COOPERATIVE FUNDING AGREEMENT FOR CITY OF CLEARWATER GROUNDWATER REPLENISHMENT PROJECT (PHASE 1) (N179)AGREEMENT NO. 10000000083
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CITY OF CLEARWATER GROUNDWATER REPLENISHMENT PROJECT (PHASE 1)
(N179)
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 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 "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 an aquifer recharge feasibility study for the possible future
design and construction of a groundwater replenishment facility, 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:
PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers will assist with
PROJECT coordination and will be each party's prime contact person. Notices and
reports will be sent to the attention of each party's Project Manager by U.S. mail,
postage paid, by nationally recognized overnight courier, or personally to the parties'
addresses as set forth below. Notice is effective upon receipt.
Project Manager for the DISTRICT:
Sandie Will, P.G.
Southwest Florida Water
Management District
2379 Broad Street
Brooksville, Florida 34604-6899
Project Manager for the CITY:
Robert S. Fahey, P.E.
City of Clearwater
Utilities Department
1650 North Arcturas Avenue, Building C
Clearwater, Florida 33765-1945
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Any changes to the above representatives or addresses must be provided to the other
party in writing.
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 must
be in writing, explain the reason for the extension and be signed by the Project
Manager and his or 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 which will exceed the expiration date set forth in Paragraph 9,
Contract Period.
1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the
Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable,
the refined budget as set forth in Paragraph 3.2 below. The adjustment must be in
writing, explain the reason for the adjustment, and be signed by the Project
Manager, his or her Department Director and 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 amounts set forth in the
funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY will 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 Project
Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated costs,
except as provided herein, must be mutually agreed to in a formal written amendment
approved by the DISTRICT and the CITY prior to being performed by the CITY, subject
to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for
managing the PROJECT, including the hiring and supervising of any consultants or
contractors it engages in order to complete the PROJECT.
The parties agree that time is of the essence in the performance of each obligation
under this Agreement.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Four
Hundred Fifty Thousand Dollars ($450,000). The DISTRICT agrees to fund PROJECT
costs up to Two Hundred Twenty-Five Thousand Dollars ($225,000), and will have no
obligation to pay any costs beyond this maximum amount. The CITY agrees to provide
all remaining funds necessary for the satisfactory completion of the PROJECT. The
CITY will be the lead party to this Agreement and pay PROJECT costs prior to
requesting reimbursement from the DISTRICT.
3.1 Any federal, state, local or grant monies received by the CITY for this PROJECT
will be applied to equally reduce each party's share of PROJECT costs. The CITY
will provide the DISTRICT with written documentation detailing its 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 federal,
state, local and grant monies have been applied as set forth herein, the CITY will
promptly refund such overpaid amounts to the DISTRICT.
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3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT
costs in accordance with the Project Budget contained in the Project Plan set forth
in Exhibit "B." The CITY may contract with consultant(s), contractor(s) or both in
accordance with the Special Project Terms and Conditions set forth in Exhibit "A."
Upon written DISTRICT approval, the budget amounts for the work set forth in such
contract(s) will refine the amounts set forth in the Project Budget and be
incorporated herein by reference. The DISTRICT will reimburse the CITY for 50
percent of all allowable costs in each DISTRICT approved invoice received from
the CITY, but at no point in time will the DISTRICT'S expenditure amount under
this Agreement exceed expenditures made by the CITY. Payment will be made to
the CITY within forty-five (45) days of receipt of an invoice with adequate
supporting documentation to satisfy auditing purposes. Invoices will be submitted
to the DISTRICT every two (2) months electronically at
invoices ,_WaterMatters.org, or at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
In addition to sending an original invoice to the DISTRICT'S Accounts Payable
Section as required above, copies of invoices may also be submitted to the
DISTRICT'S Project Manager in order to expedite the review process. Failure of
the CITY to submit invoices to the DISTRICT in the manner provided herein will
relieve the DISTRICT of its obligation to pay within the aforementioned timeframe.
3.3 Any travel expenses which may be authorized under this Agreement will be paid in
accordance with Section 112.061, F.S., as may be amended from time to time.
3.4 The DISTRICT will not reimburse the CITY for any purpose not specifically
identified in Paragraph 2, Scope of Work.
3.5 Each CITY invoice must include the following certification, and the CITY hereby
delegates authority by virtue of this Agreement to its Project Manager to affirm said
certification:
"I hereby certify that the costs requested for reimbursement and the CITY'S
matching funds, as represented in this invoice, are directly related to the
performance under the City of Clearwater Groundwater Replenishment Project
(Phase 1) (N179) agreement between the Southwest Florida Water
Management District and the City of Clearwater (Agreement No.
10000000083), are allowable, allocable, properly documented, and are in
accordance with the approved project budget. The CITY has been allocated a
total of $ in federal, state, local or grant monies for this PROJECT.
$ has been allocated to this invoice, reducing the DISTRICT'S and
CITY'S share to $ "
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3.6 The DISTRICT'S performance and payment pursuant to this Agreement are
contingent upon the DISTRICT'S Governing Board appropriating funds for the
PROJECT.
4. COMPLETION DATES. The CITY will commence the PROJECT within 30 days of
contract execution, and will complete the PROJECT by October 31, 2011 and will
otherwise meet the milestones established in this Agreement, as may be extended by
the DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of
hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or
other man-made emergencies such as labor strikes or riots, which are beyond the
control of the CITY, the CITY'S obligations to meet the time frames provided in this
Agreement will be suspended for the period of time the condition continues to exist.
During such suspension, this Agreement will remain in effect. The suspension of the
CITY'S obligations provided for in this provision will be the CITY'S sole remedy for the
delays set forth herein.
5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the
DISTRICT paid to the CITY under this Agreement, if: a) the CITY fails to complete the
PROJECT in accordance with Paragraph 4 of this Agreement; b) the DISTRICT
determines, in its sole discretion and judgment, that the CITY has failed to maintain
scheduled progress of the PROJECT thereby endangering the timely performance of
this Agreement; or c) the CITY fails to appropriate sufficient funds to complete the
PROJECT. The CITY will be obligated to pay attorneys' fees and costs incurred by the
DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in
accordance with this Paragraph.
6. CONTRACT PERIOD. This Agreement will be effective upon execution by the parties
and will remain in effect through December 31, 2011, or upon satisfactory completion of
the PROJECT and subsequent reimbursement to the CITY, whichever occurs first,
unless amended in writing by the parties. The CITY will not be eligible for
reimbursement for any work that is commenced, or costs that are incurred, prior to the
effective date of this Agreement.
7. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Payments made to CITY under this Agreement
will be reduced for amounts found to be not allowable under this Agreement by an audit.
The CITY will refund to the DISTRICT all such disallowed payments. If an audit is
undertaken by either party, all required records will be maintained until the audit has
been completed and all questions arising from it are resolved. Each party will maintain
all such records and documents for at least three (3) years following completion of the
PROJECT. Each party will allow public access to PROJECT documents and materials
made or received by either party in accordance with the Public Records'Act, Chapter
119, F.S. Should either party assert any exemption to the requirements of Chapter 119,
F.S., the burden of establishing such exemption, by way of injunctive or other relief as
provided by law, will be upon the asserting party.
8. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or
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products, including intellectual property and rights thereto, purchased under this
Agreement with DISTRICT funds or developed in connection with this Agreement will be
and will remain the property of the DISTRICT and the CITY, jointly.
9. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports,
models, studies, maps or other documents resulting from the PROJECT. Additionally,
two (2) sets, electronic and hardcopy, of any final reports must be submitted to the
DISTRICT as Record and Library copies. The CITY must submit all environmental data
collected under this Agreement to the DISTRICT for upload to the Florida Department of
Environmental Protection's (FDEP) water quality database in accordance with Rule 62-
40.540, Florida Administrative Code (F.A.C.).
The CITY must submit all water quality, biological, and sediment data collected under
this Agreement to the DISTRICT within six (6) months of collection. Data must be
submitted in a standardized electronic format (available from the DISTRICT) in
accordance with Rule 62-40.540, F.A.C. and must include the required data elements
set forth in Rules 62-160.240 and 62-160.340 F.A.C.
Monitoring or collection of environmental data includes all field and laboratory data
collected at groundwater or surface water stations. Groundwater includes, but is not
limited to, the monitoring or collection of water quality or biological data from private
wells, public supply wells, monitoring wells, springs, agricultural wells, or permit
compliance wells. Surface water includes, but is not limited to, the monitoring or
collection of water quality, biological, or sediment data from lakes, streams, rivers,
estuarine or offshore marine sites, canals, retention ponds or storm water ponds.
Laboratories generating environmental data for submission to the DISTRICT must hold
certification from the Department of Health - Environmental Laboratory Certification
Program as required under Rule 62-160.300 F.A.C. All field sampling organizations
collecting environmental data must follow the applicable field collection, quality control,
and record-keeping requirements described in DEP-SOP-001/01 (March 31, 2008), Rule
62-160.800 F.A.C., unless specifically exempted by the DISTRICT.
The CITY must obtain a Site Identifier (SID) from the DISTRICT'S Project Manager for
all sites before collecting data from the sites, so that samples and readings can be
correctly tagged and identified.
The CITY will permit the DISTRICT, the FDEP, or any consultant operating on behalf of
the DISTRICT or FDEP, to conduct periodic audits of field and laboratory procedures or
records to determine if approved protocols are being followed in accordance with Rule
62-160.650 F.A.C.
10. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the
extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense,
including attorneys' fees and costs and attorneys' fees and costs on appeal, arising from
the negligent acts or omissions of the indemnifying party's officers, employees,
contractors and agents related to its performance under this Agreement. The
indemnified party will have the right to approve counsel selected by the indemnifying
party. This provision does not constitute a waiver of either party's sovereign immunity
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under Section 768.28, F.S. or extend either party's liability beyond the limits established
in Section 768.28, F.S. Additionally, this provision will not be construed to impose
contractual liability on either party for underlying tort claims as described above beyond
the limits specified in Section 768.28, F.S.
11. DEFAULT. Either party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, including the failure to meet
specific milestones established in this Agreement, as long as the terminating party is not
in default of any term or condition of this Agreement at the time of termination. In
addition to the above, the DISTRICT may terminate this Agreement if, in its sole
discretion and judgment, it determines that the CITY has failed to maintain scheduled
progress of the PROJECT thereby endangering the timely performance of the
PROJECT. To effect termination, the terminating party will provide the defaulting party
with a written "Notice of Termination" stating its intent to terminate and describing all
terms and conditions 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 will automatically terminate. If a default cannot
reasonably be cured in thirty (30) days, then the thirty (30) days may be extended at the
non-defaulting party's discretion, if the defaulting party is pursuing a cure of the default
with reasonable diligence. The rights and remedies in this provision are in addition to
any other rights and remedies provided by law or this Agreement.
12. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written
media interviews or issue press releases on or about the PROJECT without providing
advance notices or copies to the other party. This provision will not be construed as
preventing the parties from complying with the public records disclosure laws set forth in
Chapter 119, F.S.
13. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if
applicable, Basin Board funding in any reports, models, studies, maps or other
documents resulting from this Agreement, and the form of said recognition will be
subject to DISTRICT approval. If construction is involved, the CITY will 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.
14. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local
government approvals and all real property rights necessary to complete the PROJECT
prior to commencing any construction involved in the PROJECT. The DISTRICT will
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained such permits and property rights necessary to undertake the
PROJECT.
15. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local
laws, rules, regulations and guidelines, including those of the DISTRICT, related to
performance under this Agreement. If the PROJECT involves design services, the
CITY'S professional designers and the DISTRICT'S regulation and projects staff will
meet regularly during the PROJECT design to discuss ways of ensuring that the final
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design for the proposed PROJECT technically complies with all applicable DISTRICT
rules and regulations, however, the DISTRICT undertakes no duty to ensure compliance
with such rules and regulations.
16. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. The DISTRICT is
committed to supplier diversity in. the performance of all contracts associated with
DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make
good faith efforts to encourage the participation of minority owned and woman owned
and small business enterprises, both as prime contractors and subcontractors, in the
performance of this Agreement, in accordance with applicable laws.
16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the
cooperator in ensuring that minority owned and woman owned and small
businesses are afforded an opportunity to participate in the performance of this
Agreement.
16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors
and subcontractors who performed work in association with the PROJECT, the
amount spent with each contractor or subcontractor, and to the extent such
information is known, whether each contractor or subcontractor 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 "C." 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.
17. ASSIGNMENT. Except as otherwise provided in this Agreement, no party may assign
any of its rights or delegate any of its obligations under this Agreement, including any
operation or maintenance duties related to the PROJECT, without the prior written
consent of the other party. Any attempted assignment in violation of this provision is
void.
18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be
implied to create, any relationship between the DISTRICT and any subcontractor of the
CITY.
19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit
any person or entity not a party to this Agreement.
20. LOBBYING PROHIBITION. Pursuant to Section 216.347, 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.
21. PUBLIC ENTITY CRIMES. Pursuant to Subsections 2$7.133(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 contract to provide any
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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. The CITY agrees to include this provision in all subcontracts
issued as a result of this Agreement.
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. The CITY agrees to include this provision in
all subcontracts issued as a result of this Agreement.
23. GOVERNING LAW. All aspects of this Agreement are governed by Florida law and
venue will be in Hernando County, Florida.
24. SURVIVAL. The provisions of this Agreement that require performance after the
expiration or termination of this Agreement will remain in force notwithstanding the
expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs
5, 7, and 10.
25. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
herein, may be amended only in writing, signed by all parties to this Agreement.
26. 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 "B," and
then to Exhibit "C."
Exhibit "A" Special Project Terms and Conditions
Exhibit "B" CITY'S Project, Plan
Exhibit "C" Minority/Women Owned and Small Business Utilization Report Form
The remainder of this page intentionally left blank.
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IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this Agreement on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. bore, Executive Director
Countersigned
16
Date
CITY OF CLEARWATER
By: By:
Frank V. Hibbard Bill Horne Date
Mayor-Commissioner City Manager
Approved as to form: Attest:
By: A By: t
4lie&K. Dougall es C thia E. Goudeau
City Attorney City Clerk
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CITY OF CLEARWATER GROUNDWATER REPLENISHMENT PROJECT (N179)
ry' q /L
DISTRICT APPROVAL
LEGAL
RISK MGMT
CONTRACTS
DEPT DIRECTOR
DEPUTY EXEC DIR
GOVERNING BOARD
INITIALS DATE
N
6
Page 9 of 9
AGREEMENT NO. 10000000083
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
CONTRACTING WITH CONSULTANT. The CITY may engage the services of a
consultant(s), hereinafter referred to as the "CONSULTANT," to perform the services
in accordance with the CITY'S Project Plan previously submitted to the DISTRICT and
attached as Exhibit "B." The CITY will be responsible for administering the contract(s)
with the CONSULTANT.
2. DISTRICT PARTICIPATION IN SELECTING CONSULTANT. As applicable, upon
notifying the CITY'S Project Manager, the DISTRICT will have the option of
participating as an evaluator in the CITY'S process for selecting the CONSULTANT.
3. APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written
approval of any contracts entered into with its CONSULTANTS. The DISTRICT will
not unreasonably withhold its approval.
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AGREEMENT NO. 10000000083
EXHIBIT "B"
PROJECT PLAN
Clearwater System Overview
The CITY serves approximately 117,000 people and is located along the west coast of
Florida within Pinellas County. The Tampa Bay Region, which includes Pasco, Pinellas and
Hillsborough counties, has experienced rapid growth coupled with sustained drought that has
placed a stress upon regional water resources. The CITY is seeking to provide a drought-
resistant water supply and potentially offset regional water supply system production by
substituting the CITY'S current wholesale demand with sustainable local production assisted
by groundwater replenishment. Currently, the CITY'S annual average potable drinking water
system demand is approximately 13 million gallons per day (mgd), of which the CITY
provides approximately 4.0 mgd from three CITY-owned fresh groundwater treatment
facilities. The remaining capacity is purchased from Pinellas County Utilities, a member
government of the regional wholesale water supplier, Tampa Bay Water (TBW). The CITY
also owns and operates three water reclamation facilities and discharges unutilized highly
treated reclaimed water to permitted surface water discharges located in Stevensons Creek
and Tampa Bay.
Project Overview and Purpose
The CITY proposed this PROJECT to recharge the Floridan aquifer, with highly treated water
originating from one of its water reclamation facilities, through indirect potable reuse as
outlined in Florida Administrative Code (62-520, 62-600, and 62-610). The PROJECT goal
would ultimately allow the CITY to replace a portion of the water purchased from Pinellas
County Utilities with additional groundwater withdrawal. The Groundwater Replenishment
Project (GWRP) will have a net positive benefit to groundwater levels within the PROJECT
area, generally defined as the CITY'S water service area or that area which is currently and
historically reported as the source for the CITY'S water supply, and prolong the useful life of
the CITY'S existing and future wellfield. The system capacity, as currently proposed, is being
designed to provide the necessary firm capacity to meet the CITY'S projected demands. The
GWRP is proposed as a 3.0 mgd facility (injection volume of 3.0 mgd) requiring 3.8 mgd of
highly treated reclaimed water as the source of raw water to be supplied from the CITY'S
Northeast Water Reclamation Facility (NEWRF).
There are several drivers for the CITY'S GWRP, including the desire to have a drought-
resistant water supply which would more fully utilize the local water resources, thereby
reducing demands upon the regional system. Additionally, the PROJECT would allow the
CITY to meet the pending Total Maximum Daily Loads (TMDLs) for discharges to Tampa
Bay, and also have direct input on future capital projects related to water supply.
Project History
The CITY developed its Integrated Water Management Strategy in 2004, based on the study
of available water resources, to inform customers of the interdependent nature of all water
sources and to help achieve a sustainable, quality water supply. Referring to this document
along with the Water Supply Master Plan of 2004 and its subsequent update in 2008, the
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CITY identified goals for water conservation: utilizing safe yields of local groundwater; the
utilization of membrane treatment to convert brackish groundwater to drinking water; and
utilizing reclaimed water for the most beneficial purpose, either continuing to offset potable
water being used for irrigation or recharging groundwater.
The CITY concluded that growth projections are relatively stable, as the CITY is essentially
built out. However, historical and projected demands within the CITY'S current water service
area indicate the need for a finished water capacity of up to 13.0 mgd annual average flow.
The CITY completed an independent Groundwater Replenishment Preliminary Feasibility
Study (September 2009), which included a conceptual groundwater recharge system,
conceptual facility design, and preliminary capital and operational opinion of costs. The cost
opinion includes the water treatment process of microfiltration (MF), reverse osmosis (RO),
advanced oxidation, gas stripping and stabilization, and de-oxygenation as well as the costs
for concentrate management and pumping, transporting, and introducing the highly purified
water into the aquifer through recharge wells. The preliminary study indicates that the
proposed project is feasible. This subsequent study will expand upon the findings of the
preliminary study.
PROJECT tasks completed prior to this Agreement are shown in Table 1. These tasks were
funded by the CITY.
Table 1
CITY'S Tasks and Costs Prior to this Agreement
Activity Schedule Cost
1. Investigation of Potential Groundwater Replenishment -
Preliminary review of potential CITY groundwater Completed $31,000
replenishment program
2. Cooperative Funding Application - Cooperative funding Completed $34,000
application preparation and submittal
3. Groundwater Replenishment Preliminary Feasibility Study -
Reviewed DISTRICT aquifer recharge documentation,
identified groundwater recharge methodology, developed Completed $35,000
proposed water treatment process, developed preliminary
opinions of capital and operational costs
Total $100,000
Project Benefits
This PROJECT will allow the CITY to develop a more drought-resistant water resource, more
fully utilize the CITY'S water resources, and help meet the pending Total Maximum Daily
Loads (TMDLs) for discharges to Tampa Bay. This in turn could help Tampa Bay Water
defer regional expansion of about 3 mgd of potable water supply. Additionally, recharging the
aquifer with purified water is expected to help maintain and improve the head conditions and
the water quality of the fresher groundwater.
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Project Scope
The scope of work for the Phase I Feasibility Study related to the GWRP includes the
following work elements:
1.0 Feasibility Study
1.1 Conduct Hydrogeologic Study
1.1.1 Review and evaluation of existing data
Obtain and review existing hydrogeologic data for the PROJECT area
consisting of groundwater quality data for the various zones of the Upper
Floridan aquifer, aquifer characteristics, logs for existing wells in the area,
and groundwater levels for the PROJECT area.
1.1.2 Review of other water users in the area
Perform a Water Use Permit (WUP) inventory and private well inventory in
the project area. These users will be mapped and a determination made
as to the relationship of the potential groundwater replenishment on these
water users.
1.1.3 Groundwater Modeling
Groundwater modeling will be performed to evaluate the effect of
replenishment on water levels in the aquifer system, and the travel times
of the injected water through the aquifer system to water supply wells in
the area. The modeling effort will begin with a review of the existing
models of the Clearwater area. Develop and calibrate a groundwater flow
model using MODFLOW. The flow model is used to evaluate the effect of
replenishment on water levels in the aquifer, and the associated reduction
in drawdown from the CITY'S water supply wells. The flow model also
provides the framework for subsequent particle tracking and transport
modeling. Particle tracking will be performed using MODPATH.
MODPATH essentially tracks particles from the source along flow lines
determined by the potentiometric surface configuration from the
MODFLOW groundwater flow model. The results of the MODPATH model
show the flow directions and travel times from the recharge wells to water
supply wells in the area. Transport modeling is used to evaluate the
reduction in concentration of a solute from its point of origin due to dilution,
dispersion, and other appropriate, quantifiable retardation factors. Based
on the evaluation of water quality from work element 1.1 (a) and
information on the projected quality of the replenishment water,
appropriate transport modeling to evaluate potential water-quality effects
will be performed.
1.1.4 Geochemical Analysis for Potential Limestone Dissolution
Determine the long-term potential of causing additional dissolution of
limestone. Evaluate the chemical composition of the highly treated
wastewater, specifically for calcium, bicarbonate, pH and total organic
carbon and determine how much additional limestone could be added to
bring the water to "saturation" with the minerals in the aquifer.
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1.1.5 Coordination with the DISTRICT and the Florida Department of
Environmental Protection (FDEP)
Meet with DISTRICT water use regulatory staff to determine how this type
of alternative source is factored into the CITY'S WUP. Determine the
mechanism for how it can offset potential increases in withdrawal from the
supply wells, and what type of analysis will be required for the permitting
process that will occur in the next phase of the project. The other
regulatory area to be addressed is the permitting of the recharge wells as
injection wells through the FDEP. While the actual permitting process is
part of the subsequent phase of this PROJECT, the feasibility of the
PROJECT is dependent on the ability to successfully obtain a permit for
injection of the treated water into a potable aquifer. Meet with the FDEP
and other members of the Underground Injection Control (UIC) Technical
Advisory Committee JAC) to discuss the project, provide details of the
treatment process and finished water quality, discuss the arsenic issue,
and identify what will need to be addressed and provided in the permitting
process.
1.1.6 Prepare Cost Estimate
Develop a cost estimate for the subsequent hydrogeologic phase of the
project, which is anticipated to include UIC permitting, construction and
testing of a test injection (replenishment) well, refinement of the
groundwater modeling based on new data collected, and water use
permitting.
1.1.7 Technical Report
Prepare a report that includes a detailed description of the methodology
used, and results of our hydrogeologic and modeling evaluation and a
summary of the discussions with the regulatory agencies regarding
regulatory issues and permitting. The DISTRICT will be allowed to review
the draft submittal of this report. Two hard copies and electronic copies of
the report will be sent to the DISTRICT.
1.1.8 Engineering Review of Hydrogeologic Modeling
Review the data sources and assumptions (e.g. boundary conditions, time
steps for transient models) used for construction of the groundwater flow,
transport and geochemical models and assist with determining the
simulations that need to be run from a water use permitting perspective as
well as from the operational perspective. Review flow and transport model
calibration methods and targets, and review the sensitivity analyses of
each model. Assist in development of the conceptual models and
simulations, and the approach to developing the WUP application and the
UIC permit application.
1.2 Engineering Feasibility Study
1.2.1 Develop Public Information Approach
Develop a public information program for this early phase of the project.
Successfully implementing indirect potable reuse requires a clear
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understanding of how it will initially be perceived, how to describe its
value, and how to conduct an effective outreach program.
a. Collaborative Workshop with CITY Staff - This process will focus on
building important community relationships and helping policy makers
feel safe to support potable reuse. Specific recommendations will be
identified for leading a productive dialogue with the community and
region. This workshop process will provide a strong foundation for
future outreach efforts.
b. Develop an Investment Executive Summary - The context for the
perceived risks of indirect potable reuse is the compelling value and
benefits that the PROJECT will provide the CITY. Create an
investment executive summary (3-5 pages) that conveys the
compelling value and logic behind the CITY'S groundwater
replenishment proposal. The messages in this executive summary
can be used to create a single-page fact sheet and a PowerPoint
presentation.
1.2.2 Characterize Reclaimed Water (RCW)
Summarize up to five (5) years of existing data. Additional reclaimed
water sampling will be performed as-needed.
1.2.3 Characterize Groundwater Quality in Replenishment Area
Summarize existing data from the CITY, DISTRICT and the United States
Geological Survey (USGS) and identify any need for future data collection.
1.2.4 Evaluate the Blending of Purified GWRP Water with Existing Groundwater
Summarize the projected water quality of the purified GWRP water and
the existing water quality of the groundwater in the proposed
replenishment area. This data will be used in geochemical modeling.
Identify and recommend treatment modifications if required based on the
geochemical modeling results.
1.2.5 Develop Preliminary Water Quality Monitoring Program
A preliminary program to monitor the quality of the water produced by the
GWRP purification plant and the quality of the groundwater in the
replenishment area will be developed, including the proposed locations
and depths of monitoring wells. Locations and depths of monitoring wells
will be determined by the groundwater flow model developed as part of the
feasibility study. Issues such as groundwater monitoring well locations
and sampling intervals will be discussed with the FDEP during the pre-
application meeting. The groundwater flow patterns (direction and rate)
under steady-state and transient conditions (long-term average pumpage
and short term high rates of pumpage) will be reviewed and utilized during
development of the preliminary groundwater water quality monitoring
program. The preliminary monitoring program will be utilized in initial
discussions with FDEP, but a more detailed program will be developed as
part of the UIC permitting process under a later authorization.
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1.2.6 Meet with Regulatory Agencies
Meetings with the FDEP and the DISTRICT'S permitting staff will be
conducted to discuss permitting requirements for the GWRP. Issues such
as permitting jurisdiction and the schedule for permit reviews will be
discussed.
1.2.7 Review Proposed TMDLs for the CITY'S Surface Water Discharge for
RCW
The proposed TMDLs for the CITY'S surface water discharge will be
reviewed and preliminary planning level costs will be provided for
additional treatment at the NEWRF that may be necessary to meet the
TMDL requirements if the City continues to discharge reclaimed water to
Tampa Bay.
1.2.8 Develop Pilot GWRP Purification Plant Preliminary Design
Based on discussions with FDEP and the DISTRICT on the regulatory
requirements for the proposed GWRP purification process, prepare
preliminary design documentation for a pilot program. The pilot program
is expected to include the following primary system components:
microfiltration (MF), Reverse osmosis (RO), and advanced oxidation using
ultraviolet (UV) and hydrogen peroxide H2O2. The preliminary design will
include identification of an area for the public to view the pilot program
equipment as well as an illustration of the pilot program process.
1.2.9 Update Preliminary Plans
The preliminary plans developed during the Preliminary Feasibility Study
dated August 11, 2009 will be updated and revisions to the preliminary
site, mechanical and yard piping plans for the proposed GWRP facility,
including the proposed well system at the CITY'S NEWRF, will be
included.
1.2.10 Update Equipment List
The preliminary equipment list developed during the Preliminary Feasibility
Study dated August 11, 2009 will be updated and revisions to the
equipment list outlining mechanical, process, electrical and
instrumentation for the proposed GWRP facility will be included. This
equipment list will be used to update the preliminary opinion of
construction cost.
1.2.11 Update Preliminary Opinion of Construction Cost
The preliminary opinion of construction cost developed during the
Preliminary Feasibility Study dated August 11, 2009 will be updated. The
preliminary opinion of construction cost will be based on recent applicable
construction bid pricing.
1.2.12 Update Preliminary Opinion of Operating Costs
The preliminary opinion of operating costs developed during the
Preliminary Feasibility Study dated August 11, 2009 will be updated. The
following will be considered:
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a. Energy
b. Labor
c. Maintenance and Repair
d. Chemicals
e. Water Quality Testing and Reporting
1.2.13 Prepare Feasibility Report
Summarize findings, preliminary plans and preliminary opinions of cost in
a new Feasibility Report. The DISTRICT will be allowed to review the
draft submittal of this report. Two (2) hardcopies and electronic copies will
be provided to the DISTRICT upon completion.
The anticipated future phases of the project are expected to include the following: Phase 2:
Hydrogeologic Services; Phase 3: Engineering Design and Permitting; Phase 4: Public
Information and Education; Phase 5: Construction; and Phase 6: Engineering Construction
Services, and will be covered in a separate contract.
Data Collection
Additional data that needs to be collected will be identified as part of the scope of work for
this Groundwater Replenishment Feasibility Study. The CITY understands that all water
quality, biological, and other specified data collected under this Agreement must be submitted
to the DISTRICT within six (6) months of collection. Data must be submitted in a
standardized electronic format (available from the DISTRICT) in accordance with Rule 62-
40.540, F.A.C. and must include the required data elements set forth in Rules 62-160.240
and 62-160-340 F.A.C.
Monitoring or collection of environmental data includes all field and laboratory data collected
at groundwater or surface water stations. Groundwater includes, but is not limited to, the
monitoring or collection of water quality or biological data from private wells, public supply
wells, monitoring wells, springs, agricultural wells, or permit compliance wells. Surface water
includes, but is not limited to, the monitoring or collection of water quality, biological, or
sediment data from lakes, streams, rivers, estuarine or offshore marine sites, canals,
retention ponds or storm water ponds.
Laboratories generating environmental data for submission to the DISTRICT must hold
certification from the Department of Health - Environmental Laboratory Certification Program
as required under Rule 62-160.300 F.A.C. All field sampling organizations collecting
environmental data must follow the applicable field collection, quality control, and record-
keeping requirements described in FDEP-SOP-001/01 (February 1, 2004), Rule 62-160.800
F.A.C., unless specifically exempted by the DISTRICT.
The CITY must obtain a Universal ID (UID) from the DISTRICT'S Project Manager for all sites
before collecting data from the sites, so that samples and readings can be correctly tagged
and identified.
The CITY will permit the DISTRICT, the FDEP, or any consultant operating on behalf of the
DISTRICT or FDEP, to conduct periodic audits of field and laboratory procedures or records
to determine if approved protocols are being followed in accordance with Rule 62-160.650
F.A.C.
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Reports
The CITY will collect the necessary data to complete and submit the following reports to the
DISTRICT.
1. Status Reports will be submitted bi-monthly, beginning 60 days from NTP, until the final
report is provided to the DISTRICT as required below.
2. A Technical Report that will include a detailed description of the methodology used,
results of the hydrogeologic and modeling evaluation, and a summary of the discussions
with the regulatory agencies regarding regulatory issues and permitting.
3. The Feasibility Report which will summarize findings, and update the preliminary plans
and preliminary opinions of cost.
Project Schedule and Budge
t
ACTIVITY SCHEDULE CITY DISTRICT
Feasibility Study to commence Within 30 days of
contract execution
Status Reports Bi-monthly from NTP
Technical Report December 31, 2010
Feasibility Study to be completed June 30, 2011
Feasibility Report to be submitted October 31, 2011 $225,000 $225,000
The remainder of this page intentionally left blank.
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