2012-36 LAKE COUNTY WATER AUTHORITY
STORMWATER GRANT PROGRAM
AGREEMENT TO FUND CLERMONT'S
LAKESHORE DRIVE AND 12 STREET STORMWATER TREATMENT
THE AGREEMENT is entered into between the LAKE COUNTY WATER AUTHORITY,
whose address is 107 N. Lake Avenue, Tavares, FL 32778 -3119 (hereinafter referred to as the
"Authority ") and CLERMONT, whose address is P. O. Box 120219, Clermont, Florida, 34712,
(hereinafter referred to as "Grantee" or "Recipient "), a local government, to provide financial
assistance for the Highland Avenue Drainage Project.
WITNESSETH:
WHEREAS, the Authority, is authorized and governed by Chapter 2005 -314, Laws of
Florida, for the purposes, among others, of controlling and conserving the fresh water resources
of Lake County and preserving, protecting, and improving the fish and aquatic wildlife of the
county, and protecting the freshwater resources by assisting local governments in the treatment
of stormwater runoff, and
WHEREAS, the reduction and ultimate elimination of untreated stormwater into our
public waterways will ultimately benefit the ecology of our waterways and the residents and
tourists that use them, and
WHEREAS, it is desirable for the Authority to assist the local governments of Lake
County in a coordinated effort through the provision of grant funds to reduce the influx of
untreated stormwater into the publicly owned waterways of Lake County, and
WHEREAS, the project consists of designing and permitting a stormwater treatment
system for a 8.8 -acre basin that currently drains to Lake Minnehaha, hereinafter referred to as the
"PROJECT "; and
WHEREAS, the Authority considers the PROJECT worthwhile and desires to assist
Grantee in funding the PROJECT, and
NOW, THEREFORE, the Authority and Grantee, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
In consideration of the mutual benefits to be derived here from, the Authority and the
Grantee do hereby agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions
set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee ", "Recipient" and "Contractor ", are used interchangeably.
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2. This Agreement shall begin upon execution by both parties and end no later than eighteen
(18) months, inclusive. The Grantee shall not be eligible for reimbursement for work
performed or land purchased prior to the execution date of this Agreement. This
Agreement may be amended to provide for additional services if additional funding is
made available by the Authority.
3. A. As consideration for the services rendered by the Grantee under the terms of this
Agreement, the Authority shall pay the Grantee on a cost reimbursement basis in
an amount not to exceed $12,500 (Twelve Thousand Five Hundred Dollars), or
50% (Fifty Percent), for a portion of the water quality enhancement PROJECT in
Attachment A, Grant Work Plan. This grant is to be utilized specifically for the
design and permitting portion of the submittal. The cost of construction will need
to be submitted for consideration next year. The parties hereto agree that the
Grantee is responsible for providing a minimum match of $12,500 (Twelve
Thousand Five Hundred Dollars), or 50% (Fifty Percent) toward the funded water
quality enhancement portion of the project described in Attachment A.
Regardless of the amount of the grant, expenditures by grantee determined at the
sole discretion of the Authority to be unrelated to the enhancement of water
quality in the receiving waterbody will not be funded or reimbursed. If the
Grantee finds, after receipt of competitive bids, that the work described in
Attachment A cannot be accomplished for the current estimated project cost, the
parties hereto agree to modify the Grant Work Plan described in Attachment A to
provide for the work that can be accomplished for the funding identified above.
(1) Payments are further conditioned on the following:
i. That Grantee pays its pro -rata share of the PROJECT as outlined in this
Agreement;
ii. That Grantee provides the Authority the necessary invoices and other
documentation sufficient to evidence that Grantee has incurred the actual
expense;
iii. That Grantee provides Authority written notification from a person duly
authorized by Grantee to confirm that Grantee has incurred the actual
expense;
iv. That Grantee provides sufficient evidence to show the reimbursable
expenses are directly related to the water quality enhancement portion of
the project.
(2) If Grantee does not expend its pro -rata share of the cost for the work
performed as set forth in this Agreement, the Authority will make payment
only in an amount proportionate to that which Grantee has made and provides
documentation to the Authority in accordance with this agreement.
a. The Authority reimbursements to Grantee on timely submitted invoices
shall be made to Grantee within thirty (30) days of receipt of an invoice,
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with the appropriate support documentation, which shall be submitted to
the Authority at the following address:
LAKE COUNTY WATER AUTHORITY
107 North Lake Avenue
Tavares, Florida 32778
b. Grantee shall not use any Authority funds for any purposes not
specifically identified in the above Scope of Work.
c. The Authority shall have no obligation to reimburse Grantee for any costs
under this Agreement until construction of the PROJECT has been
completed.
d. The Authority's performance and payment pursuant to this Agreement is
contingent upon the Authority's Board of Trustees appropriating funds for
the PROJECT.
B. Upon completion of the PROJECT, the Grantee shall submit a written payment
request including a final project report containing before and after photographs
and as-built plans to the Authority's Grant Manager. The Grant Manager shall
have thirty (30) calendar days to review -the request. The Grantee shall be
reimbursed on a cost reimbursement basis for all eligible water quality
enhancement project costs. In addition to the payment request, the Grantee must
provide from its accounting system, a listing of expenditures made under this
Agreement. The listing shall include, at a minimum, a description of the goods or
services purchased, date of the transaction, voucher number, amount paid, and
vendor name.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the
Authority may request proof of a transaction such as invoices, payroll register,
etc. When requested, this information must be provided within 30 calendar days
of such request.
4. The Authority's performance and obligation to pay under this Agreement is contingent
upon an annual budget allocation by the Board of Trustees. The parties hereto
understand that this Agreement is not a commitment of future budget allocations.
5. The Grantee shall submit written quarterly progress reports describing the work
performed, problems encountered, problem resolution, schedule updates and proposed
work for the next reporting period. Quarterly reports shall be submitted to the
Authority's Grant Manager no later than twenty (20) days following the completion of
the quarterly reporting period. It is hereby understood and agreed by the parties that the
term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September
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30, and December 31. The Authority's Grant Manager shall have ten (10) calendar days
to review deliverables submitted by the Grantee.
6. The Grantee shall recognize the Authority by erecting a sign at the site indicating the
Authority's funding for the project. The Authority's Grant Manager shall review and
approve the sign prior to placement.
7. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful
acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
8. The Authority may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
Authority shall provide thirty (30) calendar days written notice of its intent to terminate
and shall provide the Grantee an opportunity to consult with the Authority regarding the
reason(s) for termination.
9. This Agreement may be unilaterally canceled by the Authority for refusal by the Grantee
to allow public access to all documents, papers, letters, or other material made or
received by the Grantee in conjunction with this Agreement, unless the records are
exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
10. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. The Authority, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of
this Agreement and for five years following Agreement completion. In the event any
work is subcontracted, the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
11. A. The Grantee may subcontract work under this Agreement without the prior
written consent of the Authority's Grant Manager. The Grantee agrees to be
responsible for the fulfillment of all work elements included in any subcontract
and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Authority shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
B. The Authority supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the
citizens of the State of Florida.
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12. Nothing in this Agreement shall create, or be implied to create, any relationship between
the Authority and any subcontractor of Grantee.
13. Nothing in this Agreement shall be construed to benefit any person or entity not a party to
this Agreement.
14. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Authority under this Agreement. The Grantee acknowledges
that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The Grantee further agrees to include this
provision in all subcontracts issued as a result of this Agreement.
15. The Authority's Grant Manager for this Agreement is identified below.
Ron Hart
Water Resources Program Manager
Lake County Water Authority
107 North Lake Avenue
Tavares, FL 32778 -3119
Telephone No.: (352) 343 -3777 ext. 24
Fax No.: (352) 343 -4259
E -mail Address: ronh@lcwa.org
16. The Grantee's Grant Manager for this Agreement is identified below.
Ms. Tamara Richardson, P.E.
Director of Engineering
City of Clermont
P. 0. Box 120219, Clermont, Florida 34712
Telephone No.: (352) 241 -7335
Fax No.: (352) 394 -2379
E -Mail Address: trichardsongclermontfl.org
17. To the extent required by law, the Grantee will be self - insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation insurance for all of
its employees connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Grantee. Such self - insurance program or
insurance coverage shall comply fully with the Florida Workers' Compensation law. In
case any class of employees engaged in hazardous work under this Agreement is not
protected under Workers' Compensation statutes, the Grantee shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the Authority, for the
protection of its employees not otherwise protected.
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18. The Grantee, as an independent contractor and not an agent, representative, or employee
of the Authority, agrees to carry adequate liability and other appropriate forms of
insurance. The Authority shall have no liability except as specifically provided in this
Agreement.
19. The Grantee covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
20. The purchase of non - expendable personal property or equipment costing $1,000 or more
is not authorized under the terms of this Agreement.
21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in performance of this
Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and intends
to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of
Supplier Diversity, at 850/487 -0915.
22. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement, less otherwise provided herein.
23. The Grantee agrees that the project is not to be used to offset additional stormwater
treatment requirements that may be imposed upon the Grantee as a result of future
redevelopment located within the treatment basin.
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IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement on the day and year set forth next to their signatures below.
LAKE COUNTY WATER AUTHORITY
1Q19/L C B kpr ZOnz
Witness LCWA, Exe4 e ire for Date
Federal lD #: 59- 6018003
CLERMONT
1 B -
Y -
rates/ 1 i °� e, i e Date
Federal ID#: 59- 6000290
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (includes number of pages)
Attachment A Grant Work Plan (9 Pages)
Page 7 of 7
Attachment A
Grant Work Plan
r
LAKE COUNTY
WATER AUTHORITY
107 North Lake Avenue - Tavares, FL 32778
(352) 343 -3777 - Fax (352) 343 -4259
Stormwater Treatment Grant - Aonlication Form
The Lake County Water Authority (LCWA) initiated a grant program for stormwater retrofitting projects
beginning in fiscal year 1996. The grant program targeted municipality/community projects within Lake
County that were aimed at enhancing water quality within our waterbodies. The Stormwater Treatment
Grant will be administered through the Lake County Water Authority and evaluated by a Technical
Evaluation Team (TET), with final award of available grant funds by the LCWA Board of Trustees.
For fiscal year 2011 -2012, $500,000 has been made available to fund this grant program. At the complete
discretion of the LCWA Board of Trustees, these funds may be directed to one or more applicants. The
LCWA encourages applicants to submit joint community projects where applicable. Priority will be
given to capital improvement projects that are ready for construction or implementation, especially where
funds can be fully expended or encumbered by the end of fiscal year 2013 (September 30, 2013). The
applicant may include land acquisition cost if the purchase must be made specifically to implement the
project. Costs for stormwater studies and engineering design associated with construction and/or
alternative technologies that can be demonstrated to provide pollutant removal may be included. These
projects may receive a lower prioritization than projects that are ready for construction. All applicants
must provide an estimate of pollutant loading in the application. Projects submitted without an estimate
of pollutant loading may be excluded from further consideration.
The Stormwater Treatment Grant Program is intended to fund the removal of pollutants that are currently
discharging into our lakes and wetlands. The program is not intended to fund the treatment of any new or
re- developed areas to meet local, state, or federal stormwater permitting requirements. The program is
further not intended to fund flooding problems or system repairs with little or no amount of pollution
removal. The applicant will be responsible for all maintenance and operation cost associated with each
project.
The Lake County Water Authority shall receive applications no later than 4:00 p.m. January 12,
2012 to be considered. The TET will act upon the individual applications in the form of a
recommendation by January 31, 2012. TET's formal recommendations will then be sent along with the
accompanying applications to the LCWA Board of Trustees for their review. The Lake County Water
Authority Board of Trustees will discuss the Technical Evaluation Team's recommendation and make
their formal award of the grant(s) during their regularly scheduled meeting on February 22, 2012. Actual
payment will be in the form of a reimbursement to the municipality/community of the proposed project in
accordance with approved plans as submitted. Payment will not be provided for work initiated prior
to contract execution.
Please provide five copies of each submittal with at least one electronic copy in word format. There is no
limit to the number of projects that can be submitted. Additional copies may be requested for distribution
to the LCWA Board
Applicant Information
Municipality or Community Name City of Contact Tamara Richardson, PE
[jermnnt
Phone Number (352) 241 -7335 Title Director of Engineering
Project Name Lakeshore Drive and 12 Street E - mail trichardson@clermontfl.org
Stnrmwater Imnrnvements
Mailing Address P.O. Box 120219, Clermont, FL 34712
Location Maps
Please provide the following required information
❑ Location of proposed stormwater treatment (attach legible aerial photographs, maps or other
materials to adequately depict the watershed, receiving water, and area of the proposed
treatment including names of affected water bodies and street names where appropriate).
1. 12 Street and Lakeshore Drive Stormwater Improvement Location Map
2. 12 Street and Lakeshore Drive Stormwater Improvement Sub Basin 3 Area Map
Please provide input on the following criteria that will be evaluated:
❑ Overall Project: Description of proposed stormwater treatment project. Discuss the
technical merits of the project. Provide the associated cost estimate for the project including
a separate cost estimate for any additional work if the stormwater element is part of a larger
project, the schedule, and the estimated operation/maintenance plan for the proposed project.
(14 points max)
The proposed Lakeshore Drive and 12 Street stonnwater improvement project site is located
On the northwest shore of Lake Minnehaha with the City of Clermont's city limits.
According to the "lake Minnehaha Stormwater Improvement Study" prepared by a Joint
Participation Agreement between the City of Clermont and the Lake County Water
Authority, the site is identified as Sub -Basin 3.
Lake Minnehaha received direct, untreated stormwater discharge from the 12 Street Sub -
Basin 2. The project will provide stormwater quality treatment that will improve total
Phosphorus removal prior to discharging to Lake Minnehaha. Lake Minnehaha is a
contributing basin to the Palatlakaha River which is an impaired water body with an
Established TMDL.
Proposed Cost Estimate:
Surveying, soil reports, design plans and specifications including calculations and water
management district application /permit: $25,000
Bid documents and probable construction cost: $400,000
Total Estimated Project Cost: $425,000
Proposed Schedule:
Grant Award: February 2012
Plans and Permit Complete: September 2012
Construction Schedule and Duration: Begin January 2013, end June 2013
❑Status of Proiect: Which phases of the project have been completed? Provide realistic
completion dates for the remaining phases. (5 points max)
Conceptual Completed December 2004
Study Completed December 2004
Design July 2012
Permits August 2012
Bid Packages Prepared September 2012
❑ Public Benefit: Identify the receiving waterbody. Explain the type of existing public access
to the receiving waterbody (Public Ramps, Public Docks, Adjacent Public Parks, etc.).
Discuss the expected public benefit by implementing the project. (19 points max)
Lake Minnehaha is part of the Clermont Chain of Lakes which is made up of 11 natural lakes. It
has been designated a Florida Outstanding Waterway is one of the most beautiful chains of
lakes in Florida. The chain is frequented year round by visitors to Lake County. Public uses
of the chain include boating, jet skiing, water skiing, wakeboarding, fishing, canoeing,
kayaking and swimming.
Public access to Lake Minnehaha includes the City of Clermont's Waterfront Park, Lake Louisa
State Park, the boat ramp into the Palatlakaha River on County Road 233, the former Lake
Susan Lodge on Lake Shore Drive and the boat ramp into Lake Louisa on Hull road. There
are also dozens of private docks and ramps around the shorelines.
Because the public benefits of preserving the water quality of the lakes are innumerable, Lake
County, the Lake County Water Authority and the City of Clermont have committed to
retrofitting stormwater systems that directly discharge to the chain without benefit of prior
treatment. The 12 Street basin is one of the projects that will reduce pollutant loadings and
maintain or improve water quality in Lake Minnehaha and thereby the Clermont Chain of
Lakes.
The resulting public benefits from implementing the project include improving a precious asset
to Lake County, maintaining healthy wildlife and plant habitats, providing outdoor recreation
for residents and visitors alike and preserving the Clermont Chain of Lakes for future
generations to enjoy.
❑ Pollutant Removal: Identify the size of the area (in acres) proposed for treatment, the
percent of the watershed that is impervious, the types of pollutants targeted for removal, and
the type and percent efficiency of the treatment method selected. Estimate the pounds of the
target pollutants that will be removed per year and identify the method used to calculate these
totals. Include the acreage and volume of any retention ponds as well as any soil information
that may be available. (29 points max)
The 12 Street Sub Basin 3 is 8.8 acres and has a percent of impervious area of 30 percent
comprised largely of developed single - family residential home sites: The types of pollutant
loading targeting the existing stormwater discharge on Lake Minnehaha include total
phosphorus and suspended solids. The project site allows for implementation of specific
BMPs that will provide nutrient uptake and suspended solids settling. Infiltration systems are
expected to reduce predicted loading by 80 percent.
According to the "Drainage Evaluation and Basin Prioritization for the Upper Palatlakaha Chain
of Lakes" produced by Lake County Public Works, the total suspended solids loading is 18.8
lbs/year and total phosphorus is 0.3 lbs/year for the 12 Street stormwater basin. A complete
geotechnical report for the proposed stormwater management project will be performed prior
to final design.
❑
Type of Project: What type of project is proposed by the applicant? (15 points max)
(Circle appropriate answer)
Stormwater Construction Only 15 points
Engineering Design and Constraactiongl 9 points
Engineering Design, Construction, and Land 6 points
Acquisition
Stormwater Study 3 points
Other Pollutant Removal Items 0 points
❑ Cost Sharing: What level of cost sharing is requested ( stormwater element only)?
(18 points max)
(Enter appropriate percentage in correct category)
% 0 to 25% LCWA reimbursement of project cost 18 points
50 % 26 to 50% LCWA reimbursement of project cost 12 points
% 51 to 75% LCWA reimbursement of project cost 6 points
% 76 to 100% LCWA reimbursement of project cost 0 points
® List additional funding partners and amount of proposed funding (stormwater element only)
Agency Amount Percentage
Total 100
The following table represents a compilation of the six categories with their respective possible
points that the Technical Review Team will utilize to evaluate and score the application. Each
Team member will score each application individually and rank them from high to low. The
Team will combine each Team member's ranking into an overall ranking. This final ranking will
represent the basis for their final recommendation to the Board of Trustees of the Lake County
Water Authority. It will be the responsibility of the Board of Trustees to determine those
projects that warrant grant funds and the amount of funds to be awarded. Please keep in mind
that the Technical Review Team cannot make assumptions regarding your application, so be as
complete as possible with the package of materials that you provide.
Category Possible Points Notes /Comments
Points Awarded
Overall Project 14
Status of Project 5
Public Benefit 19
Pollutant Removal 29
Type of Project 15
Cost Sharing 18
Totals 100
Reviewer Comments (attach an additional sheet if necessary):
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