SECOND AMENDMENT FOR CLEARWATER GROUNDWATER REPLENISHMENT PROJECT - PHASE 3 - N665 (2)AGREEMENT NO: 15C00000115
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CLEARWATER GROUNDWATER REPLENISHMENT PROJECT -PHASE 3 (N665)
This SECOND AMENDMENT effective as of the 21st day of May, 2019 upon execution by
both parties, 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, hereinafter referred to as the "DISTRICT," and the CITY OF
CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South
Osceola Avenue, Clearwater, Florida 33756, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an agreement effective January 27,
2015, as amended September 27, 2016 (Agreement No. 15C00000115), hereinafter referred
to as the "Existing Agreement" for design to 30%, third party review, full design, permitting and
construction of a 3 million gallons per day (mgd) water purification plant and associated aquifer
recharge injection wellfield at Clearwater's Northeast Water Reclamation Facility; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to decrease PROJECT
funding, and replace the Project Plan due to scope changes.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
herein, the parties hereby mutually agree to amend the Existing Agreement as follows:
1. The Funding Paragraph is hereby amended to decrease PROJECT funding by Twenty -
Nine Million, Seven Hundred Twenty -Six Thousand, One Hundred Eighty -One Dollars
($29,726,181), by replacing the first paragraph in its entirety with the following:
3. FUNDING.
The parties anticipate that the total cost of the PROJECT, will be Two Million Nine
Hundred Eighty -Nine Thousand Eight Hundred Nineteen Dollars ($2,989,819). The
DISTRICT agrees to fund PROJECT costs as appropriated by the DISTRICT in
accordance with Subparagraph 1 of this Funding Paragraph and anticipates funding
PROJECT costs up to One Million Four Hundred Ninety Four Thousand Nine
Hundred Nine Dollars ($1,494,909) and shall have no obligation to pay any costs
beyond this anticipated maximum amount. The CITY agrees to provide all remaining
funds necessary for the satisfactory completion of the PROJECT.
Page 1 of 3
2. The Scrutinized Companies Paragraph is hereby replaced in its entirety with the
following:
22. SCRUTINIZED COMPANIES.
Pursuant to Section 287.135, F.S., a company that, at the time of submitting a bid or
proposal for a new contract or renewal of an existing contract, is on the Scrutinized
Companies that Boycott Israel List, or is engaged in a boycott of Israel, is ineligible
to, and may not bid on, submit a proposal for, or enter into or renew a contract with
an agency or local governmental entity for goods or services in any amount. If the
goods or services are in the amount of $1 million dollars or more, the company must
also not be on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
be engaged in business operations in Cuba or Syria.
By signing this Agreement, the CITY certifies that it is not on any of the lists or
engaged in any of the prohibited activities identified above, as applicable based upon
the amount of this Agreement. The CITY agrees to notify the DISTRICT if it is placed
on any of the applicable lists or engages in any of the prohibited activities during the
term of this Agreement. The CITY may immediately terminate this Agreement at its
option if the CITY is found to have submitted a false certification, is placed on any of
the applicable lists or engages in any prohibited activities.
3. Exhibit "A," Project Plan, is hereby replaced in its entirety with Exhibit "A" (Revised
06/19/2019), Project Plan, attached hereto.
4. The terms, covenants and conditions set forth in the Existing 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.
The remainder of this page intentionally left blank.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this SECOND AMENDMENT on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
Amanda Rice, P.E.
Assistant Executive Director
CITY OF CLEARWATER
By:
Name:
Title:
ate
Date
Authorized Signatory
***SEE ATTACHED SIGNATURE PAGE FOR CITY OF
CLEARWATER SIGNATURES***
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CLEARWAWTER GROUNDWATER REPLINSHMENT PROJECT -PHASE 3 (N665)
Page 3 of 3
DISTRICT APPROVAL
LEGAL
RISK MGMT
CONTRACTS
BUREAU CHIEF
DIRECTOR
GOVERNING BOARD
INITIALS
Pig Al
DATE
s/to1,9
AD 7/4119
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this SECOND AMENDMENT on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
Amanda Rice, P.E. Date
Assistant Executive Director
CITY OF CLEARWATER
—Cleorwt Crt\tl
By:
George N. Cretekos, Mayer
By: b1/40iitw£ . T
William B. Horne II, City Manager
Appjo ed as o form:
Asst. Attorney
Owen Kohler
/1/Y419
Date
iJ-Zt-19
Date
Attest:
City Clerk
Rosemarie Call
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CLEARWAWTER GROUNDWATER REPLINSHMENT PROJECT -PHASE 3 (N665)
Page 3 of 3
DISTRICT APPROVAL INITIALS DATE
LEGAL
RISK MGMT
CONTRACTS
BUREAU CHIEF
DIRECTOR
GOVERNING BOARD
AGREEMENT No.15C00000115
EXHIBIT "A"
CITY'S PROJECT PLAN (Revised 06/19/2019)
Proiect Description
The CITY has a reclaimed water utilization program. Their goal is to fully utilize available reclaimed
water through residential reuse and aquifer recharge applications. This PROJECT is for the design and
permitting of a Water Purification Plant including Ultra -Filtration, Reverse Osmosis and Advanced
Oxidation Treatment Systems, Water Degasification System with membrane contactors, Injection
Water Polishing System, a Class I concentrate injection well and the associated recharge wells (up to
four) and monitor well systems of the Aquifer Recharge Wellfield. The project, if constructed, will
recharge an average of 2.4 million gallons per day (3 million gallon per day capacity) of purified water
to a brackish water interval of the Upper Floridan aquifer at the CITY's Northeast Water Reclamation
Facility and surrounding property. The PROJECT includes public outreach activities to educate the
community on the safety, benefits and financial viability of the PROJECT. An independent Technical
Advisory Committee will be convened to provide technical oversight on the safety of the purified water
product and groundwater injection process.
Project Objectives
• Design and permit a reclaimed water purification facility, a Class I concentrate injection well,
purified water degasification facility, injection water polishing system and associated injection
well and monitor well systems of the aquifer recharge wellfield at Clearwater's Northeast Water
Reclamation Facility.
• Conduct public outreach activities to educate the community on the safety, benefits and financial
viability of the PROJECT
• If constructed, recharge an average of 2.4 million gallons per day (3 million gallon per day
capacity) of purified water into a brackish water interval of the Upper Floridan aquifer. The goal
of the PROJECT would allow for the CITY to increase their reclaimed water utilization, reduce
surface discharges to Tampa Bay, reducing nutrient loading, improving water levels in the Upper
Floridan aquifer, and potentially providing the CITY with additional water supplies from their
existing wellfields.
Project Tasks
Task 1 - 30 Percent Design
The CITY shall design the PROJECT including secondary containment, permanent pumps, piping,
automated controls and other appurtenances, electrical service, motor control center buildings and
instrumentation and controls for automated valves up to Preliminary Design (30% level of completion),
which will include sufficient information for the third -party review, such as:
1. Introduction and background
2. Project Site Details - This section includes site boundaries, existing treatment
facilities, buildings, parking lots, surface water, wetlands and existing wells (recharge
well and monitor wells).
3. Site specific hydrogeologic survey - This section includes identification of sinkholes,
hydrologic characterization of aquifers and confining zones, groundwater elevations
and seasonal variations, and direction of groundwater movement (static and during
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purified water injection) as characterized during the hydrogeologic investigations
previously performed. In addition, this section will include identification of water wells
and flood prone areas in the project vicinity.
4. Basis of design - This section will outline and describe the parameters that are used
for design of the required water treatment systems, pipelines and groundwater
recharge wellfield.
5. Description of facilities - This section will provide an overall description of the
facilities.
6. Mechanical Process - This section will describe the mechanical equipment such as
piping and valves including materials of construction, power and other utility
requirements, redundancy and corrosion protection.
7. Instrumentation and controls - This section will present control philosophy,
description of equipment such as PLCs, telemetry equipment, field instruments, and
communication between local panels and City's SCADA systems. Control narrative
describing how the overall process and individual equipment will be operated and
controlled.
8. Civil - This section will provide design parameters and descriptions for roads,
drainage, earthwork requirements and code requirements.
9. Utility Management - This section will include a recommended course of action for
the management of utilities.
Measurable benefits calculation and methodology will be provided along with a construction cost
estimate and performance schedule. The CITY will hold a design review meeting of the 30%
design phase and will provide a formal evaluation. Minutes of any meetings will be prepared and
circulated to attendees.
The CITY shall also provide the DISTRICT with an Engineering Report that will present the basis
of design, description of the facilities, description of codes used by each discipline, material of
construction, utilities required and geotechnical information.
The 30% design shall be conducted in two parts.
Task 1.1 Water Treatment Plant and Infrastructure
The CITY shall prepare proposed PROJECT 30% design plans and technical
specifications for the construction of a Water Purification Plant including Ultra- Filtration,
Reverse Osmosis and Advanced Oxidation treatment systems, a Water Degasification
System with membrane contactors, the Injection Water Polishing System, and
infrastructure including secondary containment, permanent pumps, piping, automated
controls and other appurtenances, electrical service, motor control center buildings and
instrumentation and controls for automated valves.
Task 1.2 Injection Wells and Infrastructure
The CITY shall prepare proposed PROJECT 30% design plans and technical
specification for wellhead construction, including up to four (4) Class V aquifer
recharge injection wells, required monitor wells, transmission pipelines, infrastructure
and controls for the recharge wells, the Class I concentrate injection well, and other
appurtenances as well as electrical service.
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Task 2 - Third Party Review
A third -party review of the PROJECT 30% design, construction cost estimates and schedule (Task
1) shall be implemented by the CITY. The CITY will select and contract with an independent
consultant that is not a member of the PROJECT design team.
The CITY, through its consultant, will perform a detailed evaluation of the PROJECT design, cost
estimates, schedule, and analysis of measurable benefit methodology. The CITY will ensure its
design team fully cooperates in making all pertinent and appropriate PROJECT documents
available, in a timely manner, to its third -party review consultant. The CITY will prepare and submit
to the DISTRICT a detailed report on the PROJECT design, addressing the expected project cost
for construction and/or operations and maintenance or present a clearly stated rationale for
rejecting the findings.
Task 3 - Final Design and Permitting
This phase will expand the 30 percent design into a more detailed design for construction.
Task 3.1 60% Design and Engineer's Opinion of Cost
Design Plans and Calculations will be completed by the CITY and submitted to the
DISTRICT at the 60% level of completion. The CITY will complete an estimated
construction schedule and an engineer's estimate of the probable construction
costs. Updated Measurable Benefit calculations and methodology, as well as draft
construction technical specifications will be provided by the CITY to the DISTRICT.
Task 3.2 90% Design and Engineer's Opinion of Cost
The 90% design stage shall comprise a level of design progress which would be
sufficient to apply for and obtain all project construction permits. The level of project
design definition would be sufficient to permit the initiation of all major construction
activities including the purchase of all materials and equipment required to maintain a
project construction schedule.
Task 3.3 Permitting
The CITY will be the applicant and shall acquire all permits necessary to implement
the PROJECT. All applicable permitting fees will be the responsibility of the CITY.
At the 60% design point, the CITY will prepare draft packages for all required
permits.
Pre -application meetings will be held for all necessary permits, and the CITY will
invite DISTRICT staff to attend these meetings, as well as provide the DISTRICT
with copies of meeting materials and minutes.
The CITY will submit all final permit application packages to the receiving agency.
The CITY will respond to all Requests for Additional Information in a timely manner
with each regulatory agency.
The CITY will provide copies of all permit application packages, Requests for
Additional Information, and responses to the DISTRICT.
Task 3.4 Final Design and Cost Estimate
The final design and implementation stage shall comprise a level of design progress
Page 3 of 6
which incorporates all project permits and permit conditions related to the completion
of all major construction activities, including the purchase of all materials and
equipment required for project construction and startup. Project engineering shall be
advanced to a level of (100%) completion to serve as the sufficient basis for project
bidding and subsequent construction.
Task 4. Public Outreach and Education
The CITY shall perform public outreach and communication activities through November 30, 2018 to
promote the project in accordance with the strategies and tactics identified in the CITY's report
titled Groundwater Replenishment Proiect, Public Outreach Summary Report, February 2014.
Additionally, under the title of Public Outreach, the CITY shall be responsible for establishing a
Technical Advisory Committee (TAC) to provide oversight on the objectives to produce a safe
purified water product and effective groundwater recharge injection process. The Public Outreach
components shall include activities described below.
Task 4.1 Technical Advisory Committee
The CITY shall assemble and convene a TAC to meet and review the PROJECT plan
technical specifications at 30% and 90% design completion. The TAC will also provide
general oversight during PROJECT construction and operation. The TACwill consist
of individuals with technical expertise in designing and permitting ofreclaimed water
purification systems to potable standards, Florida groundwaterinjection systems into
USDW aquifers, and Public Outreach design andadministration as well as at least one
citizen representative. The TAC will have the primary objectives of reviewing the third -
party review report and recommendations (see Task 2) as well as the 90% design
completion, during construction and 2 years into testing operation to determine the
design is technically sound, meeting the necessary requirements for the protection
of public health and welfare. The TAC will also determine if the planned Public
Outreach and communications for the project will be successful, resulting in public
acceptance of the PROJECT. The TAC will provide objective technical oversight
during the PROJECT design to help guide the CITY towards successful
communication of the Clearwater Groundwater Replenishment Project. The CITY
shall be responsible for all requirements and obligations set forth in this Task 4.1,
including those requirements and obligations to be performed by the TAC.
Task 4.2 Public Surveys
The CITY will conduct public perception surveys of its citizens to measure the
effectiveness of education and outreach efforts that have occurred (pre/post
surveys) for the contract period.
Task 4.3 Website (January 27, 2015 through November 30, 2018)
The CITY shall measure effectiveness of the established website - tracking the
number of unique webpage views monthly to measure the number of stakeholders
using the site.
Task 4.4 Outreach and Education (January 27, 2015 through November 30, 2018)
The CITY will prepare an annual update to the February 2014 Groundwater
Replenishment Project, Public Outreach Summary Report including results from the
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above listed activities to be provided in February each year during the contractperiod.
The CITY will provide a draft and final report to the DISTRICT.
The CITY will provide all PROJECT -related printed/video/internet materials to the
DISTRICT'S Contract Manager for review at least two weeks prior to printing or
public viewing/access. In addition, the DISTRICT logo and acknowledgement of
funding from the DISTRICT will be visible on all printed materials, signage, exhibits,
web pages, at presentations, special events and workshops conducted in relation to
the PROJECT.
The CITY shall conduct quarterly Public Outreach status meetings and provide
quarterly reports including updated work task schedule and timeline. The quarterly
reports should contain a written review of outreach accomplishments, number of
participants reached, number of site visits and page views to the project website,
survey results, material samples, photos -and any other relevant information related to
the PROJECT. These reports shall start the first quarter following the Agreement
execution date. The reports are due the last day of each quarter, December 31;
March 31; June 30, and September 30, via email to the DISTRICT'S Contract
Manager. The final report shall include a summation of all interim reports, final
project overall outreach/impact numbers, program evaluation and evaluation results
with recommendations for improvement.
The CITY will incorporate a Public Education element into the Water Purification
Facility to promote the findings of the PROJECT along with other industry best
practice messaging for Water Resources and Conservation.
The CITY will require involvement from their Engineering and Hydrogeologic
Consultants to coordinate as the Project Team lead with the Public Outreach
consultant.
Measurable Benefits
Completion of the Final Design and permitting of the water purification plant and public outreach
and education in accordance with the requirements of this agreement. If constructed, the
PROJECT will beneficially recharge 2.4 million gallons per day of purified reclaimed water into the
Upper Floridan aquifer on an annual average basis.
Deliverables (from January 27, 2018 through November 30, 2018)
• Quarterly design status reports.
• Minutes of kick-off, pre -application and progress meetings.
• 30% design plans, technical specifications and cost estimate.
• 30% design, 3rd party review report.
• Design Plans, to include Measurable Benefit calculations and methodology, at 30%, 60%, and
90% design.
• Engineer's opinion of probable cost at 30%, 60%, 90%, proposed final design and final
construction drawings.
• Technical Specifications at 60%, 90%, and final design.
• Copy of all required federal, state, and local environmental permit application packages and final
permits.
• One (1) set, electronic and hardcopy, of any final reports including reports submitted to FDEP.
• Copies of all final Public Outreach project -related printed/video/internet materials.
• Draft Annual Public Outreach Reports (Updated Version).
Page 5 of 6
• Final Annual Public Outreach Reports.
• Minority/Woman Owned and Small Business Utilization Report Form.
• All water resource data will be provided in electronic format by the CITY. DISTRICT will provide
specified format.
Proiect Schedule
DESCRIPTION
Commence
Complete
30 Percent Design
January 27, 2015
July 1, 2016
Third Party Review
March 1, 2016
July 25, 2016
Final Design and Permitting
May 1, 2016
February 28, 2018
Public Outreach
February 1, 2016
November 30, 2018
Project Budget
DESCRIPTION
DISTRICT
CITY
TOTAL
30 Percent Design
$386,561
$386,561
$773,122
Third Party Review
$31,892
$31,892
$63,784
Final Design and Permitting
$964,895
$964,895
$1,929,790
Public Outreach
$111,561
$111,562
$223,123
TOTAL
$1,494,909
$1,494,910
$2,989,819
Note: As provided for in the Agreement, the DISTRICT will not reimburse for the Final Design an
Permitting or the Public Outreach tasks unless and until the PROJECT goes to construction.
Key Personnel
CITY Project Manager — Jeremy Brown, P.E. Phone — (727) 562-4815
DISTRICT Contract Manager — Robert O. Peterson, P.G. Phone — (352) 796-7211, Ext. 4253
Page 6 of 6
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND
CITY OF CLEARWATER FOR
CLEARWATER GROUNDWATER REPLENISHMENT PROJECT -PHASE 3 (N665)
Countersigned: CITY OF CLEARWATER, FLORIDA
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George N. Cretekos
Mayor
Assistant City Attorney
By: t(d,C�-�t�-u�.�A4-44.....}--
William B. Home II
City Manager
Attest:
Rosemarie Call
City Clerk