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COOPERATIVE FUNDING AGREEMENT FOR GROUNDWATER REPLENISHMENT PROJECT PHASE 2 (N179) AGREEMENT NO. 1ICOOOOO102 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR GROUNDWATER REPLENISHMENT PROJECT PHASE 2 (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 34694-6899, hereinafter 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." WITN'ESSETH; 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 aquifer recharge pilot testing for the possible future design and construction of a groundwater replenishment facility that will have the capacity to recharge 3.0 million gallons per day (mgd) of highly treated reclaimed 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. in the introductory paragraph of this Agreement. Notice is effective upon receipt. Project Manager for the DISTRICT: Sandie Will, P.G. Project Manager for the CITY: Robert S. Fahey, P.E. Any changes to the above representatives or addresses must be provided to the other party in writing. Page 1 of 8 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 6, Contract Period. 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. 2.1 The parties agree that time is of the essence in the performance of each obligation under this Agreement. 2.2 The parties acknowledge that the PROJECT is a pilot testing study. The parties recognize that during the course of study, alternatives may be determined to not be feasible due to cost, water quality, permitability, supply availability, or other pertinent considerations. The CITY will cease work on alternatives determined to not be feasible. The CITY may request reallocating funds to another alternative in accordance with Paragraph 2 of this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Three Million Seventy Two Thousand Five Hundred Dollars ($3,072,500). The DISTRICT agrees to fund PROJECT costs up to One Million Five Hundred Thirty Six Thousand Two Hundred Fifty Dollars ($1,536,250) 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, CITY will promptly refund such overpaid amounts to the DISTRICT. 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 Page 2 of 8 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 invoicesaWaterMatters.oLg, 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 112.06 1, 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 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 Groundwater Replenishment Project agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. 11 C00000102), 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 3.7 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 Page 3 of 8 CITY recognizes that the DISTRICT has approved $788,125 for the PROJECT through Fiscal Year 2011. 4. COMPLETION DATES. The CITY will commence the PROJECT by October 81, 2011, will complete the PROJECT by February 28, 2014 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 Cod, 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. . FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, if the CITY fails to complete the PROJECT as it may be modified in accordance with Paragraph 2.2. 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 thlas Paragraph. 8. CONTRACT PERIOD. This Agreement will be effective upon execution by the parties and will remain in effect through February 28, 2015, 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 undertakers 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 five (8) 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, E.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 good's or 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. Page 4 of 8 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 82- 40.540, Florida Administrative Code (F.A.C.). 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 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 Page 5 of 8 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 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. Page 8 of 8 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 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 and 1 O. 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 Page 7 of 8 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 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: /ItZ6 Pb I A t Date -9,-B41�kyr--1-n+errs-Exectrt4ve--D-i-rec-toT B"�-Gt,t-i-1--If>r-!tr-Fxyreeti-t-i-v----&i-r-,�--et.&r- Mark A. Hammond, P.E. , Director CITY OF CLEARWATER Resource Management Division BY: 'Z By: Frank V. Hibbard Date Bill Horne Date Mayor-Commissioner City Manager Approved as to form: Attest, By: By:,(" J k,21, Pamela-K-Akimm Rosemarie Call A G4y-Aftowfey City Clerk Leslie K. Dougall-sides Assist, ant City Attorney V�' COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR G ROUN DWATE R REPLENISHMENT PROJECT PHASE 2(N179) DISTRICT APPROVAL INITIALS DATE LEGAL RISK MIGMT CONTRACTS DEP'T"DIRECTOR DEPUTY EXEC DIR GOVERNING BOARD Page 8 of 8 AG REEMENT NO. 11 000000102 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. REVIEW OF REPORTS & TECHNICAL DOCUMENTS. The CITY must obtain the DISTRICT'S written comments on PROJECT reports and technical documents as set forth in Exhibit `cB," Project Plan, prior to being finalized, distributed or otherwise solicited. The DISTRICT will be provided fourteen (14) business days to review and provide comments on documents before they are finalized, distributed, or otherwise solicited. As a part of the DISTRICT'S review, the DISTRICT will have the right to approve if the reports and technical documents meet the requirements of this Agreement. Said approval will not be unreasonably withheld and the failure to comment or approve within said fourteen (14) day period will conclusively be deemed accepted, and will not extend to the conclusions reached in the reports and technical documents. The DISTRICT'S review and approval of the reports and technical documents does not constitute a representation or warranty that the DISTRICT has verified the engineering, modeling, other components of the reports and technical documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rubles, regulations, or laws. The DISTRICT'S review and approval will not constitute a waiver of the CITY'S obligation to require that the CONSULTANT performs according to the standards of his or her profession. 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. Page 1 of 1 AGREEM ENT NO. 1100000010 EXHIBIT "B" PROJECT PLAN COOPERATOR: City of Clearwater, Florida PROJECT: Groundwater Replenishment Project Phase 2 - Pilot Testing (N1 "g) NARRATIVE: This PROJECT is an alternative water supply study to determine the viability of using highly treated reclaimed water to recharge the aquifer in central Pinellas County, The PROJECT consists of two concurrent tracks: 1) hydrogeologic services, including subsurface hydrologic testing and analysis, and 2) engineering services, including pilot testing of the water purification process and post-treatment options. PROJECT INFORMATION 1, TYPE OF PROJECT: This PROJECT is an alternative water supply study. 2. PROJECT OBJECTIVE: The goal of this PROJECT is to determine the viability of proceeding with a future full scale design and construction project to recharge the Upper Floridan aquifer (UFA) with three (3) million gallons per day (mgd) of highly treated water, originating from the Northeast Water Reclamation Facility, through aquifer recharge as outlined in Chapters 62-520, 62-600, and 62-610 of the Florida Administrative Code (F.A.C.). The goal of the future full scale project is to ultimately allow the City of Clearwater (CITY) to replace a portion of the water purchased from Pinellas County Utilities with additional groundwater withdrawal. 3, PROJECT DESCRIPTION: 3.1 A PROJECT location map is attached as Figure 1. 3.2 Hydrog Bolo gical services 3.2.1 Underground Injection Control (UIC) Permitting This task includes preparation of all appropriate application forms and supporting information for a Class V test well construction permit. The CITY will contract with a consultant to prepare an application for construction of a Test Injection (Recharge) Well in accordance with Chapter 62-528.630 and 635 F.A.C. The application package will include an Area of Review Report, and a well construction and testing program that addresses the requirements of Chapter 62-528.605 and 620. A professional' engineer will sign and seal all documents and drawings, as required. This task will include several meetings with the Technical Advisory Committee Page 1 of 11 JAC) that includes DISTRICT staff and Florida Department of Environmental Protection (FDEP) staff, during the permitting process as required. The well will be permitted as a test injection (recharge) well that could potentially serve as an operational recharge well if the site is found to be suitable for groundwater replenishment. The UIC well construction application package will be finalized and submitted to the FDEP with a copy to the DISTRICT. 3.2.2 Wire-Line Test Cores This task includes collection of five wire-line cores. The cores will be collected at five sites anticipated as eventual recharge well sites located in a linear fashion along the center of the PROJECT area. At each site, split spoons will be performed in the shallow unconsolidated formation. Continuous cores will be performed from about 150 feet to 300 feet. The purpose of the cores is to describe lithology, analyze mineral composition and to determine arsenic leachability, along with other metals of interest. The cores will be properly preserved and sent for core testing analyses. Scanning Electron Microscopy (SEM) will be utilized for analyzing mineral composition, X-Ray Fluorescence will be used for analyzing arsenic content, and analysis for arsenic leachability will be conducted either in the lab or in the field. We will likely use the Florida Geological Survey (FGS) and/or the University of Florida (UF) for the core analyses, depending on availability. All cores will be collected utilizing a Florida-licensed well driller. 3.2.3 Test Recharge Well Construction This task includes construction of a 12-inch diameter test well in lower Zone A or alternative well design as required by FDEP. This task also includes hydrologic testing, water-quality data analysis and pump testing. The CITY will contract with a consultant to provide full-time observation services during construction of the Test Recharge Well and all required testing activities. An experienced hydrogeologist will be on-site at all times to ensure that all construction and testing work is conducted in accordance with the technical specifications. This task is expected to take up to two months to complete. This well will be used as the pumping well for conducting aquifer testing, and as the injection well for recharge testing. 3.2.4 Monitoring Well Construction This task includes construction of one 6-inch diameter monitoring well in lower Zone A and two 6-inch diameter monitoring wells in upper Zone A, or as required by FDEP. This task also includes hydrologic testing and water-quality data analysis. The CITY will acquire a consultant to provide full-time observation services during construction of the monitoring wells and all required testing activities. An experienced hydrogeologist will be on-site at all times to ensure that all construction and testing work is conducted in accordance with the technical specifications. This task is expected to take up to three months to complete. The purpose of these wells is to monitor water levels and water-quality during aquifer testing and recharge testing, 325 Groundwater Modeling This task includes updating the existing groundwater model used in the CITY'S 2011 Groundwater Replenishment Feasibility Study, based on new data, including test well performance. Groundwater modeling will be performed to evaluate the Page 2 of 11 effect of replenishment an 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 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, which 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 will show the flow directions and travel times from the recharge wells to water supply wells in the area. 3.2.6 Geochemical Analysis for Metals Mobilization This task includes performing geochemical modeling based on new data collected during aquifer performance testing. The injection of highly treated wastewater into the limestone of the UFA may have the long-term potential of causing additional dissolution of limestone. Such dissolution could result in enlargement or formation of karst features such as caves and conduits. It is important to know whether these injected waters have the geochemical potential to dissolve limestone and mobilize metals such as arsenic. This task will include evaluating the chemical composition of the highly treated wastewater, specifically for calcium, bicarbonate, pH and total organic carbon and then determining how much additional blend water could be added to bring the water to "saturation" with the minerals in the aquifer, With representative chemical concentrations, the total amount of limestone that could be dissolved over time will be estimated, as well as potential for metals mobilization. 3.2.7 Recharge Well Testing and Analysis This task includes six months of recharge testing with an approved water at 300 gallons per minute (gpm) and assumes that potable water may be needed to conduct this test. If an alternative source of water is deemed to be acceptable through the permitting process then this task will be performed at a lesser cost. The task includes 4 monitoring wells that will be sampled weekly, or as per FIDEP requirements, and analyzed by the CITY'S Consolidated Laboratory. Hydrologic and water-quality data analysis will be performed on data collected in accordance with FDEP requirements 3.2.8 Coordination with CITY, DISTRICT and FIDEP This task includes electronic, telephonic, and written communications. This task also includes any periodic agency meetings to discuss overall PROJECT issues. Initial communications will involve the FIDEP and the DISTRICT on the UIC permitting for the test and monitoring wells. Additional communications will take place to provide updates on the various tasks throughout the PROJECT. This task will include bi-monthly update reports and quarterly progress meetings with the DISTRICT. 3.2.9 Design and Cost Estimate Preparation This task includes the preliminary design of the recharge wells system based on testing, monitoring and analysis. Included will be the location of the recharge wells and associated monitoring wells. Specifics on well construction and testing will also Page 3 of 11 be included along with a schedule. An operational plan can be developed after all the recharge wells are installed and pump tested. A cost estimate will be developed for the well construction, which is anticipated to include UIC operational permitting and Water Use Permitting. Cost estimates will include both consulting services and contractor costs. 3.2.10 Hydrologic Technical Report At the completion of the pilot and test phase, a comprehensive report will be prepared describing work performed and analysis of the testing and permitting phase of the PROJECT. This task includes preparation of a comprehensive document to describe the field testing, analysis and recommendations associated with the UI ✓ permitting, collection of cores, test and monitoring well construction, modeling, recharge testing, geochernical analysis and final design. A summary of the UIC permitting with the FDEP and other regulatory issues will also be included in the report. The report will include all data, figures, maps, drawings, plans, tables and any other attachments necessary to make the report complete and will be signed and sealed by a Professional Engineer and Professional Geologist, as required. All groundwater models will be provided to the DISTRICT. A draft report will be provided to the DISTRICT for review prior to finalizing the report. Once comments are received, the report will be finalized and provide to the DISTRICT in both hard copy and electronic format. 3.3 Engineering services 3.3.1 Pilot Purification System Design and Permitting The preliminary design of the Pilot Purification System was completed during Phase 1 of the GRP and included in the Groundwater Replenishment Feasibility Study, 2011. The pilot system includes the following primary components: membrane filtration (MF),, consisting of microfiltration or ultrafiltration; reverse osmosis (RO); advanced oxidation using ultraviolet (UV) and hydrogen peroxide (H202); dissolved oxygen removal; and purified water stabilization. The final design and permitting of the Pilot Purification System will be performed during this PROJECT (Phase 2). Pilot testing will be conducted to confirm design and operational parameters for the proposed construction project. It is a requirement of Chapter 62-610 of the F.A.C. that a one (1) year pilot test be conducted. Water quality results from the pilot system may be used in subsequent blending and concentrate management analyses and in permitting. During the one (1 ) year of testing, the pretreatment design, membrane configuration, advanced oxidation process (AOP) configuration, oxygen removal process, and purified water stabilization process will be tested and confirmed. Additionally, the CITY'S treatment plant operators will gain valuable hands-on experience with the operation of the proposed purification system. The following tasks will be completed as part of the design and permitting of the pilot plant: 3.31.1 Develop the contract documents for the procurement and installation of pilot testing equipment. Page 4 of 11 3.3.1.2 Develop the Pilot Testing Plan and Protocol for the operation of the pilot purification system. 3.3.1.3 Prepare and submit a permit application to the FDEP for the construction of the pilot purification system. 3.3.2 Pilot Purification System Construction and Startup Procure and install the Pilot Purification System. A pilot scale system will be set up at the CITY'S Northeast Water Pollution Control Facility (NEWPCF). The pilot system will simulate all of the treatment processes proposed to be included in the full' scale system including a membrane filtration system, a reverse osmosis system, an advanced oxidation system, a dissolved oxygen removal system and post treatment stabilization chemical feed systems. Arrangements will be made to lease or purchase all of the pilot scale treatment equipment and have it delivered to the site. On-site construction will be utilized to install the pilot system equipment which will include: yard piping to connect the pilot system to the existing reclaimed water piping and to convey waste streams (concentrate) to the plant drain system, a concrete slab to set all of the pilot equipment on, a tent or other cover over the pilot equipment, all interconnecting piping and valves to connect the pilot treatment and chemical feed systems together, a main electrical feed, distribution and electrical connections to all of the pilot equipment, and instrumentation and controls to monitor and control the pilot treatment system. Startup services will require the on-site presence of the installation contractor, the CITY'S consultant and representatives from the pilot equipment suppliers, for the period of time necessary to initially operate the equipment, troubleshoot and resolve operational issues, adjust chemical feed systems, and train the CITY'S operators. 3.3.3 Pilot Purification System Operation The Pilot Purification System will operate for one (1) year (approximately 8,700 hours). A monthly report of the pilot system operation will be generated including status of the equipment, periods of equipment downtime and the cause, hours of operation, description of any unusual events, samples collected and analysis results received, operational modifications, special testing performed (bench, challenge, mutagenicity, etc.) and visitors to the site. Upon completion of the one (1) year pilot test, five (5) copies each of a Draft and Final Summary Report that analyzes the 12 months of data and provides data trending will be provided to the DISTRICT and FDEP. 3.3.4 Water Quality Sampling Reclaimed water and groundwater sampling programs were outlined in the CRP Phase 1 and included in the Groundwater Replenishment Feasibility Study, 2011. A sampling program for Phase 2 of the program will delineate the source of the sample, the type of sample to be collected, the number and frequency of samples to be collected and the parameters to be measured or analyzed for in each sample. The sampling program for the pilot purification system will be included in the Pilot Testing Plan and Protocol document. The sampling program to obtain additional background groundwater quality information in the vicinity of the recharge area will be provided in a separate memorandum. Page 5 of 11 33.5 Public Information At the beginning of this phase oaf f work the CITY, in coordination with its public relations consultant and the PROJECT Consultants, will develop an overall strategy for conducting public outreach throughout this phase of the work and continuing forward. After its development, the strategy will be provided to the DISTRICT for review and comment. At a minimum the public outreach program for this, phase will include the following: 3.3.5.1 Identification of the primary stakeholders potentially affected by the PROJECT and community organizations that could be used to communicate information about the PROJECT. An initial communication of the nature and status of the PROJECT, along with a source to obtain additional information about the PROJECT would be provided to each. 3.3.5.2 Development of an informational brochure about the PROJECT. 3.3-5.3 Development of an expanded discussion of the PROJECT on the CITY'S website, including updates on the status and findings of the testing program as it progresses. 3.3-5.4 Presentations to community organizations to educate the public about the need, purpose and objectives of the PROJECT as well as the activities being conducted under the testing phase and the information to be gained. 3.3.5.5 Tours of the Pilot Purification System. A schematic of the pilot system will be prepared and set up at the NEWPCF so that the public can view the details of the treatment process. Tours of the pilot system will be conducted during regularly scheduled visits to the site, as requested and as operational requirements of the pilot system permit (this task continues throughout the duration of Phase 2). 3.3.5.6 Upon completion of the above tasks, the CITY will submit a Public Outreach Summary Report describing all public information methodologies and outcomes, as well as recommendations for the next phase of work. The CITY will also provide any printed materials, handouts or flyers designed during, these tasks, 3.3,6 Recharge Test Water Treatment System Design and Permitting A recharge treatment system with a targeted capacity of 300 gallons per minute (gpm) will treat the source water (expected to be potable water), for the six (6) month recharge test. The recharge treatment system is expected to consist of a packaged membrane contactor for dissolved oxygen removal and some supplemental chemical feed systems for pH adjustment and chlorine removal. Hydraulic testing of the test/exploratory recharge well will confirm the target recharge capacity of the well and capacity of the recharge test water treatment system. Page 6 of 1 I Design of the recharge treatment system will include: 3.3.6.1 Development of the Testing Plan and Protocol for the operation of the recharge treatment system. 3.3.6.2 Preparation and submittal of a permit application to the FDEP for the construction of the recharge test treatment plant. The scope of services includes the preparation of an engineering report to accompany the permit application. 3.3.7 Recharge Test Water Treatment System Procurement Installation and Startup Piping to convey the water for the recharge test from the source to the treatment system, the water treatment system and a pump and piping to convey the treated water to the recharge well will be required to perform the recharge test. The design, procurement, delivery, installation and startup of the piping, recharge treatment system, recharge pump and associated structural, electrical, instrumentation and controls work will be performed to provide a complete and operable system ready for conducting the 6 month recharge test. Services of a qualified engineer will be provided to assist the equipment supplier and installer, to observe the installation of the piping and equipment, to assist with startup and to train the CITY staff on the operation of the system. 3.3.8 Conduct Six Month Recharge Test The test recharge well constructed under task 3.2.3 and the recharge water treatment system constructed under task 3,37 will be used to conduct a 6 month recharge test. The system will be operated in accordance with the testing plan, protocol and FDEP permit. Water purchased or produced for the recharge test will be treated by the recharge test water treatment system at the rate of approximately 300 gpm and then pumped into the test recharge well continuously over a period of 6 months. A qualified engineer will be on-site for the first five days of operation and weekly thereafter to check system operation and record instrument readings to ensure proper operation of the treatment system. The water quality and monitoring wells will be sampled and levels recorded as described under task 3.3.4. 3.3.9 Pilot Treatment Technical Report This task includes preparation of the Pilot Treatment Technical Report that will describe the treatment processes of the pilot treatment system, including the treated water stabilization processes, recharge testing and the water quality monitoring and sampling program. The Pilot Treatment Technical Report will include all data, figures, tables, maps, drawings, plans, and any other attachments necessary to make the report complete. The Report will be provided to the FDEP and the DISTRICT for review and comment, prior to finalization of the Report. 3.3.10 Special Testing of Post Treatment Processes The City will design and perform testing of modifications to the operation of the membrane contactors to include the use of carbon dioxide as a feed gas to supplement or replace nitrogen gas to determine the effect upon pH and DIC Page 7 of 11 (dissolved inorganic carbon) of the deoxygenated water. The City will design and perform testing of various chemical feed systems including calcium hydroxide, sodium hydroxide, sodium bisulfate, ferrous sulfate and sodium hydrogen sulfide to determine their effect upon the recharge water quality in terms of pH, LSI' turbidity, DIC, ORP, DO and conductivity. And, the CITY will design and perform comparative testing of the metals mobilization potential of the most favorable combination of post treatment processes, based upon the foregoing testing, using geologic samples obtained from the rock cores. 3.3.11 Meetings and Status Reports. In coordination with task 3.3.8 a qualified engineer will assist the CITY with providing regular written communications of the status of the PROJECT to the DISTRICT and attend bimonthly update meetings and quarterly status meetings with the DISTRICT and CITY staff. 3.3.12 Pilot Testing Report Prepare a final report for the testing phase which summarizes all of the field, laboratory, and pilot data collected during the testing phase. The report will document the removal efficiency of the purification system and expected quality of the recharge water. The report will discuss the impact of the findings in the field testing phase upon the preliminary design and revise the preliminary design criteria as appropriate. The report will summarize the findings, conclusions and recommendations for the design of the post treatment processes to optimize the treatment for prevention of metals mobilization. The report will provide any findings, conclusions and recommendations relative to the feasibility of the PROJECT and proceeding forward with implementation of the full scale system based upon the information obtained during the field testing program. A draft report will be submitted to the District for review and comment prior to the final submittal. 3.4 The project is anticipated to provide the data necessary to determine the viability of a future full scale recharge project phase, 4. MEASURABLE BENEFITS: This PROJECT will provide the data necessary to ultimately design and construct a full scale 3 rngd recharge project to optimize water management in the CITY by increasing recharge, increasing water withdrawn from local well fields, reducing water withdrawn from regional well fields, and reducing the disposal of wastewater effluent to Tampa Bay. 5. DELIVERABLE& 5.1 Bi-Monthly Status Reports 5.2 UIC Well Construction Application and Permit 5.3 Pilot Purification System Application and Permit 5.4 Hydrologic and Pilot Treatment Technical Report with groundwater modeling files Page 8 of 11 5.5 Pilot Testing Report 5.6 Public Outreach Summary Report 6. PROJECT BUDGET: The total eligible cost of this PROJECT is $3,072,500, of which the DISTRICT'S share is expected to be 50 percent, or $1,536,250. The DISTRICT has funded $768,125 in FY201 1, and the remaining $768,125 will be requested in future fiscal years. There is no cost benefit calculated for this PROJECT as the benefits will be associated with the future full scale project (should it ultimately be built). Additional future costs for Phase III — Construction Services are expected to be $25,507,500 for full construction of the water purification facility, additional wells and infrastructure, and public outreach activities. PROJECT BUDGET TASK ACTIVITY TOTAL CITY SHARE DISTRICT PROJECT SHARE 3.2.1 UIC Well Construction and Pilot Purification $80,000 $40,000 $40,,000 3.31 System Applications and Permits 3210 Hydrologic Technical Report and Pilot $2,071,000 $1,035,500 $1,035,500 3.M Treatment r. Repo 3.3,5 Public Outreach Report(Draft & Final) $350,000 $175,000 $175,000 3.3.12 Pilot Testing Report(Draft& Final) $571,500 $285,750 $285,750 Totals $3,072,500 $1,536,250 $1,536,250 ---------------------- 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. 7. PROJECT SCHEDULE: TASK COMMENCE COMPLETE UIC Well Construction Application & Permit October 31, 2011 May 31, 2012 Pilot Purification System Application & Permit October 31, 2011 May 31, 2012 Well Construction June 1, 2012 September 30, 2012 Pilot Purification System Construction June 1, 2012 September 30, 2012 Hydrologic Testing October 31, 2012 April 30, 2013 Pilot Testing October 31, 2012 October 31, 2013 Draft Hydrologic & Pilot Treatment Technical Reports June 30, 2013 Hydrologic & Pilot Treatment Technical Reports August 31, 2013 Draft Public Outreach, Report December 31, 2013 Final Public Outreach Report February 28, 2014 Draft Pilot Testing Report December 31, 2013 Final Pilot Testing Report February 28, 2014 Status Reports will be submitted bi-monthly from the DISTRICT'S Notice to Proceed until acceptance of the Final Pilot Testing Report. Page 5 of 11 & IMPLEMENTATION: The CITY'S Public Utilities staff will be responsible for implementing this PROJECT. The CITY will utilize an engineering consultant to design the systems and will construct the pilot purification system using approved general contractors through normal public bid procurement. 9. KEY PERSONNEL: The CITY'S contact with DISTRICT'S Project Manager and staff will be: Primary Contact. Robert S. Fahey, Utilities Engineering Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 (727) 562-4960 SecondaU Contact Tracy Mercer Public Utilities Director City of Clearwater P.O. 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