COOPERATIVE FUNDING AGREEMENT FOR BRACKISH FACILITY AT WATER TREATMENT PLANT #2 (N176)AGREEMENT NO. 10000000097
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
BRACKISH FACILITY AT WATER TREATMENT PLANT #2 (N176)
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 the CITY OF CLEARWATER, a municipal corporation of the State
of Florida, whose address is 112 South Osceola Avenue, Third Floor, 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 the design and construction of a brackish groundwater
wellfield, reverse osmosis treatment facilities, and byproduct treatment and discharge well
that will have the capacity to produce up to 5.0 million gallons per day (mgd) of potable water
on an annual average basis, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the
CITY in funding the PROJECT.
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers 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:
John Ferguson
2379 Broad Street.
Brooksville, Florida 34604
Project Manager for the CITY:
Robert S. Fahey, P.E.
100 South Myrtle Avenue, Suite 220
Clearwater, Florida 33756
Any changes to the above representatives or addresses must be provided to the other
party in writing.
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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 7,
Contract Period.
1.2 The DISTRICT'S Project Manager is authorized to approve the use of contingency
funds and 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 authorization must be in writing, explain the reason for
the use of the contingency funds or 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 Thirty
Million Four Hundred Thirty-Three Thousand Seven Hundred Eighty Dollars
($30,433,780). The DISTRICT agrees to fund PROJECT costs up to Fifteen Million Two
Hundred Sixteen Thousand Eight Hundred Ninety Dollars ($15,216,890), subject to
Subparagraph 3.9, 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 CITY will not use any contingency funds allowed under this
Agreement unless approved by the DISTRICT in accordance with Paragraph 1.2 of
this Agreement. 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(c?WaterMatters.ora, 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 Surcharges added to third party invoices are not considered an allowable cost
under this Agreement.
3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any
design costs for the wellfield under this Agreement until a water use permit is
obtained and construction of the wellfield (Activity 4, Table 2) has commenced.
The DISTRICT will have no obligation and will not reimburse the CITY for any
design costs for the treatment plant under this Agreement until construction of the
treatment plant (Activity 6, Table 2) has commenced.
3.7 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:
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"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 Brackish Facility at Water Treatment Plant #2
agreement between the Southwest Florida Water Management District and the
City of Clearwater (Agreement No. 10000000097), 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 $_ / $_ respectively."
3.8 The DISTRICT'S performance and payment pursuant to this Agreement are
contingent upon the DISTRICT'S Governing Board appropriating funds in its
approved budget for the PROJECT in each Fiscal Year of this Agreement. The
CITY recognizes that the DISTRICT has approved $758,415 for the PROJECT
through Fiscal Year 2010.
3.9 The DISTRICT will limit funding to a finished potable water design capacity
commensurate with groundwater withdrawal quantities that are not expected to
cause adverse environmental impacts. In the event that the finished potable water
design capacity of the PROJECT is less than 5.0 mgd annual average, the
DISTRICT reserves the right to reduce its share of design and construction funding
in an amount equivalent to the percentage of capacity not attained.
4. COMPLETION DATES. The CITY will commence the PROJECT by December 31,
2009, will complete the PROJECT by December 31, 2015 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. OPERATION AND MAINTENANCE. After construction is completed, the CITY will
operate and maintain the PROJECT for a minimum of twenty (20) years, in such a
manner that the resource benefits as described in the Project Plan are achieved. In the
event the PROJECT is not operated and maintained in accordance with these
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requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will
be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each
year or a fraction thereof for early termination of 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.
The rights and remedies in this provision are in addition to any other rights and remedies
provided by law or this Agreement.
7. CONTRACT PERIOD. This Agreement will be effective December 31, 2009 and will
remain in effect through December 31, 2016, 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.
8. 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.
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.
10. LIABILITY. Each party hereto agrees to defend, 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 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
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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
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
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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 MinorityMomen 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 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 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
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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, 6, 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" MinorityMomen Owned and Small Business Utilization Report Form
The remainder of this page intentionally left blank.
Page 8 of 9
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. Moore, Executive Director
CITY OF CLEARWATER
Frank V. Hibbard, Mayor-Commissioner
Date
By: _ :]" AUAA_?
„ .. .
Bill Horne, City Manager Date
Approved as to form: Attest:
"Vt.,
City Attorn Ch ia-E- eetr, City Clerk
Rosemarie Call,
Date
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
BRACKISH FACILITY AT WATER TREATMENT PLANT #2 (N176)
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DISTRICT APPROVAL INITIALS DATE
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AGREEMENT NO. 10000000097
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage
the services of a consultant(s), hereinafter referred to as the "CONSULTANT," and a
contractor(s), hereinafter referred to as the "CONTRACTOR," 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 contracts
with the CONSULTANT and CONTRACTOR.
2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the
DISTRICT'S written approval of all construction bid documents prior to being
advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its
approval. The DISTRICT'S approval of the construction bid documents does not
constitute a representation or warranty that the DISTRICT has verified the
architectural, engineering, mechanical, electrical, or other components of the
construction documents, or that such documents are in compliance with DISTRICT
rules and regulations or any other applicable rules, regulations, or laws. The
DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure
that the design professional performs according to the standards of his or her
profession. The CITY will require the design professional to warrant that the
construction documents are adequate for bidding and construction of the PROJECT.
3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF
CITY'S SELECTION OF CONTRACTOR. 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. The CITY will provide the
DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award.
The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior
to proceeding with construction of the PROJECT and the DISTRICT will not
unreasonably withhold its approval.
4. APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written
approval of any contracts entered into with its CONSULTANTS and CONTRACTORS.
The DISTRICT will not unreasonably withhold its approval.
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AGREEMENT NO. 10000000097
EXHIBIT "B"
CITY'S PROJECT PLAN
Clearwater System Overview
The CITY serves approximately 117,000 people and is located along the west coast of
Florida within the Tampa Bay Region. The Tampa Bay Region (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. In addition, regional water supply system production could be offset
by substituting the CITY'S current wholesale demand with local coastal brackish
groundwater. 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 regional
wholesale water supplier Tampa Bay Water.
Project Overview and Purpose
The CITY proposed this project to replace a portion of its supply of water purchased from
Pinellas County Utilities. The system capacity, as currently proposed, is being designed to
provide the necessary firm capacity to meet the CITY'S projected demands.
There are several drivers for the CITY'S alternative water supply project, including desire to
have customizable water treatment ability, a drought-resistant water supply, and direct input
on future capital projects related to water supply. The CITY has completed independent
feasibility and hydrogeologic studies, which included multiple test wells in the proposed
production area, conceptual facility design, and capital cost estimate. The studies have
concluded that the proposed project is feasible.
Project History
The CITY developed a Water Supply Master Plan in 2004 and updated it in 2008 based on
the study of available water resources to achieve a sustainable, quality water supply. A key
component of this plan is the utilization of membrane treatment to convert brackish
groundwater to drinking water. The CITY concluded that growth projections are relatively
stable as the City of Clearwater is essentially built out. Historical and projected demands
within the CITY'S current service area indicate the need for a finished water capacity of up to
13.0 mgd annual average flow.
In October 2004, the consulting firm Parsons Water & Infrastructure, Inc. completed a report
entitled Water Master Plan - Capital Improvements Implementation Master Plan. The report
included a preliminary basis of design and conceptual plant layout for the purpose of
developing the opinion of probable construction cost. This cost opinion included the wellfield,
concentrate disposal, piping to existing distribution system, chemical feed systems, reverse
osmosis treatment system, post treatment, high service pumping, ground storage, general
conditions and site work, buildings, electrical and control system, and associated piping.
Page 1 of 4
In January 2006, the CITY requested and paid for updated projected costs from Parsons due
to a significant escalation of construction costs that were observed throughout the world-wide
construction market. These updated costs were included in the approved CITY budgets that
will fund the proposed treatment facilities through municipal water and sewer revenue bonds
for a total of up to $34 million to finance the cost of design, permitting, land acquisition and
construction of well sites, pipelines and the reverse osmosis water plant project.
The CITY completed Phase 1 of the Alternative Water Supply Project - RO Plant #2 in July of
2009. The study completed by Parsons Water & Infrastructure, Inc. and SDI Environmental
Services, Inc. included the construction of a total of three test production wells and monitoring
well clusters. The testing and preliminary modeling confirmed that the PROJECT is viable for
the design withdrawal volumes in southern Clearwater, generally south of State Road 60.
The CITY estimates approximately 12 wells will be completed with targeted withdrawal from
lower Production Zone A of the Upper Floridan Aquifer (to a depth from between 160 feet and
250 feet below land surface) will be needed to produce 5.0 mgd of finished water on an
annual average basis. Preliminary groundwater quality from the test wells indicates an
average wellfield quality in a range of approximately 300 - 1,000 mg/L chlorides
(approximately 600 -- 2,000 mg/L Total Dissolved Solids) can be expected. The study
concluded that a properly piloted and designed advanced treatment process will produce
finished water meeting all potable water standards.
Project tasks completed prior to this Agreement are shown in Table 1. These tasks were
wholly funded by the CITY.
Table 1
CITY'S Tasks and Costs Prior to this Agreement
Activity Schedule CITY Cost
1. Water Supply Master Planning -- Evaluation of
alternatives and preliminary cost-benefit analysis of Completed 2004 $ 342,341
selected options.
2. Test Well Design and Permitting - Design and
permitting of test production and monitoring wells with Completed 2006 $ 555,916
Aquifer Performance Testing.
3. Construction of Test Production and Monitoring
Wells - Construction of three test production wells and Completed 2009 $ 790
526
associated monitoring wells, aquifer performance testing ,
and data collection.
4. Data Analysis and Hydrogeologic Services -
Groundwater modeling and revised financial evaluation Completed 2010 $ 98,880
based upon data collection.
Total -- $1,787,663
Project Benefits
The CITY'S utility is currently not utilizing alternative water sources available to locally
produce potable water. The brackish groundwater supply could provide a drought-resistant
supply.
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Project Scope
The scope of the PROJECT includes essentially three main categories of PROJECT
execution: Preliminary Engineering, Final Engineering, and Construction. The Preliminary
Engineering phase includes the establishment of preliminary technical design. The end-
product of this phase is completion of technical design to a level necessary to secure permits
prior to construction. These include but are not limited to the following permits:
Environmental Resource Permit (Florida Department of Environmental Protection (FDEP)),
Public Water Supply Construction Permit (FDEP), UIC Underground Injection Control
(FDEP), Well Construction (DISTRICT), and Water Use Permit (DISTRICT).
The CITY will secure the reverse osmosis plant design engineering consultant through a
formal Request for Qualifications selection process in Fiscal Year (FY) 2010. The scope of
work for the design consultant will involve the treatment plant and all associated facilities less
the concentrate injection well and raw water system. Those work items will be designed and
constructed separately. The CITY is proceeding with expectations of four separate design
and construction efforts: the brackish wellfield facilities, the raw water collection system, the
treatment plant and the concentrate injection well. The concentrate injection well design will
begin in FY2010 along with the pilot test and preliminary plant design. As stated above, plant
design and wellfield design will begin in FY2011.
In addition to the major permitting efforts described above, the physical project elements will
include design and construction of the following:
• Reverse osmosis membrane water treatment facility (including buildings, water
treatment equipment, yard piping, staff offices and work areas, etc.) with a finished
potable water design capacity of 5.0 annual average;
• A new raw water production brackish wellfield, including 3 existing operational wells, 3
refurbished existing wells, 9 new wells, and 3 converted test wells (18 total) and
related pumps;
• Brackish raw water transmission system including approximately 12 miles of pipeline;
• On-site product water storage including a new 2.5 to 5 mg storage tank;
• On-site concentrate (by-product) deep well injection infrastructure including two
injection wells and one monitor well; and
• Finished water pumping and continuous flow metering.
Deliverables
• Preliminary Design and Final Design Reports
• Bid Documents
• All Contracts entered into with Consultants and Contractors
• Minority/Women Owned and Small Business Utilization Report
Project Schedule and Budget
The project schedule and costs are shown in Table 2.
Page 3 of 4
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