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HomeMy WebLinkAboutItem #09b City of Ocoee/Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water 1 eve center of Good Lip. Ot AGENDA ITEM COVER SHEET Meeting Date: June 19, 2012 Item # q Reviewed By: Contact Name: Charles K. Smith, P.E. Department Director: Charles K. S 4 I ' Contact Number: 407 - 905 -3159 City Manager: Robert Frank , /7, Subject: City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water Background Summary: To continue the City's efforts to provide customers with cost effective utilities service and conserve valuable ground water, the City of Ocoee is planning to expand the reclaimed water infrastructure in the North Service Area and make more capacity available to the Central Service Area. To accomplish this goal, staff is recommending the City enter into an agreement with Orange County for the County to provide wholesale reclaimed water capacity. For more detail on the Agreement and its impact see "Discussion Memo: City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaim Water" attached. As this agenda item follows up to the Territorial Agreement, it should only be approved if the Territorial Agreement is approved. Issue: Should the Mayor and the City Commission enter into an agreement with Orange County to secure wholesale reclaimed water capacity for serving the City's North Service Area and Central Service Area? Recommendations: Motion to accept the City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water and authorize the Mayor to execute the agreement. Attachments: Backup Memo, City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaim Water with Attached Exhibits, Wholesale Reclaimed Water Service Area Feasibility Plan by Reiss Engineering, Ind. Dated June 2012. Financial Impact: The estimated project cost is $2,150,500, which includes design, permitting and construction. Funding for the project in the current year's budget includes $800,000 for Northwest Reclaim Service - $385,000 in Fund 408 (408- 535 -00 -6302) and $415,000 in fund 401 (401- 535 -10- 6302). In fund 414 (2003 project funds) there is $170,000 designated for Kensington Manor (414- 535 -10 -6302) and $325,000 designated for McCormick Rd (414- 535 -10- 6302). There are remaining funds left from the Forest Trails (job #31204) in the amount of $105,000 in Fund 408 (408- 535 -00- 6302). The current budget has the Lake Olympia Reclaim Retrofit Project in the amount of $468,455 ($200,000 in Fund 408 (408- 535 -00 -6302) and $268,455 in Fund 401 (401- 535 -10- 6302)). To facilitate this project, staff is requesting to delay the Lake Olympia project to Fiscal Year 2014 and use the current 1 budgeted funds for the wholesale project. The remaining $285,000 will come from available project funds or be designated in the upcoming budget. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading ,/ Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 e Centeer f Good L Mayor •Sb f v e Commissioners S. Scott Vandergrift .. t ' Gary Hood, District 1 Rosemary Wilsen, District 2 City Manager , '` Rusty Johnson, District 3 Robert Frank : Joel Keller, District 4 f ' MEMORANDUM TO: The Honorable Mayor and City Commissioners THRU: Robert Frank City Manager FROM: Charles K. Smith, P.E. Utilities Director DATE: June 19, 2012 RE: Discussion: City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water Initial Consideration: The City Of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaim Water (herein referred to as Wholesale Agreement) should be considered in conjunction with the City of Ocoee / Orange County Reclaimed Water Territorial Agreement. Consideration should include the denial of this Wholesale Agreement if the Territorial Agreement is denied. Background: Ocoee Reclaimed Water System History: In the mid- 1990s, the City of Ocoee implemented a reclaimed water program, treating wastewater flow from the City's treatment plant to public contact standards and requiring all new developments, where reasonably possible, to install reclaimed infrastructure within the project limits. The infrastructure was dedicated to and maintained by the City. A limited amount of the dedicated infrastructure was charged with reclaimed water, mostly along Clarke Road, while the majority was charged with potable water until reclaim would become available. In the mid- 2000's, with ever - increasing pressure to limit groundwater withdrawal and the need to increase effluent disposal for the wastewater plant, the City became more aggressive to connect and retrofit neighborhoods with reclaimed water. During this City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 Phone: (407) 905 -3100 • Fax: (407) 905 -3167 • www.ocoee.org period, the City added over 2,000 reclaimed water customers and increased its average daily demand for reclaimed water from 0.135 to 1.8 million gallons per day (mgd) with peak dry month usage of 2.4 mgd. Also within this period, the City secured a second reclaim supply of up to 1.8 mgd, from CONSERV II. Ocoee Reclaimed Water Service Area: As of this writing, the City of Ocoee reclaimed water service area is composed of all Ocoee - incorporated lands (parcels) and upon execution of the Territorial Agreement, additionally all unincorporated /enclave lands within the City limits. Important to note is that Ocoee's potable water and sewer service area is smaller in size as it does not extend north of Clarcona -Ocoee Road /Fuller's Cross Road, and south of Roberson Road /Moore Road. Orange County is the potable water and sewer provider to the areas in the City that are not covered by Ocoee's potable water and sewer service area. Terms of the Wholesale Agreement effectively divide Ocoee's Reclaimed Water Service Area into two areas with the first area being the North Service Area and the second area (hereafter referred to as the Ocoee's Central Reclaimed Service Area) as the non -North Service Area of Ocoee's Reclaimed Water Service Area. The North Service Area, as depicted by Exhibit "A" in the Wholesale Agreement, is the area north of Clarcona -Ocoee Road /Fuller's Cross Road where the City does not provide water and sewer services. Reclaimed Water Demand Projections: North Service Area: The North Service Area currently has 1,100 homes and at build out is estimated to be 3,400 homes. Utility (meter) data confirms the existing homes average 14,000 gallons per month for irrigation and 5,000 gallons per month for domestic usage. The initial demand for reclaimed water of 475,000 gallons per day is projected to increase to 1,470,000 gpd at build out. The Wholesale Agreement establishes the County as the exclusive wholesale provider and the City as the retail provider for the North Service Area. The County, as the wholesale provider, must supply reclaimed water at sufficient capacity and pressure to meet reasonable customer needs. Central Service Area: The Central Service Area currently is supplied with reclaimed water from the Ocoee Wastewater Plant and is supplemented with a wholesale capacity from CONSERV II (1.8 mgd). The Wholesale Agreement makes available by reservation 1.0 mgd with a provision to increase the capacity. The City's current Consumptive Use Permit from SJRWMD covers the City potable water service area and does not consider the North Service Area. The permit allows the extraction of 4.88 mgd groundwater from years 2013 thru 2016. During this same period, the City's total water demand is projected to increase from 5.27 to 7.75 mgd. Based on allowable groundwater withdrawal, reclaim production and CONSERV II supplement, the City needs to develop another 1.18 mgd of alternative water supply. Historically, utility customers irrigating have used greater amounts of reclaimed water than potable water, which is most likely due to reclaimed water being Tess expensive with relaxed restrictions. The above projections did not consider this increase in usage. Reclaimed Water Implementation: The Wholesale Agreement requires the City to connect all existing customers with reclaimed water within 3 years and all new customers are prohibited from using potable water for irrigation. Included with the staff report is the "Wholesale Reclaimed Water Service Area Feasibility Plan" prepared by Reiss Engineering, Inc. The study identifies routing, pipe sizes, construction phasing, and probable cost. Refer to the study for more details. Reclaimed Water Financial Considerations: Immediate Fiscal Impact: As discussed above, the City's total water demands shall increase and its groundwater withdrawal has been capped. The City must develop an alternative water source. The two likely alternatives are: 1) securing a reclaimed wholesale water supply, or 2) a partnership with others in a potable treatment project. The reclaimed water alternative has a probable cost of $5.2 million with a total supply capacity of 2.65 mgd or a unit capital cost of $1.96 per gallon per day. The usage charge is $0.30 per k- gallon based on classification of "interruptible with ground storage ". Comparatively, in a partnership treatment alternative, the unit capital cost for treatment /conveyance runs $8 to $13 per gallon per day and has a usage charge of $5.00 per k- gallons. Monetarily, the customers will be best served by the City securing a reclaimed wholesale water supply. As discussed in the feasibility plan, the infrastructure benefits equally both the North Service Area and the pass- through capacity to the Central Service Area. Based on the 50% benefit and 3,400 homes, the unit cost to connect the North Service Area is $759. Staff will be bringing a consideration to the Mayor and City Commission to recover those costs by enacting a line extension fee of $759. Consideration shall be based on a onetime fee for new connections and a monthly surcharge to existing customers. Based on average usages discussed above, an existing customer converted to reclaimed water would realize a savings of $12.57 per month. Staff will be proposing to set a monthly surcharge fee to be less than the monthly savings for a fixed period (ex: $10 per month for 80 months). Long -Term Fiscal Consideration (The following relies on the discussion and findings from the Wholesale Reclaimed Water Service Area Feasibility Plan): The Wholesale Agreement requires the construction of Phase I improvements within 3 years of the execution of the Agreement. The Agreement indirectly requires the construction of Phase III improvements as no new development after execution of the Agreement can use potable water for irrigation within the North Service Area. Therefore, Phase III will require transmission mains to be in place consistent with developmental schedules. Phase II, a reliability and operating improvement phase, is subject to operation conditions especially during pass- through flowing to the Central Service Area, and may be delayed to more opportune timing. Finally, the approval of the Wholesale Agreement places a significant demand on funds reserved for just these types of projects. This approval and the continuation of the Central Service Area expansion, the Major Water Line Repair and Replacement Program, the expansion of the wastewater collection system by the implementation of the Ocoee West Sanitary Sewer Transmission Project, the utility relocates associated with the second phase of the State Road 50 Widening Project, and /or certain combinations of aforementioned projects, shall lead to revenue and reserve shortages that will need to be recovered through increased revenues. CITY OF OCOEE, FLORIDA WHOLESALE RECLAIMED WATER SERVICE AREA FEASIBILITY PLAN PREPARED FOR: THE CITY OF OCOEE PREPARED BY: REISS ENGINEERING INC. 1016 SPRING VILLAS POINT WINTER SPRINGS, FLORIDA 32708 407.679.5358 REI PROJECT No. 6764 JUNE 2012 M REISS ENGINEERING PLANNING ( DESIGN ( CONSTRUCTION , Table of Contents 1.0 INTRODUCTION 1 -1 1.1 Background 1 -1 1.2 Purpose 1 -1 2.0 WHOLESALE RECLAIMED WATER SERVICE AREA 2 -1 2.1 Service Area 2 -1 2.2 Reclaimed Water Demands 2 -1 3.0 INFRASTRUCTURE PLAN 3 -1 3.1 Methodology 3 -1 3.2 Hydraulic Standards and Criteria 3 -1 3.3 Wholesale RWSA Infrastructure Plan 3 -2 3.4 Plan Phasing 3 -2 4.0 COST AND FEASIBILITY 4 -1 4.1 Opinion of Probable Cost 4 -1 4.2 Unit Cost Estimation 4 -2 5.0 SUMMARY 5 -1 5.1 Conclusions 5 -1 5.2 Recommendations 5 -1 i C:', REISS ENGINEERING List of Tables Table 3 - 1. City of Ocoee Wholesale RWSA Infrastructure Plan 3 - 3 List of Figures Figure 2 -1. Wholesale Reclaimed Water Service Area 2 -2 ii REISS ENGINEERING 1.0 INTRODUCTION To continue efforts to provide customers cost effective water utilities service and conserve valuable potable water, the City of Ocoee is planning to expand the reuse of reclaimed water in the north portion of its service area. The City has been limited by supply in this area and recent coordination with Orange County Utilities (OCU) will resolve this limitation. Under an interlocal agreement OCU will provide reclaimed water to supply the City's Wholesale Reclaimed Water Service Area (Wholesale RWSA). Additionally, specific reclaimed water infrastructure, including transmission pipelines, storage tanks and high service pumping, is required to implement the reclaimed water expansion. To support this task the City has requested Reiss Engineering, Inc. (REI) to update and utilize the City's reclaimed water model to append the previous master plan and cost efficiently locate and size the needed infrastructure. The refined Wholesale RWSA Feasibility Plan will be used by the City to develop impact fees for new connections to help cover the cost of the expansion. This plan has been updated from the previous April 2012 plan due to an update to the City of Ocoee and OCU interlocal agreement. 1.1 Background In order to conserve water the City of Ocoee has required developers in the Wholesale RWSA to install reclaimed water piping throughout developing properties with the intent of serving the customers in the future once the City had sufficient reclaimed water supply. The City of Ocoee Wholesale RWSA is located north of Clarcona -Ocoee Road and includes public access residential in- ground reclaimed water distribution systems that are currently connected to and supplied from OCU potable water systems. The City of Ocoee Wholesale RWSA includes areas outside the City's current wastewater service area. The City of Ocoee currently utilizes almost all of its reclaimed water on its current public access reuse customers and the Forest Lake Golf Course. The OCU interlocal supply of reclaimed water will allow the City of Ocoee to meet Wholesale RWSA public access reuse demands and remove the currently "jumpered" customers from irrigating with potable water. 1.2 Purpose This includes the following objectives: • Cost effectively route and size the planned infrastructure and a future storage and re- pump facility to serve the Wholesale RWSA with reclaimed water • Estimate unit capital costs per Wholesale RWSA customer based on average service area demand and number of connections 1-1 REISS Et-IGINEERIt1(a 2.0 WHOLESALE RECLAIMED WATER SERVICE AREA 2.1 Service Area Based on the City's existing reclaimed water service boundary, natural internal boundaries and City Utilities staff direction the North Reclaimed Water Service area was defined as shown in Figure 2 -1. Figure 2 -1 identifies the City's overall reclaimed water service area boundary and the internal sub - service area divider defining the Wholesale RWSA. Included in the Wholesale RWSA is the Forest Lake Golf Course which is supplied jointly by the City of Ocoee and the City of Winter Garden and whose demand is not included in this analysis. The portion of the Wholesale RWSA to be supplied include the existing residential developments with in- ground dual distribution systems, future targeted residential developments and incidental commercial /institutional customers. 2.2 Reclaimed Water Demands Reclaimed water demand was developed using the City's standard unit demand criteria of 450 gallons per day per single family residence. The Wholesale RWSA is primarily comprised of single family residential developments and includes some supporting commercial and institutional land use. The resulting estimated existing and future average daily demands for the Wholesale RWSA are approximately 650,000 gallons per day and 1,510,000 gallons per day, respectively. Reclaimed water peak hourly demands can be higher than typical potable water peaking factors because of the irrigation nature of the demands. Reclaimed water peaking factors can be controlled to a certain extent by demand management techniques including; alternating address irrigation day /times and pressure control. Peak hour factors for reclaimed water distribution systems serving public access reuse can range from 3 to 6 times the average daily demand. Various peaking factors were examined to determine the sensitivity to resulting pipe sizes. The City of Ocoee Utilities staff directed the use of a peak hour factor of 4 to be controlled with the use of demand management methods. Resulting peak hour demands for the Wholesale RWSA would therefore be 1,800 gallon per minute for existing customers and 4,200 gallon per minute including the existing and future Wholesale RWSA customers identified to be served. 2-1 E kEISS ENGINEERDIG R .,....,r S[ - rack Seclion Dr _ A' 2 N E Orange County Utilties Northwest >: = o Water Reclamation Facility W E t , • ` _ E o A a , u + va11.Y Or � may. Mccormick Rd W E Mccormick Rd S I r d III � �- �- f-11r9lIPi �* f '� �'!'s'H- � 1 d2 '# f 435 0 300 600 1,200 1,800 II • _ ■ I 0 a wo w .. � 1r i► 0 . , Future Storage and Is al w * �' 1 -1 j j Repump Facility - Site A la , prrt1 B1DSSom p" tan eaY Blvd t a 1' toured BIOLS°Id CI' , � Dr i �� �~ ` I - lm WHOLESALE SERVICE AREA , • -0"�� ^ y �' • Future Storage and 0.114 . —_ j '"UOer f j 1 I - _ Re jSump Facility - Site 6°•"' L ♦ LEGEND ' ®s ®S ''. �� 1 . Existing RW Facility / to �� Future RW Facility • 1 / y = k""'"': 5 Reclaimed Service Area j weal tr, , Water Features ® CENTRAL SERVICE AREA -' Reclaim Future Retrofit •_ ii moist • .1 Reclaim Presently Served so ' f♦ 1 ® '. Reclaim Under Construction • � � leuleen!l1tA �. 1s 'mg tom- is I L- Reclaim Future (by Others) ...110 / } dAve a \ J ( i Reclaim Lines in Ground Id A f ffi F♦♦ -f Ii r — E- EUJ4[iGn.. vw stn Ave . _ eole Bivd 1 ,thAve ; 1 a d t. .64 / ` v_,— r 4 • f r 1 limos . :d v pnah P°Yk 1M 1 0 Marlene Or !�'' G -- Mi+ Starr r 1 R lath Ave 'J rust., A• _ •? 1 1 1 , 0 , A , a City of Ocoee Water 1 (. air o 12t Ave o Reclamation Facility > s 1 e n 2 5` U c 2 e i n a ! ltr� Ave = s r B ���.�ppp � Sal 1 a L _....__._..... o III ,__-\ Mima Worst Rd • _ ,4y° - d, i pemaah+s Ln < 15m Ave . wrd'Y' . ... , City of Ocoee Wholesale Reclaimed Water Service Area (WRWSA) Figure 2 - and Developments G: \Ogis \G: \Ogis\6763 -Ocoee North Reclaimed Water Expansion \PDF\WRWSA Reclaimed Plan Update - Figurel .rnxd 3.0 INFRASTRUCTURE PLAN 3.1 Methodology The City of Ocoee maintains a reclaimed water hydraulic model to assist with planning and operational issues. REI updated the reclaimed water hydraulic model to analyze the Wholesale RWSA. The Wholesale RWSA was defined, existing and future developments to be served determined, and reclaimed water demands quantified. Design and operating conditions for OCU Northwest Water Reclamation Facility (NWWRF) reclaimed water pumping station were collected from OCU engineering staff as summarized in Table 3 -1. The latest hydraulic model simulation criteria were updated with OCU's NWWRF design and operating conditions. The hydraulic model was run under the interconnect conditions to route and determine reclaimed water main sizes at various peaking factors and operating pressures necessary to provide reclaimed water to the Wholesale RWSA. Hydraulic model outputs including pressures, hydraulic grades and pipeline velocities were compared to City reclaimed water standards, summarized in Table 3 -2, to verify the proposed pipe sizes. The resulting reclaimed transmission main pipes were used for preliminary estimates of probable construction costs. 3.2 Hydraulic Standards and Criteria Table 3-1. OCU NWWRF Design and Operating Conditions (provided by OCU) Parameter Assumption Pumping Elevation 113 Design Discharge Pressure 70 Pump Capacities 1- 100HPPump 1500gpm 2 -50 HP Pump 750 gpm Table 3 - 2. City of Ocoee Wholesale RWSA Hydraulic Criteria Parameter Standard Reuse Water Mains Maximum Velocity 7 fps Minimum Pressure 40 psi Regional Peaking Factor Peak Hour (x average daily) 3 - 5 Unit Demand Estimate ERU= Equivalent Residential Unit 450 gpd /ERU 3 -1 REISS ENGINEERING N81 Ur tr, Apopka Orange County Utilities Northwest N r . - ® Water Reclamation Facility Section Dr ,V `" v H E t' s = FS ' j E W r/% vs- a — z,- re 0 C d C Q Z , y O . 'a = s -a f p x o It v sr, c. , i , 0 200400 800 1,100 1,600 Y . Valley Dr 10 4ze i OCU Point of eh • i ior Feet 4B IN ' i _ Connection r ("r ■ I c1, 0 A * ■ ..,rs* 1 I ■ Lake LEGEND ,''` 11 N III er, Future Storage and ■ Reclaimed Water Facilities * f r R epump Faciihi • Site A Oso e 1111 ii•AM .. • • • • Gtub co Forest f Existing RW Facility • Are 429 S Phase II Future RW Facility ■ • o ill Phase 1 Future WRWSA Pipe ■ ® WHOLESALE SERVICE AREA 11, �? x z .--- -. c � = Phase III Winter Garden Pipe glom — Phase III Future WRWSA Pipe II � � � — Existing Pipe , 1 f arzst o e Existing Golf Course Pipe 3 Future Storage and nit cltllz 2 ,, r - ^ Repump Facility - $ to at ocree ■ .. Future Corridor Pipe 4 0 1 e a �' ° cg, _ Sub - Service Areas r`c;r , y m o u• w Reclaimed Service Area I Y o 0:: }land. Ave n 4 'oj / , V g1vd. 4 ratesttc'G�'' ‘ West Rh /// t' • 2 Applegate 5. '1''' c Auden,. a i CEN TRAL SERVICE AREA P. a P. o m , cfn � � c 2nd AVe w a i > 9 '4?` 1 t .i.'1' L ca b r, City of Ocoee Wholesale Reclaimed Water Service Area (WRWSA) Figure 3-1 Initial Piping 60 PSI and 4 Peaking Factor G: \Ogis \G:\Ogis \6763 -Ocoee North Reclaimed Water Expansion \PDF\WRWSA Reclaimed Plan Update - Figure 2.med 3.3 Wholesale RWSA Infrastructure Plan The hydraulic model was run under various peak hourly flow and connection pressure scenarios. Wholesale RWSA planned transmission pipe sizes were optimized to meet City hydraulic criteria and minimize construction cost. City Utilities staff review of resulting Wholesale RWSA transmission pipe sizes and costs resulted in a consensus selection of the most feasible and cost effective route to serve the Wholesale RWSA. The resulting recommended Wholesale RWSA transmission configuration is illustrated in Figure 3 -1. A comparison of OCU's current total NWWRF reclaimed water pumping capacity (3,000 gallon per minute) with the City of Ocoee's Wholesale RWSA peak demand (4,200 gallon per minute) indicates that additional pumping capacity is likely required to meet the needs of future, planned Wholesale RWSA customer demands. Note that the future Wholesale RWSA peak of 4,200 gallons per minute could be 5 to 10 years in the future. OCU's current NWWRF peak pumping capacity of 3,000 gallon per minute is more than sufficient to meet the existing Wholesale RWSA customer demand and the foreseeable near term. Additional storage and peak flow pumping in the Wholesale RWSA will be required at some point in the future to compliment OCU pumping capacities and ensure that peak customer demands are met with adequate pressure. 3.4 Plan Phasing The Wholesale RWSA infrastructure was phased to minimize capital impacts to the City and the customers. The initial phase (Phase I) is necessary to serve the existing, reclaimed water distribution piped customers in the Wholesale RWSA. Storage and peak pumping capacity in the Wholesale RWSA is required to provide reliable peak demand service in addition to the OCU pumping capacity. Therefore, Phase II includes a storage and repump station. Two potential locations on, or adjacent to, the Forest Lakes Golf Course site were identified: Site A and Site B, as shown in Figure 3 -1. Future transmission piping were sized and configured to facilitate either storage and repump site location. Phase III transmission piping is required to serve the future peak demands of the Wholesale RWSA. Phase III transmission assumes that the City can utilize the City of Winter Garden's 16 -inch reclaimed transmission main in the future. The configuration of the Phase 3 transmission mains for the Wholesale RWSA is also presented in Figure 3 -1. 3-2 • t: ; REISS Et4GIt4EERIfaG 4.0 COST AND FEASIBILITY This section contains capital cost estimates and feasibility based on unit capital cost of the Wholesale RWSA Feasibility Plan for the City of Ocoee. 4.1 Opinion of Probable Cost A construction and capital cost estimate was prepared and estimates that the recommended Wholesale RWSA Phase I, II and III infrastructure improvements would cost $5,164,500, as indicated in Table 4 -1. Table 4 -1. Wholesale RWSA Ca s ital Cost Estimate ' Y R d Iu4 I , » d,�.;w�. .3: r +na;�s� <ms�tmt , , �,. �. , �. � +xdx, +xxi � s��+�.t� kuS�x „„, ... Diameter (inch) Length (ft) Unit Cost ($ /ft) Construction Cost 12" 7,300 100 $730,000 16" 9,800 125 $1,225,000 Non - construction Costs (10 %) $195,500 Total = 17,100 - $2,150,500 'S"�, " 'fir, s „ +, u. <t »J - 4a 1k44 % . Item Capacity Unit Cost (ea.) Construction Cost Storage Tank 1.5 Mgal $800,000 $800,000 Pumps 4000 gpm 1000000 $1,000,000 Non - construction Costs (10 %) $180,000 Total = - - $1,980,000 .wfr'I, lat -mu �.,��� te ux+ ,ti « .::ofS — �u- Diameter (inch) Length (ft) Unit Cost ($ /ft) Construction Cost 12" 8,400 100 $840,000 16" 800 125 $100,000 Non - construction Costs (10 %) $94,000 Total = 9,200 - $1,034,000 Phase I, II and 11I Total = 1 $5,164,500 4-1 } REISS ENGINEERING 4.2 Unit Cost Estimation The unit cost estimation is provided to allocate a portion of the capital costs to the Wholesale RWSA customers and benefactors. The unit cost estimation divides the total estimated capital cost by the number of future reclaimed water equivalent residential connections (ERC) in the Wholesale RWSA. The capital cost estimate ($5,164,500) sums Phases I, II and III as presented in Table 4 -1. The total number of ERCs (3,400) was calculated based on the service area analysis. The Wholesale RWSA allocation would result in $1,519/ERC as shown in Table 4 -2. However, to account for the City's initial benefit of the proposed reclaimed water infrastructure, the unit cost was adjusted by flow weighting as follows: • Adjusted Wholesale RWSA Allocation = Wholesale RWSA Capacity (1.5 MGD ADF) divided by the total allocated capacity (2.5 MGD ADF), including the City's (1.0 MGD ADF transfer flow) = 1.5/2.5 = 60% The City shall further benefit from the future Wholesale RWSA implementation through better management of the reclaimed water system due to interconnection with the Central Reclaimed WSA. This future benefit was estimated to further reduce the Wholesale RWSA customer allocated unit cost. Therefore, an additional 10% was subtracted from the previously calculated cost share allocation (60 %) as follows: • Recommended Wholesale RWSA Allocation = 60% - 10% = 50% 4-2 AO REISS ENGINEERIr4G Table 4 -2. Wholesale RWSA Unit Cost Calculation Description Components Capital Cost O &M Cost Phase 1 - Northern WRWSA 17,600 linear feet of 12 to 16 -inch $ 2,150,500 n/a Transmission Piping transmission piping Phase 11 - WWSA Storage & Repump 1 million gallon storage tank and $ 1,980,000 $40,000 /year 4,000 gallon per minute pump station Phase III - Southern WRWSA 9,200 linear feet of 12 to 16 -inch $ 1,034,000 n/a Transmission Piping transmission piping Total $ 5,164,500 $40,000 /year Equivalent Residential Reclaimed Water Connections 3,400 -- Unit Capital Cost, $ per ERU WRWSA connection $ 1,519 -- Demand weighted cost share (1.5 MGD /2.5 MGD) 60% -- Discount for future management practices 10% Wholesale Service Area Customer Cost Allocation (60% - 10 %) 50% Wholesale Service Area Customer Cost Allocation $ 2,582,250 -- Wholesale Service Area Customer Unit Cost Allocation, $ per ERU $ 759 *ERU - Equivalent Residential Unit; WRWSA - Wholesale Reclaimed Water Service Area 4 -3 40 REISS ENGINEERItdG 5.0 SUMMARY This section contains conclusions and recommendations of the City of Ocoee Wholesale Reclaimed Water Service Area Feasibility Plan. 5.1 Conclusions This interlocal cooperation is a true win -win outcome as existing customers will be transferred from irrigating with potable water to irrigating with reclaimed water; coinciding with utilities and water management districts philosophy to conserve our precious water resources and lowest cost, highest quality potable water. The City of Ocoee also benefits in that future developments within its potable water boundary will likewise be irrigating with reclaimed water and conserving potable water. The interconnection will also assist with OCU effluent disposal. The Wholesale RWSA was defined and the interlocal agreement will enable the City to supply a projected future, average daily demand of 1,510,000 gallons per day of reclaimed water to existing and future customers. The City selected peak hour factor of 4 times average daily demand results in a Wholesale RWSA peak demand of 1,800 gallon per minute for existing customers and 4,200 gallon per minute in the future. OCU's current NWWRF peak pumping capacity of 3,000 gallon per minute is more than sufficient to meet the existing Wholesale RWSA customer demand and the foreseeable near term. Additional storage and peak flow pumping in the Wholesale RWSA will be required at some point in the future to compliment OCU pumping capacities and ensure that peak customer demands are met with adequate pressure. 5.2 Recommendations It is recommended that the City of Ocoee continue coordination with OCU to implement the Wholesale RWSA reclaimed water interlocal agreement. Assuming funding is in place and the interlocal agreement is executed, the City should proceed with design and construction of the Wholesale RWSA transmission piping (Phase I) needed to implement the interconnect. Implementation of Phases II and III would subsequently follow depending on the availability of funding and realization of future Wholesale RWSA demands. The City is also planning on using the costs estimates presented herein to determine funding strategies, including possible connection charges for the Wholesale RWSA, for implementation of the recommended Wholesale RWSA infrastructure. Additionally, the City of Ocoee will need to coordinate with OCU on available NWWRF pumping capacity and employ demand management methods to keep peak hour factors below 4 times average daily demand. 5 -1 £� REISS ENGINEERING CITY OF OCOEE /ORANGE COUNTY AGREEMENT FOR THE DELIVERY AND USE OF WHOLESALE RECLAIMED WATER THIS AGREEMENT ( "Agreement ") is made and entered into by and between ORANGE COUNTY, FLORIDA, a political subdivision and charter county of the State of Florida ( "County "), whose address or principal place of business is 201 South Rosalind Avenue, Orlando, Florida, 32802, and the CITY OF OCOEE, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida ( "City "), whose address or principal place of business is 150 N. Lakeshore Drive, Ocoee, Florida, 34761. The Effective Date of this Agreement is , 2012. The City and County may also be referred to in this Agreement individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the County operates and maintains publicly owned water reclamation facilities ( "Facilities ") for the production of reclaimed water that may be used for productive and beneficial purposes as permitted by the Florida Department of Environmental Protection ( "FDEP "); and WHEREAS, the City desires to be a reclaimed water wholesale customer of the County under terms and conditions set forth in this Agreement; and WHEREAS, the Parties understand that the County will rely upon this Agreement in the operation of the County's distribution system for delivery of reclaimed water to the City; and WHEREAS, the Parties expect to enter into that certain "City of Ocoee /Orange County Reclaimed Water Territorial Agreement" contemporaneously with this Agreement; and WHEREAS, the City will use reclaimed water purchased from the County within the City's service area; and WHEREAS, Orange County and Ocoee are empowered to enter into interlocal agreements pursuant to their home rule powers and pursuant to Chapter 163, Florida Statutes. NOW THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, the Parties hereto agree as follows: 1. RECITALS INCORPORATED. Each of the foregoing recitals form a material part of this Agreement. 2. TERM OF THE AGREEMENT. This Agreement shall be effective on the first date on which both Parties have executed this Agreement and on which the "City of Ocoee /Orange County Reclaimed Water Territorial Agreement" between the Parties becomes effective (the "Effective Date "). The Effective Date shall be inserted on the first page of all originals of this Agreement. This Agreement shall be effective for an initial term of ten (10) years from the Effective Date ( "Initial Term ") and shall automatically be extended for successive five (5) year terms unless either Party provides written notice to the other Party of its intent to terminate this Agreement at least one (1) year prior to the end of the Initial Term or any successive term. Further, this Agreement may be terminated as provided in Paragraph 14, herein. 3. RATES AND PAYMENT. a) The City shall pay the County for reclaimed water at the rates established by Resolution of the Orange County Board of County Commissioners, as amended from time to time, for the class of customer for which the City qualifies. For the purposes of this Agreement, the current rate classification for which the City qualifies is Interruptible User with No On -Site Storage. Subject to the metering and billing provisions herein, the City shall pay the County for all reclaimed water delivered. b) The City agrees to pay monthly invoices generated by the County for reclaimed water used by the City. Said charge shall include the County's fixed monthly charge and the volume charge based upon and applied to the metered volume of reclaimed water, used by the City on a monthly basis. The County may cease delivery of reclaimed water to the City if any invoice is not paid in full within thirty (30) days of the date of invoice. Reclaimed water service will be reinstated upon full payment of the invoice and any additional charges incurred. All County standard billing procedures and charges, as amended from time to time by the Orange County Board of County Commissioners, shall apply. Payments must be made to the following address: Orange County Utilities Customer Service Division 9150 Curry Ford Road Orlando, Florida 32825 4. AREAS TO BE SERVED. For the purposes of this Agreement, a portion of the City Reclaimed Water Service Area is identified as the "North Wholesale Area," as depicted in Exhibit "A" attached hereto and incorporated herein by reference. The County shall be the City's exclusive provider of wholesale reclaimed water to the North Wholesale Area during the term of this Agreement, except for the Forest Trails and Windstone neighborhoods that are currently served with reclaimed water by the City; provided, however, that the Forest Trails and Windstone neighborhoods will be transitioned by the City to the use of the County's wholesale reclaimed water as soon as the City determines that it is reasonably and economically practical to do so. 2 Even after the transition of the Forest Trails and Windstone neighborhoods to County wholesale reclaimed water, the reclaimed water customers located within the North Wholesale Area will remain the City's retail reclaimed water customers. 5. USE OF RECLAIMED WATER BY THE CITY. (a) The City shall use reclaimed water delivered by the County for irrigation purposes and for any other permissible purposes in compliance and consistent with current and future rules and regulations of the FDEP, the applicable water management district and other governmental or regulatory agencies having jurisdiction within the City's territorial limits. In no event will the City discharge or allow others to discharge reclaimed water directly to surface waters of the State of Florida without written authorization from the FDEP and the County. (b) The City shall be solely responsible for ownership, operation, and maintenance of all portions of the distribution and transmission systems located downstream of the County's turnout assembly installation (the "City Distribution System "). Exhibit "B ", attached hereto and incorporated herein by reference, depicts the location of the of the County's turnout (the "Turnout "). The City Distribution System, including Extensions and Connection Points is depicted in Exhibit "C ", attached hereto and incorporated herein by this reference. Exhibit "D ", attached hereto and incorporated herein by reference, delineates the further ownership and maintenance responsibilities of the City and the County. The City shall obtain, implement, maintain and renew any permits, licenses or other programs required by state, regional or federal regulatory agencies to maintain or expand the City's reclaimed water system. (c) The City shall install or modify the City Distribution System to the extent necessary to connect to the County's system, at no cost to the County. The City shall provide a copy of all construction plans, for the County's review and records, of the City Distribution System as well as its transmission system extensions ( "Extensions ") that are to be connected to the County's system. The City shall provide said plans to the County no later than fourteen (14) days prior to commencement of construction. The City shall provide a copy of the Extensions' as -built plans within sixty (60) day of the completion of the work. The County shall coordinate the installation of appropriate cross - control/backflow prevention devices, approved by applicable regulatory agencies, between the City Distribution System and the County's potable water system at no cost to the City. The County may, from time to time, request that the City implement and enforce applicable regulations and policies required by the County, which regulations and policies shall relate to the subject matter of this Agreement. No such regulation shall be more restrictive than the like regulations imposed by the County on itself. If the City fails to show adequate evidence of implementation and enforcement such regulations and policies within one hundred twenty (120) days from the date of such request, then the County may immediately and unilaterally suspend performance of the County's obligations under this Agreement without penalty until the City demonstrates that it is proceeding with due diligence to implement and enforce such regulations and policies. The County may, in its discretion and without additional notice to the City beyond the aforesaid 120 -day notice, suspend delivery of reclaimed water and /or the performance of other obligations hereunder without penalty for such time as the City remains out of compliance with applicable local, state and federal regulations and policies. 3 (d) The City shall be responsible for all infrastructure improvements to the City Distribution System, including development of storage capacity, necessary to accommodate variations in the reclaimed water availability from the County at no cost to the County. (e) If monitoring is required for the use of reclaimed water within the City Reclaimed Water Service Area, the City shall be responsible for the installation of monitoring systems and for collecting, analyzing, and reporting all required information to the County, the FDEP, and /or any other governmental agency requiring such monitoring at no cost to the County. (f) The reclaimed water delivered to the City by the County under this Agreement has been accounted for by the St. Johns River Water Management District in the County's consumptive use permit (Permit No. 3317). As such, the City may not seek impact offset credits or substitution credits for the use of this reclaimed water without the written approval of the County. 6. NORTH WHOLESALE AREA CONNECTIONS. (a) The County will provide potable water to portions of the North Wholesale Area for irrigation awaiting the City's connection to the County's reclaimed water Turnout under the conditions specified in Exhibit "E ", attached hereto and incorporated herein by this reference. Upon the completion of the City Distribution System, or the date that is three (3) years after the Effective Date of this Agreement, whichever is sooner, the County shall, in its sole discretion exercised by the County Utilities Director, have the right to immediately terminate all or any connection of potable water for irrigation within the North Wholesale Area and to cease the further transmission of potable water for irrigation within the North Wholesale Area. (b) The City shall complete the construction of the City Distribution System and Extensions and connection to the County's Turnout, as detailed in Exhibits "B" and "C ", no later than two (2) years after the Effective Date of this Agreement. (c) The City shall complete the infrastructure necessary to connect the City Distribution System to all existing customers who are currently being served County potable water for irrigation in the North Wholesale Area, no later than three (3) years after the Effective Date of this Agreement. (d) The City shall complete the infrastructure necessary to connect the City Distribution System to all future customers in the North Wholesale Area prior to the issuance of a certificate of occupancy for any such future customers in the North Wholesale Area. Nothing contained herein shall preclude the City from requiring that any such future customers (or the developers of the projects in which such future customers are located) pay for or reimburse the City or others for the cost of completing the infrastructure necessary for such future customers to connect to the City Distribution System. As of the Effective Date of this Agreement, the County will not provide potable water for irrigation in the North Wholesale Area, except as a wholesale provider, as provided in Paragraph 6(a) and Exhibit "E" of this Agreement; provided, however, that the Parties agree that it is not the intent of the foregoing to cause the disconnection of any properties within the North Wholesale Area which are receiving potable water for irrigation 4 purposes on the Effective Date of this Agreement, it being recognized that any such future disconnection will occur as provided in Paragraph 6(a), herein. (e) In the event the City does not timely fulfill its obligation to complete all connections to the County's Turnout and provide reclaimed water to the City customers as required in this Paragraph 6, then the County shall have the right to either (i) install any portion of the City Distribution System and Extensions not completed by the City per Exhibit "C ", or (ii) declare the City to be in default and elect to terminate this Agreement pursuant to Paragraph 14, herein. In the event the County chooses to construct any portion of the City Distribution System and Extensions, the County shall provide the City written notification of its intent to construct all or any portion of the City Distribution System, specifying which portion(s). Thereafter, the City shall: (i) no later than three (3) months after the County's notification, provide the County with all right -of -way utilization permits (at no cost to the County above the standard permit fee) and easements necessary for construction (at no cost to the County) including, without limitation, adequate rights of ingress /egress, construction, maintenance and access (the easements shall be of a form and quality reasonably acceptable to the County); and (ii) reimburse the County for all costs and expenses incurred to design, permit, and construct the City Distribution System, including interest and costs of land acquisition. Reimbursement shall be due and payable by the City immediately upon receipt of the County's invoice for same. The City shall make payment in full no later than forty -five (45) days after the date of invoice by the County. In addition to any other remedy available under this Agreement, at law, or in equity, the County may treat the City's failure to timely pay invoices under this subparagraph as a failure to timely pay invoices or bills under Paragraph 12, herein; and (iii) coordinate with the County on billing the reclaimed water customers located within the North Wholesale Area; and (iv) assume all responsibilities of ownership, operation, maintenance, repair and replacement of the City Distribution System and retail reclaimed water service upon the County's delivery of the completed portion(s) of the distribution system to the City. (f) To the extent permitted by law and without waving sovereign immunity, the City hereby agrees to hold harmless and reimburse the County, its officers, agents, and employees for and against any and all claims, suits, judgments, demands, liabilities, damages, losses, fees, fines, costs and expenses (including reasonable attorneys' fees prior to and on appeal) for personal injury, bodily injury, death, or property damage of any kind or nature whatsoever, arising directly or indirectly out of or caused in whole or in part by any act or omission relating to the County's cessation of transmission of potable water under Paragraph 6(a) or Exhibit "E" hereunder, excepting those acts or omissions arising out of the negligence of the County, its officers, agents and employees. 5 7. WATER QUALITY. The County will deliver to the City reclaimed water of a quality consistent with the requirements for "public access" treatment levels as described in rules of the FDEP, Chapters 62- 600 through 62 -650, Florida Administrative Code, and all other applicable regulations. The County shall provide any and all routine monitoring and testing of the reclaimed water delivered to the City, but only for those parameters required to meet applicable rules and regulations, as they may be amended. The City reserves the right to independently monitor the quality of the reclaimed water delivered to the City, (at the City Turnout) using state - approved and certified testing laboratories. The Parties shall make available to each other the results of all such testing upon request. The City agrees to notify the County immediately in the event tests indicate the reclaimed water does not meet applicable standards and the City shall have the right to stop acceptance of the reclaimed water until the reclaimed water has been brought into compliance with required standards set by state or federal regulations for reclaimed water. Suspension of the acceptance of reclaimed water to be delivered by the County under the terms of this Agreement is the sole remedy for any failure by the County to deliver to the City reclaimed water of a quality consistent with the terms of this Section 7. 8. VOLUME OF RECLAIMED WATER. (a) Within the North Wholesale Area, wholesale reclaimed water will be served exclusively by the County, as described in Paragraph 4, herein. The County will make available reclaimed water to meet the existing and future irrigation demands in the North Wholesale Area. (b) Upon the completion of the connection of the City Distribution System to the County's Turnout as provided in Paragraph 6, herein, the County shall reserve one (1) MGD of reclaimed water (the "Reservation ") for future City irrigation demands outside of the North Wholesale Area, but within the City's Reclaimed Water Service Area, at no cost to the City. The Reservation shall be subject to the following conditions: (i) Upon a thirty (30) -day written notification to the County, and subject to subparagraphs (iv) and (v) below, the City shall have the right to purchase (the "Purchase Option ") any quantity of the Reservation. The City shall describe the exact quantity of reclaimed water desired in the notification to the County. Upon the thirtieth (30 day after exercise of the Purchase Option, the City shall commence payment for the reclaimed water (the "Purchased Reclaimed Water ") pursuant to Paragraph 3, herein. The City shall pay to the County monthly the payment due for the Purchased Reclaimed Water. The City may exercise this Purchase Option serially during the term of the Agreement, so long as the Purchased Reclaimed Water does not exceed the Reservation. (ii) The Purchased Reclaimed Water shall be subtracted from the Reservation quantity to determine the amount of reclaimed water remaining in the Reservation (the Reservation, as so reduced, shall be termed the "Remaining Reservation "). Within thirty (30) days of receipt of the City's notification, the County's Director of Utilities shall provide written notification to the City's Director of Utilities of the exact quantities, respectively, of Purchased Reclaimed Water and of the Remaining Reservation. 6 (iii) The City may apply by submitting a letter to the County in accordance with Section 15 hereof requesting an additional purchase or reservation of reclaimed water, at any time after the Purchased Reclaimed Water equals the Reservation. Within sixty (60) days after the date the County receives the letter application, the County shall indicate in writing its acceptance or denial of the request. Any additional reservation of reclaimed water shall be subject to the terms of this Agreement. (iv) At any time, except during the first three (3) years from the Effective Date of this Agreement (the "Initial Reservation Period "), the County may cancel all or any portion of the Reservation or Remaining Reservation, subject to first providing the City with the opportunity to exercise its Right of First Refusal, as described below. (v) If after the Initial Reservation Period, the County determines it wishes to cancel the Reservation or Remaining Reservation or a portion thereof, it shall notify the City in writing (the "Proposed Cancellation "). The City shall have sixty (60) days from the date of the Proposed Cancellation to respond in writing to the County with a request to purchase all or any portion of Reservation or Remaining Reservation. (The timely request to purchase any quantity in the Proposed Cancellation shall be termed the "Right of First Refusal "). To the extent the City exercises its Right of First Refusal, the closing thereon shall occur within seventy -five (75) days from the date of the County's notice of the Proposed Cancellation. (vi) If the City fails to exercise its Right of First Refusal in the time frame set forth in paragraph 8 (b) (v), the Reservation or Remaining Reservation shall be deemed automatically eliminated. If the City timely exercises its Right of First Refusal, it shall be deemed to have exercised its Purchase Option as to the amount specified in the City's response to the Proposed Cancellation, converting that amount into Purchased Reclaimed Water; in such case, the remainder of the Reservation or Remaining Reservation not purchased by the City shall be deemed eliminated. (vii) The County Utilities Director shall notify the City in writing of all adjustments to the Reservation and the Remaining Reservation pursuant to exercise of the Purchase Option, the Right of First Refusal, or a Proposed Cancellation promptly. (viii) In the event the City opens any point(s) of the North Wholesale Area to supply other portions of the City Reclaimed Water Service Area, the City shall notify the County in writing within 30 days of such opening and within 30 days of any subsequent closing. (c) All reclaimed water made available by the County under this Agreement is separate from any reclaimed water made available by the County under separate agreement(s) with the City. 7 (d) Once the City has exercised its right to buy Purchased Reclaimed Water under this Paragraph, the City shall be obligated to pay for such reclaimed water pursuant to Paragraph 3 throughout the remaining term of this Agreement. 9. DELIVERY OF RECLAIMED WATER. (a) The Parties recognize that adverse weather conditions or unforeseen circumstances may necessitate modification, or interruption, of the delivery of reclaimed water. The County reserves the right, based on such conditions or circumstances, to limit the rate of flow or interrupt flow for a limited period to maintain adequate operating parameters in the County's reclaimed water system. During periods of interrupted wholesale supply, if the City has reclaim supply available, the City may temporarily supply the interrupted areas. (b) If the County's transmission system fails for reasons or events beyond the County's reasonable control or when the County performs maintenance or repairs on its system, then the County may interrupt or limit the delivery of reclaimed water. (c) In the event of limitation or interruption pursuant to the circumstances described in subparagraphs 9(a) and (b), herein, the County shall notify the City in writing in advance. However, if advance written notice is not practical, then the County shall make reasonable efforts to provide advance or contemporaneous oral notice to the City, followed within forty - eight (48) hours by written notice. (d) If the City Distribution System fails for reasons or events beyond the City's reasonable control, then acceptance of reclaimed water under the requirements of this Agreement may be interrupted or limited in quantity. The City shall notify the County, in writing, in advance of its intent to curtail, disrupt, interrupt, or limit the acceptance of reclaimed water. However, if advance written notice is not practical, then the City shall make reasonable efforts to provide advance or contemporaneous oral notice to the County, followed within forty -eight (48) hours by written notice. (e) The City agrees that reclaimed water furnished from the County's Facilities pursuant to the provisions of this Agreement shall be the primary source of reclaimed water used for irrigation within the North Wholesale Area. The County agrees to provide sufficient flow to meet the annual average daily irrigation demand for the North Service Area at a minimum pressure of 60 psi. In the event the City opens any point(s) of the North Wholesale Area to supply other areas, the County is not obligated to meet the minimum pressure during said opening(s). 10. CONSTRUCTION OF CONNECTIONS. (a) The County shall install the Turnout and all appurtenances thereto, along with a flow meter, at the point of connection so that the volume of water delivered can be monitored. The City shall reimburse the County for the cost of construction of the Turnout for the portion downstream of the meter. The County shall be responsible for the cost of the Turnout meter and everything upstream of the meter. The City shall connect the City Distribution System and Extensions to a point on the County's transmission system agreed to by the Parties and as shown 8 in Exhibit "B" in a manner satisfactory to and approved by the County. Additional connection points may be requested by the City in writing and are subject to approval of the County, and ownership, maintenance and cost of installation of additional Turnouts will be negotiated between City and County at the time of acceptance of the referenced approval of the County. (b) No later than forty -five (45) days after the County's issuance of any invoice to the City, the City shall reimburse the County for all invoiced costs and expenses associated with the design, permitting and construction of the downstream portion of the Turnout (shown in Exhibit "B" as well as future Turnouts that may be requested by the City and approved by the County) excluding the master meter(s). Master meter(s) shall be paid for, owned and maintained by the County pursuant to Paragraph 11, herein. In addition to any other remedy available under this Agreement, at law, or in equity, the County may treat the City's failure to timely pay invoices under this Paragraph as a failure to timely pay invoices or bills under Paragraph 12, herein. (c) Easements for the reclaimed water Turnout shown in Exhibit `B" shall be provided by the County at no cost to the City no later than 120 days of the Effective Date of this Agreement. Easements shall be in a form and quality acceptable to the City, including subordinations, and shall include sufficient easement area to enable the City to construct, access, and maintain its connection to the Turnout. (d) The City shall be solely responsible for all infrastructure improvements to the City retail reclaimed water distribution system, including development of storage capacity necessary to accommodate variations in the reclaimed water availability from County, at no cost to County. 11. METERING. Upon installation, calibration and acceptance, the wholesale metering equipment shall remain the property of the County, and the County shall be responsible for the operation, maintenance, calibration and replacement of the meter. The County shall read the wholesale meter(s) for billing purposes. The wholesale metering equipment shall be of standard make and type, installed at a readily accessible location and shall record flow with an error not to exceed plus or minus two percent (2 %) of full scale reading for billing purposes. The County shall inspect the wholesale meter(s) at least annually for accuracy and if needed, re- calibrate the meter(s). Wholesale meter(s) is found to be in error exceeding two percent (2 %) of true accuracy shall be recalibrated at the County's sole cost and to the satisfaction of the Parties. If the wholesale meter(s) is found to be inaccurate, a bill adjustment will be made to the flow -based component of the charge. The billing adjustment shall be based upon the difference between the inaccurate reading and the average flow for the twelve (12) month period that preceded the inaccuracy. In no case shall the period for which adjustments are sought exceed twelve (12) months. Individual customer metering shall be the responsibility of the City. The customer metering equipment shall remain the property of the City, and the City shall be responsible for the operation, maintenance, calibration and replacement of the meters. The City shall read the individual customer meters for billing purposes. 12. BILLING. 9 The County shall bill the City on a monthly basis. The City shall make payments to the County within fifteen (15) days from the bill date for the Purchased Reclaimed Water which shall include any unused Purchased Reclaimed Water which shall include any unused Purchase Reclaimed Water. A past due notice will be mailed to the City on the next monthly billing cycle if no payment has been made. The County may cease delivery of reclaimed water to the City if any invoice or bill is not paid in full within thirty (30) days of the date of the invoice or bill. Any invoice or bill may be disputed by the City in accordance with the County procedures applicable to handling billing disputes with utility customers. Reclaimed water service will be reinstated upon full payment of the invoice or bill, together with any service and late charges called for by County Resolution. 13. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this Agreement and through no fault of the County, the City, local, regional, state or federal governments, agencies or courts fail to issue necessary permits, grant necessary approvals, or require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water, then to the extent that such requirements shall affect the ability of either Party to perform any of the terms of this Agreement, or substantially affect the County's ability to deliver reclaimed water under this Agreement, the affected Party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the Parties hereto in conformity with such permits, approvals, or requirements. 14. DEFAULT, TERMINATION, ASSIGNMENT. (a) Each of the following occurrences shall be considered a default by the City and a breach of this Agreement for which the County shall have the right (not exclusive as to other available remedies) to terminate this Agreement at any time and without penalty, upon sixty (60) days prior written notice to the City: (i) the City fails to receive and use reclaimed water made available by the County within the North Wholesale Area as provided in Paragraphs 8(a) and (b), herein, (ii) the City fails to pay any invoice or bill described in Paragraphs 6, 9, 10 or 12, herein, or Exhibit "E" in full within the timeframes specified, (iii) the City fails to provide any easement as described in Paragraphs 6 or 10, herein, above within the timeframes specified therein, (iv) the City fails to complete all connections required in Paragraph 6, herein, within the timeframes specified therein, (v) the City fails to comply with any of its agreements and obligations set forth herein. (b) Each of the following occurrences shall be considered a default by the County and a breach of this Agreement for which the City shall have the right (not exclusive as to other 10 available remedies) to terminate this Agreement at any time and without penalty, upon sixty (60) days prior written notice to the County: (i) the County fails to provide reclaimed water pursuant to Paragraphs 7 and 8, herein, or (ii) the County fails to comply with any of its agreements and obligations set forth herein. (c) The County shall have the right to transfer all or any part of its facilities to another supplier and to assign all or any part of their rights and obligations under this Agreement to an alternate supplier, who shall be bound by and accept, and be exclusively responsible for all applicable terms and conditions of this Agreement. (d) The City shall have no right to assign this Agreement, provided specifically, however, that this Agreement shall not preclude the City from assigning operation and maintenance responsibilities of the City Distribution System to a third party. (e) Notwithstanding any provisions herein to the contrary, no default by either Party hereto shall result in a termination or limitation of any rights of such Party hereunder unless and until the other Party shall have notified the defaulting Party in writing of said default, and the defaulting Party shall have failed to cure said default within thirty (30) days after the receipt of said written notice or within such longer cure period as may be provided elsewhere in this Agreement. (f) The provisions of this Agreement shall be enforceable by specific performance which shall be the exclusive remedy of the Parties in the event of a default which is not cured within the applicable cure period. In the event this Agreement is terminated by the County due to a default by the City, the City shall remain liable for any invoices or bills issued by the County to the City prior to any such termination. (g) Neither party shall be liable to the other party for consequential damages. 11 15. NOTICES. Any notice, demand, consent, or communication that any Party is required or allowed to give to any other Party hereunder shall be in writing and either served personally by hand - delivery, or by overnight courier service, such as Federal Express, or by United States Postal Service certified mail, postage prepaid, return requested, addressed to the Party at the address set forth opposite the Party's name below, or at some other address as the Party shall have specified by written notice to all the other Parties hereto and delivered in accordance herewith: City: City Manager City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 With a copy to: Utilities Director 1810 A.D. Mims Road Ocoee, FL 34761 County: Director, Orange County Utilities 9150 Curry Ford Road Orlando, FL 32825 With a copy to: County Administrator Orange County Government 201 S. Rosalind Ave., 5 Floor P.O. Box 1393 Orlando, FL 32802 -1393 Any Party shall notify the others in writing of a change of address for Notices under this Paragraph, at least thirty (30) days prior to the effective date of the address change. 16. INSPECTION. When the County deems it reasonably necessary, the County shall have the right, following written or oral notice to the City, to inspect all or portions of the City Distribution System. 17. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal Parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal Party hereto. 12 18. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the Parties contained therein are not materially prejudiced and if the intentions of the Parties can continue to be effectuated. To that end, this Agreement is declared severable. 19. NON- WAIVER. The failure of any Party to insist upon the other Party's compliance with its obligations under this Agreement in any one or more instances shall not operate to release such other Parties from their duties to comply with such obligations in all other instances. 20. INDEMNIFICATION. To the extent permitted by law and without waving sovereign immunity, the City shall indemnify and hold harmless the County from any and all claims, actions, and judgments, including all costs of defense and attorney's fees in defending against same and regarding property damage or bodily harm, arising from and related to the City's negligent use of the County's reclaimed water or facilities provided pursuant to this Agreement. For purposes of this Paragraph, the City's acts include the acts of any of the City's agents and /or employees, consultants, contractors, their subcontractors, or the persons for whom they are responsible. 21. DISPUTE RESOLUTION. All claims, disputes and other matters in question between the Parties arising out of, or relating to, this Agreement or its performance or breach shall be resolved in accordance with the following steps in the following order: (a) negotiation;(b) non - binding mediation; and (c) judicial resolution. All claims, disputes and other matters between the Parties shall first be addressed between the City's Operations Manager and the County's Utilities Engineering Manager, who will promptly confer in an effort to resolve the dispute. If no resolution is reached, the complaint or dispute shall be submitted in writing to the City's Utilities Director and the County's Utilities Director. Within ten (10) days after delivery of such notice, representatives of both Parties will meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the disputing Party's notice, or if the Parties fail to meet within ten (10) days if practicable and possible, either Party may submit the dispute to non- binding mediation. A Party submitting a dispute to non - binding mediation (the "Requesting Party ") shall do so by delivering to the other Party a notice demanding or requesting, as the case may be, mediation of the dispute and providing a list of three mediators acceptable to the Requesting Party. Within ten (10) days after the receipt of the notice from the Requesting Party, the other Party shall, in writing, provide a notice either choosing one mediator from the list provided by the Requesting 13 Party or offering a list of three additional mediators for consideration. Within ten (10) days of Requesting Parties receipt of the notice, the Parties shall mutually agree and appoint a mediator from the lists provided. To the extent practicable, the mediator shall have special competence and experience with respect to the subject matter under consideration. No mediator, appointed, shall have the power to amend or add to this Agreement. Within twenty (20) days after the mediator is named, a time and date for the mediation shall be scheduled and documented in writing. The mediation will be conducted expeditiously and the location of the non - binding mediation will be the Orlando, Florida metropolitan area. The mediator thereupon shall proceed promptly to hear and determine the controversy. The mediator shall fix a time within which the matter shall be submitted to him or her by both of the Parties. Any settlement achieved through mediation shall be confidential and made in writing and in duplicate, and one copy shall be delivered to each of the Parties. For all dispute resolution methods, including non - binding mediation, each Party shall pay their respective attorneys fees, expert fees, expenses and court costs, as applicable. The Parties shall equally share in the expenses for the mediator. If no resolution is reached, either Party can submit the dispute for judicial resolution. However, no legal proceeding or action may be brought by either Party without first completing the above - described dispute resolution process, unless one of the Parties refuses to participate in the above - described dispute resolution process in contravention of this provision. 22. APPLICABLE LAW. (a) This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any litigation arising out of this Agreement shall be had in the federal or state courts located and lying within Orlando, Orange County, Florida. (b) The City agrees to join in any application for a required license, permit or other regulatory approval process necessary or appropriate for the operation of the system, which is the subject matter of this Agreement. (c) This Agreement shall be construed as a wholesale reclaimed water service agreement and shall not be construed as a construction contract. 23. CONDITION PRECEDENT. The Parties hereto understand and agree that the negotiation of this Agreement has been contingent upon the simultaneous negotiation of the "City of Ocoee / Orange County Reclaimed Water Territorial Agreement" and that a substantive part of the consideration given by each Party for this Agreement is the receipt by each Party of the benefits of the "City of Ocoee / Orange County Reclaimed Water Territorial Agreement." Therefore, this Agreement shall not become effective unless and until the "City of Ocoee / Orange County Reclaimed Water Territorial Agreement" has been fully executed and becomes effective as between the Parties. In the event this Agreement is executed by the Parties, but the "City of Ocoee / Orange County Reclaimed 14 Water Territorial Agreement" is not executed by either or both of the Parties, then this Agreement shall remain ineffective and not binding on either Party. 24. ENTIRE AGREEMENT. This Agreement and the Exhibits attached hereto constitute the entire agreement and understanding between the Parties and shall supersede and replace any and all prior or contemporaneous representations, negotiations, statements, understandings, or agreements between the Parties, whether verbal or written, relating to the matters set forth herein. The Parties hereto fully understand the terms and conditions of this Agreement have entered into this Agreement voluntarily and have received or had the opportunity to receive independent advice and legal counsel. 25. MODIFICATION. This Agreement may only be modified or amended by an instrument in writing agreed to and executed by the Parties hereto or their successors in interest. (Remainder of page left intentionally blank) 15 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates set forth under each signature. COUNTY: ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Teresa Jacobs Orange County Mayor Date: Attest: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk CITY: CITY OF OCOEE By: S. Scott Vandergrift, Mayor Date: ATTEST: By: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2012 LEGALITY this day of UNDER AGENDA ITEM NO. , 2012 SHUFFIELD LOWMAN & WILSON P.A. By: City Attorney 16 EXHIBIT "A" North Wholesale Area 17 e ` �+''/ • � _ � WMGfPR �K RO EMLGORMCKRD � } ' �7 tv �.if.T, S_. ...... Mies .. ., r - , � r ' , , � 7 i 1 l a A, ,,t,,,,,,.,,, _ / i ....„/ 34144,1ii:g:frir:**V0,091° ': .i:. ,..- rsucru :e 40_ r/ba.1°.fiXe‘fire4li: Iffe14/4Artiti°i/ti A , r ,!,, ' .-„/,' ',, . jr04 +A. , 0 .--e, ,,,:_!... f zfiod,e4 )firel;91,":04.1444 ' ' ' fill jp, / / f l . 1,4ire.-i.e-- .0.,,,440 ... . e,,;.: ,11, / WI i (fro/ j , ‘+...- eggije**frj14#1-/X1 idt04 ' / A „,,,,,, , 4, ,Ifi ,) ,_; 01 0161 4 -4W 1 /:" ;IC g:;:%*Iftale401 ' / pre 4r4.11/>/t /e ' '' ''' .,'" -. 4/ .r. - , s 'r / eve l o _:, litlig,....lp .lirr.:,.., /0:7*.ey., d � l / / ,.. -,4 1 4■ - / A Y �( r �' ^ -- ' r ..t KE'UtAUtlil ny5¢rt/r4AN6R �' T lV6KNEY IA 1! 4 . i :AAfttP OWEERO _____% u� - 1 ... -.... ' n s � I . �- ¢r 1. -...._ 1 F' -'�A 1HV` — i -`� 5 1 � °rra+c , v 4 a . <, ti E �� ` f / 1 C,( ( rth lesale Area Bound ry 1 = iF`� t .....T _ ........1....:::9,. �MRptt:�7L. I j 0 ��n - F ' { : oee City L m is ( .- ----^ t M1 P nca orated Terrtor � - (�7 1-T- -� - ► �, ,> l ' - •r i 4 . { ! r' � d d other Municipalities April 2012 Whoeement o North lesale Wholesale Area Exhibit A EXHIBIT "B" COUNTY'S TURNOUT LOCATION 18 EXHIBIT "B" / t ______ N ORANGE COUNTY NORTHWEST WATER RECLAMATION FACILITY . — 1 — I \ Facility Fence Line • , _■11 - ,-E0 ,,. (0. a. 6 Existing 24" OC RWM - - .....-- '••,,... ' r \--- , _ 1 Orange County Utilities Facility Fence Line 0 New 24 RWM Reclaimed Water Master Meter =6 (To Be Constructed (To Be Installed by OCU) * c :-: by OCU) \ ...... ____ 24". DIFLRU (446651 '419r. Wil.,MeGo.rimiek ,_,Ik'oadl 7- \ \ 20' Wide Progress - '' NWRF Property Line Energy Easement \ Turnout Location 4 (Ocoee's Point of Connection) L ....,s e ar "E. . Legend NWRF Property Line — Progress Energy Easement Line „____ -- —..— Faulty Fence Line 1 * Approximate location. Actual location to be determined in the field. ----:- -*:-. : ---- - .. .-- _ .. , EXHIBIT "C" Distribution System, Extensions and Reclaimed Water System Connection Points 19 Beach Ave Orange County Utilities Northwest c Ciarcdna N Hill D` • Water Reclamation Facility Park x: J J W E Section Dr d r 4 V A •t ` x u E _ - S J S ( rn w H y ix - _' o 4 t L Y t 0 250500 1,000 1,500 ° a ti ° m ,n 3 ie t' � 16" o Feet ValteY Dr 16" - N 7 we= mein im sae r• Mccormick Rd W E Mctormick Rd prill 429 m ; # 415 r # 1 O< < • I z ° ti r T rout r ° * ���t � � y C ; Lake Lank w di 4 ` Future Storage d 1 ' 6 j f 6, Repump Facility - lute A 1 6 * I T * �' �d� r• r• ` � � � Forest Lake rout c ' ” ftimaipm • Ctuboe • 42 9 NM Lake 11" ` . sr s r . Apopka; WHOLESALE SERVICE AREA ` r �, $ I L a 1 . • F uture Stora a and P °rest Lake Y 9 Gott crab � ii i 1 ' 1 •. . . d 11111 i S�1•• u �aawas N n 7,tt i g r "` I ' � LEGEND 400 3 t "` A °e � RW S ystem Connection Point '. U ' RW tem r0 • Reclaimed Facility West onnection Point ,.• ' e? T ■ Phase I Future WRWSA Pipe ° ee i 4; • " d ii CENTRAL SERVICE AREA I I ' --I 1 — Existing Wholesale RWSA Pipe a • 0 I / 3 -- Existing Central RWSA Pipe • �. * ! • — Future Corridor Pipe . • - �" "" " " " " ( - - r - -- .... Existing Golf Course Pipe ,. 2nd Ave ¢q T . -••.. .. w I V'7"_ Lai, o t' , J 1 c: ter „f,K. '...1 Sub- Service Areas . k. v I �` r _ _ r Reclaimed Service Area © City of Ocoee im of R Wholesale Reclaimed Water Service Area ( WRWSA) Exhibit c Distribution System, Extensions and RW System Connection Points G: \Ogis \G: \Ogis\6763 -Ocoee North Reclaimed Water Expansion \PDF\WRWSA Reclaimed Plan Update - Exhibit C.rnxd EXHIBIT "D" Ownership and Maintenance Responsibilities 20 EXHIBIT "D" N i ORANGE COUNTY NORTHWEST WATER RECLAMATION FACILITY ,. Facility Fence Line o , A _... / if re J Existing 24 " Orr RWM �'."` Orange County Utilities o Facility Fence Line Reclaimed Water Master Meter / New 24" RWM (To Be Installed by OCU) * (By OCU) ..,/-- .. A — -- 4 ..DIP.RU -- — W Mato Roa t] 20' Wide Progress =. NWRF \ Energy Easement Property Line ct Turnout Location (Ocoee's Point of Connection) - + p . Legend NWRF Property Line — — Progress Energy Easement Line Faculty Fence Line To Be Owned and Maintained by OCU To Be Owned and Maintained by Ocoee * Approximate location. Actual location to be determined in the field. EXHIBIT "E" Conditions of the Temporary Potable Water Service 1. This Exhibit "E" provides only for the temporary use of County potable water for irrigation purposes, and shall be subject to the provisions of the Agreement to which this exhibit is appended, and in particular to the termination provisions of Paragraph 6, thereof. Temporary jumper connection from potable water to reclaimed water pipelines through a physical or wet tap connection, including a backflow prevention device, are currently installed at the Windsor Landing, Orchard Park, Westyn Bay, Forest Brooke, McElroy Place, and Crown Point PUD Subdivisions. 2. Maintenance of all facilities downstream of the outlet valve of the temporary jumper connection backflow prevention device up to and including the curb stop and meter will be the City's responsibility. Failure to repair any leaks immediately upon notification or at a time mutually agreed to between the City and County will result in the County making repairs and back charging the City for all repair costs, administrative and overhead fees, which shall be paid by the City, immediately upon request. 3. The City shall provide copies of annual backflow test /repair results to the County due on the anniversary date of this Agreement. Failure to provide this documentation when due may result in County arranging for testing and repair of the device and back charging the City for those costs plus administrative and overhead fees, which shall be paid by the City, immediately upon receipt. 4. Installation of additional potable water meters will be the County's responsibility, as the potable water service provider. Purple boxes, for reclaimed water, will be installed with the meters. An approved backflow prevention device must be installed by the builder /owner prior to setting the meter and initiating potable domestic water service. The City shall not issue certificates of occupancy for single family residential homes that have not had an approved backflow prevention device installed on the potable water service line. County will not install a potable or reclaimed water meter on any residential service that does not have a backflow prevention device installed. Maintenance and testing of the backflow prevention device will be the responsibility of the City. 5. To minimize delays of the above mentioned certificate of occupancy, the City's Building Department will notify the builder of this requirement, upon issuance of the building construction permit. 6. Installation, maintenance and monthly reads of the meters and boxes will be performed by the County. Customers will be billed for the volume of water used plus the Minimum Monthly Fixed Charge based on the meter size. 21 7. As part of the transition of the customers to the City's reclaimed water system, the County and the City will conduct a final reading of all meters, and will coordinate their efforts in a way that will minimize disruption to the customers. 8. The City will remove the existing meter, install a new meter in its place, and create a written record of each meter removed to include date, address, and meter serial number. This list along with all meters will be delivered to the County within 24 hours of removal. Ownership and maintenance of the reclaimed meter boxes will then belong solely to the City. 9. Since two separate services are being provided, there will be no transition of water deposits or customer balances to the City. When the use of potable water for irrigation is terminated, the County will bill and collect all balances due from the customer and make any refunds directly to the customer. 10. County reserves the right to cease providing potable water upon fifteen (15) day notice to the City and residents in the event of a declared water shortage or permit or regulatory agency issues regarding the use of potable water for irrigation. 11. The County reserves the right to reduce flows if the County determines that it is necessary to do so. 22