Loading...
Contract 2021-050A2021-050A LAKE COUNTY WATER AUTHORITY STORMWATER GRANT PROGRAM AGREEMENT TO FUND CLERMONT BASIN 12A DISCHARGE TO LAKE WINONA THIS AGREEMENT is made and entered into by and between the LAKE COUNTY WATER AUTHORITY, whose address is 27351 SR 19, Tavares, FL 32778- 3119 (hereinafter referred to as the "Authority") and THE CITY OF CLERMONT, whose address is 685 West Montrose Street, Clermont, Florida 34711 (hereinafter referred to as "Grantee" or "Recipient'), a body of local government within Lake County, Florida, to provide financial assistance to complete design work of a stormwater treatment system. 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, 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 Grantee's project consists of completing design plans for a stormwater treatment system consisting of baffle boxes pre -treating water entering Lake Winona, hereinafter referred to as the "PROJECT"; and WHEREAS, the Authority considers Grantee's PROJECT worthwhile and desires to assist Grantee in the funding of the PROJECT. 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 and/or construct its PROJECT, 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. 2. This Agreement shall begin upon the date it has been executed by both parties, and terminate no later than twenty-four (24) months thereafter. The Grantee shall not be eligible for reimbursement for any work performed or land purchased prior to the date this Agreement has been executed by both parties. This Agreement may be amended to provide for additional services if additional funding is made available by the Authority. 3. A. For the improvement of water quality in the receiving Lake County waterbody by the Grantee under the terms of this Agreement, the Authority shall provide grant monies to the Grantee, on a cost reimbursement basis, in an amount not to exceed $30,000 (Thirty thousand Dollars), or 37.5% (Thirty seven and one-half Percent) of the PROJECT costs, whichever is less, for a portion of the Grantee's water quality enhancement PROJECT, outlined in Attachment A, Grant Work Plan. The parties agree that the Grantee is responsible for providing at least a minimum match of $50,000 (Fifty thousand Dollars), of the grant funded water quality enhancement portion of the PROJECT described in Attachment A. Regardless of the amount of this grant, expenditures by Grantee which are determined, in 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 by the Authority. 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 shall further be conditioned upon the following: i. That funding from the Authority shall only be applied toward the portion of the project that treats the existing impervious areas and not future development, nor shall the Authority fund the redistribution of flows from existing retention areas that are proposed to be eliminated or reduced; ii. That Grantee shall pay its pro-rata share of the PROJECT as outlined in this Agreement; iii. That Grantee shall provide the Authority the necessary invoices and other documentation sufficient to evidence that Grantee has incurred the actual expense; iv. That Grantee shall provide the Authority written verification, provided by a person duly authorized by Grantee to so verify, that Grantee has incurred the actual expense; v. That Grantee shall provide sufficient evidence to demonstrate that 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 a lesser amount which is proportionate to that which Grantee has expended and for which it has provided the appropriate support documentation to the Authority in accordance with this Agreement. a. The Authority shall make reimbursements to Grantee within thirty (30) days of timely submitted invoices by Grantee, complete with the appropriate support documentation and any additional information requested by the Authority, which shall be submitted to the Authority at the following address: LAKE COUNTY WATER AUTHORITY 27351 SR 19 Tavares, Florida 32778 b. Grantee shall not use any Authority funds for purposes not specifically identified in the Grant Work Plan. 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 within which to review the request. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible water quality enhancement project costs, not to exceed the maximum grant amount. 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 and/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 transactions, such as invoices and payroll registers. If requested by the Authority, Grantee shall provide this additional information 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. The Grantee shall submit written quarterly progress reports describing the PROJECT 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 understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 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 assistance for the project. The Authority's Grant Manager shall review and approve the sign prior to placement. 7. The Grantee agrees that it shall be solely responsible for the construction, operation, maintenance and/or failure of operation and/or maintenance of its PROJECT and/or stormwater system, and for its acts of omission and/or commission and for the negligent and/or wrongful acts of itself, its employees and agents. However, nothing contained herein shall constitute a waiver by Grantee of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 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 this Agreement, and shall provide the Grantee an opportunity to consult with the Authority regarding the reason(s) for termination, and to remedy the deficiencies, if possible. 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 Article I, Section 24(a), Florida Constitution and Chapter 119, 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. 1 I . 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. It is encouraged that the award of subcontracts reflects the full diversity of the citizens of the State of Florida. 12. Nothing in this Agreement shall create, or be implied to create, any relationship between the Authority and any subcontractor of Grantee, nor any ownership, liability or responsibility of the Authority with respect to the stormwater system 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 its construction, performance and/or operation of the PROJECT. 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. Jason Danaher Water Resources Director Lake County Water Authori 27351 SR 19 Tavares, FL 32778-3119 Telephone No.: 352 ) 324-6141 ext. 38 Fax No.: [352) 324-6364 E-mail Address: idanaherliMcwa_nr,, 16. The Grantee's Grant Manager for this Agreement is identified below. James Maiworm Assistant Director of Public Services Ci of Clermont 3335 Hancock Road Clermont FL 34711 Tele hone No.: 352) 241-0178 E-Mail Address: 'maiworm xlermontfl.o 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(s) to provide Workers' Compensation Insurance for all of the subcontractors' employees, unless such employees are covered by the protection afforded by the Grantee. All such self-insurance programs or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees are engaged in hazardous work under this Agreement, and are not protected under Workers' Compensation statutes, the Grantee shall provide, and shall cause each subcontractor to provide, adequate insurance, consistent with Grantee's primary insurance coverage, for the protection of all such employees not otherwise protected. 18. The parties specifically agree that Grantee is an independent contractor, and is not an agent, representative, or employee of the Authority. Grantee agrees to carry adequate liability insurance coverage and other appropriate forms of insurance coverage, consistent with Grantee's primary insurance coverage. The Authority shall have no liability except as to the payment of grant monies as provided above. 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 an authorized reimbursable expense 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 posting 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. 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. Witness LAKE COUNTY WATER AUTHORITY By: ' _ 8 �a� LC xecutive ector Date / rsQN Federal ID#: 59-6018003 CITY OF CLERMONT By: ` W 071471a � City of Clermont, yor 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) Attachment A LAKE COUNTY WATER AUTHORITY 27351 State Road 19 - Tavares, FL 32778 (352) 324-6141 Stormwater Treatment Grant - Application 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 2020-2021, $754,738 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 2022 (September 30, 2022). 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. December 11, 2020 to be considered. The TET will act upon the individual applications in the form of a recommendation by January 15, 2021. 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 24, 2021. 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 an electronic submittal (CD or flash drive) of the grant application. There is no limit to the number of projects that can be submitted. Applicant Information Municipality or Community Name City of Clermont Phone Number 352-271-1178 Project Name Basin 12A Water Quality Pro Mailing Address 3335 Hancock Road Clermont FL 34711 Federal 1D Number 59-6000290 JAsms�istant ontact _ mes Maiworm rector of Public Services ' E-mail jmaiwormQdermontti.org 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). Please provide input on the following criteria that will be evaluated: ❑ Overall Proiect: Description of proposed stormwater treatment project. Discuss the technical merits of the project. Provide the associated cost estimate for portion related to water quality treatment. Include an estimate for any additional work if the stormwater element is part of a larger project, the schedule with a completion date, and the estimated operation/maintenance plan for the proposed project. (14 points mag) e c;ity of uermont is proposing to design a stormwater improvement project for le basin 12A. The purpose of this project will be to provide water aualit improvements to the to discharging into Lake Lake Winona is one of 11 natural lakes within the Clermont chain of lakes. The runoff from the basin Clermont chain is designated as an Outstanding Florida Water which is a State designation that is intended to protect existing water quality. The project will reduce pollutant loading to the lake with the intent of helping improve the quality of water in the entire chain. design shall include plans for construction of a combination stormwater treatment train that will include baffle boxes and an underground retention facility connected to a new outfall discharging into Lake Winona. Existing surface drainage inlets currently collect most of the drainage from the basin. An attempt will be made to collect and treat all stormwater runoff from the basin prior to discharge into Lake Winona ❑ Status of Project: Which phases of the project have been completed? Provide realistic completion dates for the remaining phases. Requested contract time from the date of award to the completion of the project. (5 points max) Conceptual Completed Study Completed (Updated Minnehaha drainage basin study) Design as a part of this grant Permits Will be submitted asa part of design Bid Packages Prepared As a part of design _ Time from Award to Project Completion Design will be completed 30 weeks from notice to proceed. ❑ 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 Winona is connected to Lake Minneola by a channel that is large enough for mid -sized water craft to navigate. This channel provides recreational opportunities for Adjacent residents and visitors. Public shore line is available on the ea stem shore which Jallows for fishing and water sports. J the expected public benefit is to continue the City of Clermont's commitment to improve ;he water quality of stormwater runoff to maintain the current outstanding water quality n our lakes. ❑ 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) basin 12A is 18.9 acres in size and of that area approximately 9.2 acres are impervious. As the City is partially located in a BMAP implementation area, this project will focus on removing total phosphorous (TP) and total nitrogen (TN) from stormwater runoff in basin 12A. Basin 12A is estimated to have a total phosphorus loading of 5.81 Kg/Yr and a total nitrogen loading of 42.79 Kg/Yr. This project is anticipated to reduce pollutant loading to .93 Kg/Yr for total phosphorous and 8.45Kg/Yr for total nitrogen. Pollutant loading for the basin was determined using the "Methodology for conversion of Stormwater Concentration to Pollutant Loading Rate". The data source is "Evaluation of Water Quality Stormwater Regulations for the Lake Apopka basin" final report December 2002. The total pre -project pollutant loading for the basin based this methodology is 6.02 kg TP/yr and 44.34 kg TN/yr. The pollutant load reductions were determined based on "Lakes Hamey and Monroe Basin Management Action Plan (BMAP) Efficiencies, April 2011 with TO% and TN % reductions provided by a nutrient baffle box (2nd generation) estimated at 15.5% and 19.05%, respectively. ❑ ,Tv a of Proiect: What type of project is proposed by the applicant? (15 points max) ( Circle ar)nronriate answer Stormwater Construction Only Engineering Design and Construction Engineering Design, Construction, and Land Acquisition Stormwater Study Other Pollutant Removal Items 15 points 9 points 6 points 3 points 0 points ❑ Cost Sharing.: What level of cost sharing is requested (stormwater element only)? (15 points max) e in correct cate % 0 to 25% LCWA reimbursement of project cost 15 points ✓ % 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 3 points] ❑ List additional funding partners and amount of proposed funding (stormwater element only) 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 Points Awarded Overall Project 14 Status of Project 5 Public Benefit l9 Pollutant Removal 29 Type of Project 15 Cost Sharing 18 Totals 100 Notes/Comments STORMWATER FACILITIES - BASIN12A _ C Oq�eacr.ioor NC LE ST r w r ST PROPOSED BAFFLE BOX LOCATIONS s r a Our mission: To preserve and enhance the quality of life for the Clermont community by providing exceptional services. N wE BASIN12A - CHAIN LINK FLOW DIRECTION {((' {{ Ai E WGNIARpAVE I w b { �L1R4ER St n. w 2t sEJIINaLe91' R ; _. c .- W MXGHpLIAST LAKE WINONA �' A NA -*LA TV f CR {ff � � �IrNWEhMM ►N! ." . E Y W MEMA"A AVE C gr� n w In e C n 3 x n a t Y. T ,,, � �Qy� i Y►L/J(E3N8Rtopt � G z _ MAR y1:, i E u'REShp•NF DR x 4 sr[O w yw 1 LAKE MINNEHAHA Our mission: To preserve and enhance the quality of life for the Clermont community by providing exceptional services.