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2007-01 Contract #SK31412 COST SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF CLERMONT PURSUANT TO THE DISTRICT'S WATER PROTECTION & SUSTAINABILITY PROGRAM For good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: Purpose of Agreement. This cost share agreement is authorized by the St. Johns River Water Management District ("the District") from funding designated for construction of alternative water supplies pursuant to the Florida Water Protection & Sustainability Program ("the Program"), which is governed by sections 373.0831 and 373.1961 Fla. Stat. (2005). Funding received through this Agreement shall be used solely for the construction of the alternative water supply project identified in Exhibit A, Statement of Work and Exhibit B, Supplemental Information Package ("the Project"). Recipient hereby agrees that funding received from the District for the Project may not be used for any work associated with the research, design, and permitting aspects of the Project. This agreement consists of the following items: Exhibit A, Statement of Work, Exhibit B, Supplemental Information Package, Exhibit C, Cost Schedule, Attachment 1, District Supplemental Instruction, Attachment 2, Notice to Proceed, and all other attachments and exhibits. 2. Execution of Agreement. This cost share agreement shall constitute an offer until authorized, signed and returned to the District by Recipient. Failure to do within sixty (60) days of receipt shall result in a retraction of this offer by the District. Term of Agreement. This Agreement shall extend from the Effective Date through March 31, 2008 ("Completion Date"). The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same. Recipient shall not be eligible for reimbursement for any work that is commenced, or costs that are incurred, prior to the Effective Date. 4. Scope of Project. Recipient shall commence work funded hereunder ("the Work") within fifteen (IS) days after receipt of the fully executed Agreement from the District, and shall prosecute the Work diligently in accordance with Exhibit "A", "Statement of Work" (attached), and Exhibit "B", Supplemental Information Package (attached). Recipient shall not commence work in subsequent fiscal years, until the District issues a written Notice to Proceed (Attachment 2). Permits. Recipient is required to obtain any and all permits from governmental entities that are necessary for performance of the Work. Any Work not properly permitted prior to implementation or completed without proper permits shall not be considered in compliance with this Agreement, shall not constitute Work performed hereunder, and shall not be approved for payment by the District. Recipient shall be solely responsible for any fines or penalties associated therewith and the cost of removal of said unauthorized construction. 6. Legislative Requirements. The Florida Legislature requires recipients of funds granted through the Program to meet several specific conditions. The Recipient must provide the District with written assurance of its continued qualification under these requirements with submittal of its invoice in Page 1 of 13 Contract #SK31412 order to continue to receive funding hereunder. Details concerning these requirements appear in subsections 373.1961(3)(c), (e) and (j), Fla. Stat. A Recipient receiving funding through this Agreement that operates a public water supply utility shall be required to develop a rate structure for water customers in the service area of the funded utility that will: (1) promote the conservation of water; and (2) promote the use of water from alternative water supplies. Project Management. The parties shall designate Project Managers, who shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being designated as Project Manager: DISTRICT John Wester St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177 (386) 329-4457 E-mail: jwester@sjrwmd.com RECIPIENT Tamaza Richardson, Project Manager City of Clermont P. O. Box 120219 Clermont, Florida 34712-0219 (352) 241-7335 E-mail: trichazdson@clermontfl.org 8. Change in Project Manager. Either party to this Agreement may change its Project Manager by providing not less than three (3) working days prior written notice of the change to the other Pazh'• 9. Notices. All notices to each party shall be in writing and shall be either hand-delivered or sent via U.S. certified mail to the respective party's Project Manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five business days. Except as otherwise provided herein, notices may be sent via a-mail or fax, which shall be deemed delivered on the date transmitted and received. 10. Quarterly Progress Reports. Recipient shall provide to the District regular project update/status reports by September 1 ~`; December 1 S`; March 15L and June 1 S` of each year. Reports will provide detail on progress of the Project and outline any potential issues affecting project completion or the overall schedule. Status reports may be submitted in any form agreed to by District's Project Manager and the Recipient, and may include emails, memos, and letters. 11. Annual Update. In accordance with section 373.0361 (7) (b), Fla. Stat., the Recipient shall provide an annual update to the District detailing the progress of the project. 12. Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to Project performance. 13. Liability and Insurance. Each party to the agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire Page 2 of 13 Contract #SK31412 and maintain throughout the term of this agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. 14. Diversity. The District is committed to the opportunity for diversity in the performance of all procurements, and encourages its prime vendors (contractors and suppliers) to make good faith efforts to ensure that women and minority-owned business enterprises (W/NIBE) are given the opportunity for maximum participation as the second- and lower-tier participants. To this end, as requested, the District will assist the Recipient by sharing information on W/MBEs to encourage their participation. 15. Amount of Funding. For satisfactory performance of the "Work", the District agrees to pay the Recipient a sum in the amount not to exceed $680,000 or up to twenty percent (20%) of the total construction costs, whichever is less. The Recipient shall provide at least sixty percent (60%) of the construction costs, unless a different amount is authorized pursuant to section 373.1961(3)(e), Fla. Stat. The Recipient shall notify the District's Project Manager in writing upon receipt of additional State funding for the completion of the Project. Multi-Year Funding Allocation. The following represents the anticipated amount of funding the District may authorize for each fiscal year. This information is provided for planning purposes only, and does not represent a commitment on the part of the District. The District reserves the right to revise these amounts annually, prior to the beginning of each Fiscal Year. Fiscal Year 2007: $520,000 Fiscal Year 2008: $160,000 16. Funding Contingency: Funding for each applicable fiscal year of this Agreement is at all times contingent upon funding, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend beyond the current Fiscal Year are subject to annual appropriation of funds, in the sole discretion and judgment of the District's Governing Board, for each succeeding year. Should the Work provided for hereunder not be approved, in whole or in part, for funding by an external funding source, or the Governing Board in succeeding years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience in accordance with Paragraph 22, TERMINATION OF AGREEMENT, five (5) days after receipt of such notice, or within such additional time as the District may allow. 17. Fiscal Year. For the purpose of this Agreement, Fiscal Year is defined as the period beginning October 1 and ending September 30. 18. Payment of Funds. All invoices shall reference the contract number shown on the first page of this Agreement, and shall be submitted either by mail to the St. Johns River Water Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177 or by email to acctpay@sjrwmd.com. Contractor shall transmit invoices using only one of the above two methods, but not both. Recipient shall submit itemized quarterly invoices for reimbursement based upon the actual Work performed and shall bill as per Exhibit C, Cost Schedule. The District will reimburse the Recipient up to twenty percent (20%) of actual construction costs, but in no event shall the amount exceed $680,000. The invoice shall include receipts from contractors and/or suppliers for the specified construction expenditures and proof of payment (check number or copy of cancelled check), and verification of the Project complying with local and state building requirements, including verification of any required permits. The Page 3 of 13 Contract #SK31412 District may request supporting information to document invoices as needed. All documentation required for verification of invoices shall be received and approved by the District prior to release of payment. Invoices that do not correspond to the Cost Schedule or other requirements of this paragraph will be returned to Recipient without action within twenty (20) business days of receipt and shall state the basis for rejection of the invoice. Payments shall be made within forty-five (45) days of receipt of an invoice that conforms to this paragraph. The provisions in this paragraph relating to payment of funds shall supersede any other provisions or attachments contained in this Agreement. 19. Final Payment. The final invoice to the District must be received not later than ninety (90) days after the Completion Date. 20. Price Escalation. No price adjustments will be approved during the term of this Agreement. This includes, but is not limited to, adjustments due to cost of living increases and/or unforeseen site conditions. 21. Repayment of Funds. Funds shall be subject to repayment by Recipient after expiration of this Agreement if, upon apost-project audit examination, the District finds that: (1) Recipient has spent funds for purposes other than those provided for herein, (2) Recipient has received duplicate funds from the District for the same purpose, and/or (3) Recipient has received more than one hundred percent (100%) contributions for the project through cumulative public agency cost-sharing funding. 22. Termination of Agreement. If the Recipient materially fails to fulfill its obligations under this . Agreement, including the specific milestones established in the Agreement, the District shall provide written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate the Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. In the event an Agreement is terminated, the District shall ensure all unspent funds are made available for use in the Program. 23. Failure to Complete Project. In the event Recipient fails to complete the Project, Recipient shall refund to the District all funds that have been provided to Recipient pursuant to this Agreement; provided, however, that the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible, in which event the District may excuse Recipient from the obligation to return the funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the Completion Page 4 of 13 Contract #SK31412 Date or the scope of the Project. Failure to complete the Project within 180 days of the then-current Completion Date shall constitute failure to complete the Project for the purposes of this provision. 24. Interest of Recipient. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 25. Independent Contractor. Recipient is an independent contractor. Neither Recipient nor Recipient's employees are employees of the District. Recipient shall have the right to control and direct the means and methods by which the Work is accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents, and employees. 26. Non-lobbying. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 27. Release of Information. Records of Recipient that are made or received in the course of performance of the Work may be public records that are subject to the requirements of chapter 119, Fla. Stat. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. 5tat., as amended. 28. Audit: Access to Records. Contractor agrees that the District or its duly authorized representatives shall, until the expiration of five (5) years after expenditure of funds hereunder, have access to examine any of Contractor's books, documents, papers, and other records involving transactions related to this Agreement. Contractor shall preserve all such records for a period of not less than five (5) years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. Contractor shall refund any such reduction of payments. All required records shall be maintained until an audit has been completed and all questions arising from it are resolved. Contractor will provide proper facilities for access to and inspection of all required records. In addition, state and/or federal funds have been utilized by the District, in whole or in part, to fund this Agreement. As a result, the District may be subject to state audit under the Florida Single Audit Act, section 215.97, Florida Statutes, or federal audit, regarding the expenditure of these funds. Contractor shall fully cooperate with any state or federal audit in the same manner as a District audit, as provided above. 29. Florida Single Audit Act. The Florida Single Audit Act (FSAA), section 215.97, Florida Statutes, applies to all sub-recipients of state financial assistance, as defined in section 215.97(1)(q), Florida Statutes, that is awarded by the District through a project or program that is funded, in whole or in part, through state financial assistance to the District. This Agreement involves the disbursement of state funding in the amount of $340,000. If any state funding is involved, the Recipient is potentially subject to the FSAA. In such event, if Recipient receives more than $500,000 of state financial assistance during the course of its fiscal year, which includes assistance derived from District and non-District programs, Recipient is subject to compliance with the FSAA. In such event, not later than 20 days after preparation, Recipient shall provide the District with a copy of the audit it prepares in compliance with the FSAA, as it pertains to the Work performed under this Agreement. This information shall be directed to: St. Johns River Water Management District, Mr. Greg Rockwell, Director, Division of Financial Page 5 of 13 Contract #SK31412 Management, 4049 Reid Street, Palatka, FL 32117. Recipient has the sole and complete duty of ensuring compliance with the FSAA 30. Royalties and Patents. Recipient shall pay all royalties and patent and license fees necessary for performance of the Work and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss on account thereof. 31. Governing Law. This Agreement shall be construed according to the laws of the State of Florida. 32. Venne. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County, Florida. 33. Attorney's Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. 34. Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to this Agreement, Recipient hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial.. 35. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, have contributed substantially and materially to the preparation hereof. 36. Entire Agreement. This Agreement, upon execution by Recipient and the District, constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. Recipient agrees that no representations have been made by the District to induce Recipient to enter into this Agreement other than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties. 37. Separate Counterparts. This Agreement may be executed in separate counterparts, which shall not affect its validity. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this contract to be executed this ~$,_ day of -~f},t>GL~~ G , 2006, in its name by its Executive Director, and the Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. Page 6 of 13 Contract #SK31412 IN WITNESS WHEREOF, the St~.,,Jo~hns River W ter Management District has caused this contract to be executed this 1'~,~A" day of , 2007, in its name by its Executive Director, and the Recipient s caused t Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER CITY OF CLERMONT MANAGEMENT DISTRICT c,_ ., Kirby B. reen III, xecutive Director ~I~rrl .S. ~r~i; I ~ Typed Name and itle ~ Date:..., i ~y ~o0 7 APPROVED BY THE OFFICE OF GENERAL C SEL ~. Stanley J. Niego, S'r. Assistant General Counsel Date: ~~,u~ ~ ~ a , z~ o~ Attest: ~~ a ~y C~~t o y , C o~k-~.l L' .j ~ tom. yped Name and Title 7 Contract #SK31412 EXHIBIT A STATEMENT OF WORK WATER PROTECTION AND SUSTAINABILITY PROGRAM L INTRODUCTIONBACKGROUND The Florida Water Protection and Sustainability Program (WPSP) was created through passage of Senate bills 360 and 444 during the 2005 legislative session and were subsequently signed into law by Governor Jeb Bush. The purpose of this program is to provide cost-share funding for construction of alternative water supply projects. The St. Johns River Water Management District (District) will implement the program within its region as described below. To be considered eligible for this cost-share funding program, projects must first be identified in the District Water Supply Plan (DWSP). After projects are incorporated into the DWSP, they are further evaluated as to their suitability for this funding program. The identification of water supply development projects in the DWSP does not guarantee funding assistance through this funding program. For the purpose of this program, cost sharing is identified as reimbursement by the District for construction costs of alternative water supply development projects. Projects were evaluated in accordance with legislation requiring consideration of 12 specific factors, along with four additional factors added by the Governing Board and supplemental information provided by the sponsors. The results of the evaluations and proposed funding levels for FY 07 were presented at a public meeting held at the District on July 12, 2006. On August 8, 2006, the District's Governing Board gave final approval of the projects and funding levels for FY 07. The Clermont Reclaimed and Stormwater System Expansion Project was approved. The City of Clermont (City) is the lead agency on this project. IL OBJECTIVE: To maximize the use of reclaimed water, meet significant reuse demands, increase recharge and reduce groundwater withdrawals. III. SCOPE OF WORK: This project involves construction of a master lift station and 5.5 miles of 12" and 16" diameter force mains, which will allow for the transfer of wastewater from the City's Westside Wastewater Treatment Plant to the East Side Water Reclamation Facility. IV. TASK IDENTIFICATION: The City shall be responsible for the following: • Obtaining project final design, construction plans and specifications • Providing a copy of City's executed construction contract documents to the District's Project Manager • Providing copies of ,any subsequent change orders to the contract to the District's Project Manager • Obtaining all required permits, including right of access to the project site, related to project construction and subsequent operation of the facility Page 8 of 13 Contract #SK31412 • Compliance with all permits • Procurement for project construction • Supervision and inspection of construction • Construction contract administration • Timely submittal of invoices for actual construction costs in accordance with the cost share agreement (i.e. quarterly, with appropriate substantiation) to enable proper review by the District's Project Manager prior to payment authorization. • Progress reports to the District's Project Manager identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, project time and projected costs versus actual cost to date. • Certification of construction phase completion by a Professional Engineer registered in the State of Florida • Compliance with cost accounting practices and procedures required for reimbursement of funds expended for the Florida Water Protection and Sustainability Program. V. TIMEFRAMES AND DELIVERABLES • City shall commence work under the Agreement within fifteen (15) calendar days after the effective date of the Agreement • City shall provide District copies of the construction contract bid documents and the Cost Schedule for the awarded construction contract within thirty (30) days of contract award. The Cost Schedule, and the reimbursement percentage calculation, described in Section VI, below, shall be incorporated into this agreement as Exhibit C. • City shall provide certification of construction completion within thirty (30) days of project completion. • City shall complete the project, including all tasks defined in this Agreement no later than March 31, 2008. VL CONTRACT BUDGET The estimated total construction cost of this project is $3,400,000. The total not to exceed cost share is as follows: FY07: $520,000 FY08: $160,000 Total: $680,000 District shall reimburse City up to twenty percent (20%) of construction cost eligible in accordance with the WPSP, limited to an amount not to exceed $680,000. District's quarterly reimbursement to City shall be a percentage of the amount paid the contractor during the reimbursement period. The percentage shall be calculated based on the amount allocated by District divided by the amount of the construction contract represented by the Cost Schedule. In the event the project is completed below the contracted price, District shall reimburse City the amount of the remaining funds provided for in this Agreement up to an amount not exceeding twenty percent (20%) of the total project cost or the total value of that portion of the as-built project that is eligible for WPSP funding, whichever is less. Page 9 of 13 Contract #SK31412 EXHIBIT B SUPPLEMENTAL INFORMATION PACKAGE Page 10 of 13 FY2007 Updates Only Clermont Reclaimed and Stormwater System Expansion Project Alsa ~. G ~~ n1o~ to l~ F FY2007 Updates Only gO~LE Engineering Excellence Since 1942 320 East South Street Employee Owned Orlando, FL 32801 TEL: (407)425-1100 FAX: (407)422-3866 www.boyleengineering.com Mr. John F. Wester July 6, 2006 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 00190 00 P.O. Box 1429 Palatka, Florida 32178-1429 St Johns River Water Mana>7emer-t District'+'Vzt~:r Protection and_Stbstainal',ility Pro ram-Supplemental Information Re nest for the Csty of .Clermont Updates Enclosed herewith is the updated City of Clermont's response to the District's request :for supplemental information on the following four (4) projects: • Stormwater Storage Treatment Facilities • P_eil~!iroed ~:~ater Distribution Transmission ia'acili~ios • West Side Wastewater Blow Diversio,~ • East Side WRF Improvements Please advise us if you require any additional assistance. Thank you Tor your assistance and cooperation. __ __ _ Boyce Engineering Corporation Dwa e I~reidler Yn Senior Engineer ST JUWN~ 1311l~l~ VV~ ... MAfVAGEMENT Ot~7RIC1" PALATKA, FLORIDA MAIL. CENTER Enclosure: St. Johns River Water Management District Water Protection and Susta.inability Program-Supplemental Information .Request for the City of Clermont Project Updates (July 6, 2000) Copy to: Tamara Richardson, PE, City of Clermont w/attachment Victor Godlewski, Jr., PE B:\Orlandol0rlando -Projects\C98-Clermont\C98-20T00\DOCS\SJ FundinglWester7-6-06.doc BOVLE ENGINEERING CORPORATION ® necycled Paper Fiscal Year 2006/2007 St. Johns River Water Management District Water Protection and Sustainability Program Supplemental Information Request for City of Clermont Projects: Stormwater Storage Treatment Facilities Reclaimed Water Distribution Transmission Facilities West Side Wastewater Flow Diversion East Side WRF Improvements July 6, 2006 SECTION I 1. What is the current status of the ro'ect? West Side East Side Reclaimed Water Stormwater Wastewater WRF Distribution/Transmission Storage/Treatment Flow Improvements Improvements Facilities Diversion Status Beginning Beginning Planning Phase to Begin Discussing Final Design Final Design Later in 2006 Concept with _ Potential Partners 2. What are the estimated start and end dates for the construction chase? West Side East Side Reclaimed Water Stormwater Wastewater WRF Distribution/Transmission Storage/Treatment Flow Improvements Improvements Facilities Diversion Start Jan. 2007 Jan. 2007 Oct. 2007 To be scheduled ~~ End Dec. 2007 Feb. 2008 Se t. 2008 To be scheduled 3. Provide a current estimate of the capital costs as defined in 37?.019(2) Florida Statutes (i.e. "Capital costs" means planning, design, engineering, and project construction costs .List the costs for each of the four cafe ories. West Side Wastewater East Side Reclaimed Water Stormwater Flow Diversion WRF Improvements Distribution/Transmission Improvements Storage/Treatment Facilities Million $ (Million $) Million $ (Million $ Plannin $.05 $.025 $.10 $.025 Desi n $.10 $.075 $.20 $.075 En ineerin $.35 $.20 $.50 $.20 Construction $3.4 $3.0 $8.5 $2,5 Costs 4. Does the project prevent or limit adverse water resource impacts? Briefly explain how. Yes, further development and expansion of the City's reclaimed water system will lessen the City's reliance on groundwater for water supply. Less groundwater Page 2 of 7 withdrawal will result in positive impacts on groundwater levels. This should in turn be beneficial to surface features like lakes and wetlands. 5. Does the project reduce competition for water supplies? Briefly explain how. Yes, the City of Clermont's approach to using all of its reclaimed water for beneficial reuse will result in an overall decrease in demand for groundwater. Therefore, the City will needs less groundwater to meet its water supply needs. 6. Does the project replace traditional sources of water in order to help implement a minimum flow or level? Briefly explain how. No 7. If you are implementing agoal-based water conservation program pursuant to 373.227 FS, have you achieved the targets for that program? Briefly describe. The targets for the City of Clermont water conservation plan are included in the City's consumptive use permit. The District included reduction in per capita consumption as part of the permit. The City has outperformed these goals. 8. Show the quantity of water produced by the nroiect as compared to its cost West Side Wastewater East Side Reclaimed Water Stormwater Flow WRF Distribution/Transmission Storage/Treatment Diversion Improvements Improvements Facilities Total Project $3.9 $3.3 $9.3 $2.8 Capital Costs (Million $ Total Anticipated 0.8 4.0 4.0 1.0 Reclaimed Water Produced MGD) Cost per $4.88/gallon $2.96/gallon $2.33/gallon $2.80/gallon Gallon Produced 9. Is construction and delivery of reuse water to end users a major component of the project? If so, briefly describe the implementation of reuse water to end users. Page 3 of 7 Yes, the City of Clermont is implementing a comprehensive public access reuse system within its East Service Area. The primary goal of this program is to significantly reduce the amount of groundwater that is needed to support irrigation needs within the City's East Service Area. This is the area of the City that is receiving most of the development interest. Many subdivisions already have reclaimed water systems constructed as part of the infrastructure improvements that were provided as part of land development activities. Presently, these systems are being supplied with potable water until reclaimed water is available. The City plans to connect existing and future subdivisions to its reclaimed water system. in addition, some commercial properties will also be irrigated with reclaimed water. 10. Will the project be implemented by amulti-jurisdictional water supply entity or regional water supply authority? If so, briefly describe. No. 11. Is the project part of a plan to implement two or more alternative water supply projects all of which will be operated to praduce water at a uniform rate? Explain briefly. Yes, the City is exploring other sources of water to support its reclaimed water system. These sources include stormwater, surface waters and interconnections with other reclaimed water systems. 12. Show the percentage of project costs to be funded by the water supplier or water user, broken down by calendar year. The City of Clermont intends to fund all of the proposed projects through a combination ofi funding sources including impact fees and user charges. 13. Provide a project timeline, or work breakdown structure, that details the overall project timeframe, broken down by planning, design, engineering, and nr~iect construction phases. West Side East Side Reclaimed Water stormwater Wastewater WRF Distribution/Traps- Storage/Treatment Flow Diversion Improvements mission Facilities Im rovements Planning, Start Oct. 2005 Oct. 2005 July 2006 To be scheduled and Desi n g , Engineering Phases End Dec. 2006 Dec. 2006 Aug. 2007 To be scheduled Construction Start Jan. 2007 Jan. 2007 Oct. 2007 To be scheduled Phase End Dec. 2007 Feb. 2008 Se t. 2008 To be scheduled Page 4 of 7 14. Is your project a subsequent phase of an alternative water supply project that is under way? Briefly explain. No. 15. Provide a letter, attesting to, and signed by your auditors of record of your current annual financial report, as to whether and in what percentage your entity is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes based on your most recent certified financial audit. The requested letter is attached. 16. Provide the list of permits required to proceed with the project along with their anticipated approval dates. The key permits are listed in the table below: West Side East Side WRF Reclaimed Water Stormwater Wastewater Improvements Distribution/Trans- Storage/Treatment Flow Diversion mission Facilities Im rovements Application in Application in Application in FDEP Facility Progress Progress Progress Permit Approval Date: Approval Date: Approval Date: To be scheduled Sept 2006 Sept 2006 Jul 2006 Application in Application in FDEP Progress Progress Stormwater Approval Date: Approval Date: N/A To be scheduled Permit Sept 2006 Sept 2006 ~ 17. Has your entity budgeted and funded this project internally? The City of Clermont has funded the West Side Wastewater Flow Diversion Project, the East Side WRF Improvements Project and portions of the Reclaimed Water Distribution/Transmission Improvements Project. 18. If your entity has budgeted and funded this project, when will those budgeted funds be made available for use? The City is already expending funds for the planning and design of the West Side Wastewater Flow Diversion Project and the East Side WRF Improvements project. The City will continue to allocate funds as needed to move these projects forward as well as the other projects that have been discussed herein: Page 5 of 7 19. What percentage of funding are you requesting for your project construction costs? The City is currently planning to fund each project in its entirety. However, the City is very interested in the possibility of receiving a grant to help offset some of the costs associated with its comprehensive water reuse program. The City desires the maximum grant funding level possible. SECTION II Rate Structures Provide substantiation of your water utility's response to meet the following requirement: Development of rate structures for water customers in the service area of the funded utility that will: A. Promote the conservation of water The City adopted a conservation rate structure in April 2001. The current rate schedule for single family water services is summarized below: Consumption Inside City Rate Outside City Rate Base Charge $5.48/month $6.85/month 1,000-10,000 gallons _ $1.10/lcgals. $1.38/lcgals 11,000-20,000 gallons $1.43/lcgals $1.79/lcgals 21,000-30,0000 gallons $2.20/lcgals $2.75/lcgals Over 30,0000 gallons $3.00/lcgals $3.75/kgals B. Promote the use of water from alternative water supplies Currently, all of the City's reclaimed water is sent to the Kings Ridge development and used for irrigation of the golf course and residential properties. The reclaimed water is sold at a bulk rate. Page 6 of 7 SECTION III 1. Please provide a contact person for questions related to the information you have provided. Contact information should include name, title, telephone number, mailing address and a-mail address. Tamara Richardson, PE Director of Engineering and Utilities City of Clermont P.O. Box 120219 Clermont, FL 34712-0219 Phone: 352-241-7335 E-mail: TRichardson@clermontfl.org 2. Mail the requested information to: John F. Wester St. Johns River Water Management District Water Protection and Sustainability Program 4049 Reid Street P.O. Box 1429 Palatka, FL 32178-1429 Telephone (386) 329-4457 Email Lwestcr c~1,_sj_nvmd.cor~ Fax (386) 329-4514 Page 7 of 7 Contract #SK31412 EXHIBIT C COST SCHEDULE To be incorporated into the Agreement as Exhibit C upon execution of the construction contract. Page 11 of 13 Contract #SK31412 ATTACHMENT 1 DISTRICT SUPPLEMENTAL INSTRUCTION Date: __ Contract Number: Contract name: To: From: Project Manager The Work shall be carried out in accordance with the following Supplemental Instructions, issued in accordance with the Agreement. The District's Project Manager, by issuance of these instructions, has determined that they will not result in a change in the Total Compensation or the Completion Date. Prior to proceeding in accordance with these instructions, please indicate your acceptance hereof as provided below and return to the District's Project Manager. 1. Contractor's supplemental instructions: 2. Description of Work to be changed: 3. Description of supplemental instruction requirements: Approved: District Project Manager CONTRACTOR approval: (choose one of the items below): Approved: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Date: Date: Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Acknowledged: Connie Rozier, Contracts Administrator cc: Financial Management Page 12 of 13 Date: Contract #SK31412 ATTACHMENT 2 NOTICE TO PROCEED DATE: TO: FROM: Connie Rozier, Contracts Administrator RE: Notice to Proceed Work: Contract No. , By receipt of this Notice, the Executive Director of the District authorizes work to begin on the above- referenced project for a total not to exceed amount of Date of Commencement shall begin on and substantial completion achieved by Final completion shall be Kirby B. Green, III, Executive Director Date Harold A. Wilkening III, P.E., Director, Date Department of Resource Management Date cc: Financial Management Page 13 of 13