Public Utilities Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
(727) 562-4960
11. ADDITIONAL REQUIREMENTS
A. The CITY will continue its customer education program promoting the efficient use and
conservation of reclaimed water (see Attachment 1).
B. The CITY will obtain written agreements (20-year for WUPs) with reclaimed water customers
served by the PROJECT that provide at least fifty percent (50%) of the PROJECT'S
proposed reclaimed water offsets of existing or planned, ground water or surface water
withdrawals, under normal operating conditions for a minimum of 20 years.
Page 3 of 5
Attachment 1
Policy to guarantee customer participation and a minimum of a 50% connection rate
within one year of completion of project.
The City of Clearwater will guarantee a 50% connection rate within one year of completion of the
project. The policy for enforcing connection will be per a City ordinance/code #32.376, which
states "no person shall use potable water for irrigation through a new or existing lawn meter on
property where reclaimed distribution facilities are available". Potable irrigation will not be
allowed. In the event a person does not comply, potable service will be disconnected after a
series of letters and meetings with the customer. The city requires all large reclaimed water
customers to sign a 20 year reclaimed water service agreement prior to construction of the
transmission lines necessary to server the customer's property.
Education promoting the efficient use of reclaimed water.
The City of Clearwater provides education on reclaimed water and conservation on the city TV
channel, and web site, with a link to SWFWMD's web site. Education is also provided with
brochures and educational materials provided at our customer service department, libraries and
Public Utilities department. The city provides each reclaimed user with a reclaimed water policy
manual that they must read and sign for before service is provided. Information is provided at the
initial inspection, at homeowner meetings, in billing stuffers and through a monthly utility insert
message.
Ordinance/code requiring efficient use of reclaimed water.
The City of Clearwater requires metering and volume based rates to promote the efficient
utilization of reclaimed water. To further conserve the reclaimed water resource, daytime
restrictions on watering with reclaimed water are included in ordinance/code #32.153, which
states "To conserve the resource, the City will institute daytime restrictions on irrigation whereby
no irrigation is allowed by use of reclaimed water between 10:00 a.m. and 4:00 p.m. on each day
of the week." The City will install individual meters on all connections and will monitor/report
usage and discourage overuse through a variety of methods (including metering and water
conserving rates for customers, planned service interruptions, time of day and day of week
irrigation restrictions) to guarantee the project achieves at least a 50% offset efficiency.
Ordinance/code requiring dual distribution lines in new developments within reclaimed
water service areas.
The City developed and submitted to the State of Florida modifications to its Comprehensive Plan
which state " the City requires as a condition of development approval, the use of reclaimed water
for landscape irrigation or the installation of dual distribution system (potable and reclaimed
water) for future service, if reclaimed water lines are not yet available to the proposed
development."
Page 4 of 5
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