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FIRST AMENDMENT FOR DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT (L810)AGREEMENT NO. 08CS0000026 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT (1-810) This FIRST AMENDMENT entered into and effective this 31st day of December 2010 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, Post Office Box 4748, Clearwater, Florida 33758, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement effective October 31, 2007 (Original Agreement) for the design, permitting and construction of reclaimed water transmission and distribution infrastructure in the Chautauqua and Coachman areas of Clearwater; and WHEREAS, the parties hereto wish to amend the Original Agreement to modify the scope of work and extend the contract period by one year in order to supply additional customers at no additional PROJECT costs. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the Parties hereby mutually agree to amend the Original Agreement, effective October 31, 2007, as follows: 1. Paragraph 3, Funding, is hereby amended to replace the first sentence of Subparagraph 3.8 in its entirety as follows: The CITY recognizes that the DISTRICT has approved $1,556,875 for the PROJECT through Fiscal Year 2010. 2. Paragraph 6, Contract Period, is hereby amended to extend the expiration date of December 31, 2011 in the Original Agreement to December 31, 2012. 3. Exhibit 'A," Paragraph 6, Completion Dates, is hereby amended to replace the first sentence in its entirety as follows: The CITY will commence construction on the PROJECT by December 31, 2009 and will complete the PROJECT by December 31, 2011. Page 1 of 2 4. Exhibit "B," Proposed Project Plan, is hereby replaced in its entirety with Exhibit "B," Project Plan attached hereto. 5. The terms, covenants and conditions set forth in the Original Agreement 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. IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By David L. Mdcke, Executive Director _V10 Date CITY OF CLEARWATER By By: 1 Bill Horne, City Manager Date Approved as to form: ? t ?7.' * - I By: ? V ( ?' 6 r-, cz, '_ U City Attorney Attest: By ?• S?ufTy?A` Cynthia -E- £oudeau, City Rosemarie Call, FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT (L810) DISTRICT APPROVAL INITIALS DATE LEGAL 9 'lo s RISK MGMT CONTRACTS ro !V DEPT DIRECTOR ?0 Ia DEPUTY EXEC DIR Z GOVERNING BOARD Page 2 of 2 Frank V. Hibbard, Mayor Date AGREEMENT NO.08CS0000026 EXHIBIT "B" PROJECT PLAN COOPERATOR: City of Clearwater, Florida PROJECT: City of Clearwater Chautauqua- Coachman Ridge (L810) PROJECT INFORMATION 1. TYPE OF PROJECT: This alternative water supply PROJECT consists of the design, permitting and construction of reclaimed water transmission mains and distribution piping to provide service in the Chautauqua/Coachman Ridge areas of the CITY. The PROJECT includes 1 commercial customer and 495 residential reclaimed irrigation customers. 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 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 Chautauqua-Coachman area is attached as Revised Figure 1. B. The PROJECT includes: • Approximately 9,500 linear feet of 12" diameter reclaimed water transmission mains • Approximately 54,500 linear feet of 4" to 8" diameter reclaimed water distribution lines. C. There are approximately 805 single-family residential customers in the PROJECT'S distribution service area of which approximately 550 have in-ground irrigation systems. Approximately 315 customers within the service area are irrigating using potable lawn meters, and another 180 are irrigating with potable domestic meters (no lawn meters), for a total of 495 potable irrigation customers. In addition to residents using potable water for irrigation, another 200 are irrigating with shallow wells. The 200 shallow well users are not included in the offset calculations. Of the 805 residential customers, approximately 495 residential irrigation customers Paae 1 of 4 (295 Chautauqua and 200 Coachman) are initially anticipated to connect to the system and will use 0.30 million gallons per day (mgd) of reclaimed water to offset 0.15 mgd of potable water. At PROJECT build-out the CITY anticipates serving more than 630 customers; however, the offsets above only include the initial 495 customers. One commercial customer, McMullen Booth Elementary School (16,000 gpd, 12,000 gpd offset), will be served as part of the PROJECT. 4. DEMONSTRATION OF NEED: • This PROJECT will optimize water management in the CITY by reducing the water withdrawn from well fields and from irrigation wells, and reduce the disposal of effluent water to Tampa Bay and Clearwater Harbor. • This PROJECT will help meet Pinellas-Anclote River Basin Board 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 National Estuary Program, District Needs and Sources Study, the Water Use Cautionary Management Plan, and area Comprehensive Planning Documents to maximize the reuse of highly treated wastewater. • This PROJECT is consistent with the update of the CITY'S Reclaimed Water Expansion Plan. • Funding for the PROJECT is included in the CITY'S Capital Improvement Plan. 5. MEASURABLE BENEFITS: This PROJECT will help support delivery of 0.31 mgd of reclaimed water to the PROJECT area. The expansion of reclaimed water service to these areas will offset an estimated 0.16 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. 20-year customer commitment agreements D. Copy of CITY ordinance/code requiring dual distribution lines in new developments Page 2 of 4 E. Copy of CITY ordinance/code which provides for the efficient use of reclaimed water F. Construction bid-packages G. Construction contract for DISTRICT approval H. Construction completeness letter from the CITY'S Public Utilities Director Reclaimed water GIS information J. Annual Reclaimed Water Utilization & Offset Reports 7. PROJECT COST: The total eligible cost of this PROJECT is estimated to be $3,954,000, of which the DISTRICT's share is expected to be 50 percent, or $1,977,000, from the Pinellas- Anclote River Basin Board. The Pinellas-Anclote River Basin Board budgeted $296,500 in FY2008, $840,250 in FY2009, $420,125 in FY2010, and the remaining $420,125 is requested in FY2011. The future funds identified for the project are contingent upon approval of such amounts by the District Governing and Basin Boards in the annual budget(s). The cost amortized at 8 percent over 30 years is $6.35 per thousand gallons offset. The total PROJECT cost is estimated to be $3,954,000 categorized as follows: TASK DISTRICT WPSPTF CITY TOTAL Design and Permitting $ 296,500 $ 0 $ 296,500 $ 593,000 Construction $ 1,680,500 $ 0 $ 1.680.500 $ 3,361,000 Totals $ 1,977,000 $ 0 $ 1,977,000 $ 3,954,000 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. If future DISTRICT funding for the PROJECT includes funds from the Water Protection and Sustainability Program Trust Fund (WPSPTF), Florida Department of Environmental Protection (FDEP), catalog of State Financial Assistance number: CSFA 37.066, the CITY agrees to adhere to all applicable policies and rules. 8. COMPLETION SCHEDULE: DISTRICT Notice to Proceed ......................................................... October 31, 2007 Initial Design Commence ...................................................... October 31, 2007 Full Design and Permitting Commence ................................................. May 30, 2008 Construction Commence ............................................................. December 31, 2009 Complete Construction ................................................................ December 31, 2011 Agreement Termination ............................................................... December 31, 2012 Pace 3 of 4 9. IMPLEMENTATION: The CITY'S Public Utilities staff will be responsible for implementing the 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 Page 4 of 4 I k Dacnman Mlage / UrIautauyua m zj -' r 1 1 t-- 1 1 1? 1 __• 1•---i---? I 1 l` 11 II 1 1 1 n 11 MI 1 1 1 1 I I Sunset Point Road 1 t 11 1 I LEI j 1 1 1 j 1 t 1 1 1 -' 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 o i li 1 ? 1 1 I 1 0 0 1 0 1 r m 1 c I N 1 1 j 1 U 1 1 1 1 1 I O 0 % 1 1 1 I I 1 1 cr'S Gu- II 1'' ? rri 1 1 1 1 1 1 1 = 1 I ? ? j-, it I I I 1 I 1 1 1 ? 1 1 1 1 1 1-__--__ 1 I 1 1 1 I 1 it ! 1 ? t 1 1 1 - --------- 1 : 1 ? ------ , ' i 1 1 1 ? -.1•._.1._'? I I i 1 1 1 I ti 1. 1 ? 1 1 1 I li Prepared by: a Revised Figure 1 N Map Gen By: MRH Reviewed By: RAM Clearwater Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 0 500 1,000 2,000 W E I 1 I 1 I - Date: July 2, 2010 U Ph:(727)562.4750,Fax: (727)526.4755 www.MyClearwater.com Feet 1 inch= 2,000 feet s Grid #: n/a S-T-R: n/a Map Document (V1GIS\_StaMMaM1in\Rob -a Redaimed ach_Ch ,W,qi -d) 1 1 1 - 1 1