Item VII (B) Discussion/ Action re: Effluent Disposal - (1) Ocoee/Winter Garden lnterlocal Agreement 2) Addendum No. 98-3 to Agreement for Consulting Engineering Services between Ocoee and PEC to be paid by the City of Winter Garden Agenda 7-7-98
o2. Item VII B
vp
i or JAMES W. SHIRA,P.E.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: July 1, 1998
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E.
City Engineer/Utilities erector
SUBJECT: Ocoee/Winter Garden Interlocal Agreement
In October 1997 I brought before the City Commission a request to authorize staff and our
consultants to work with the City of Winter Garden to develop a conceptual wastewater reuse
and effluent disposal plan that would benefit both cities. The plan we envisioned would enable
both cities to work together to minimize construction costs while maximizing the amount and
effective use of treated wastewater effluent. The authorization was granted, and we have since
had several meetings with our consultants, Professional Engineering Consultants, Inc. (PEC),
Andreyev Engineering, City of Winter Garden staff,the St. John's River Water Management
District and the Florida Department of Environmental Protection(DEP)to discuss the proposed
plan. As a result of those discussions, we have received conceptual approval of our plan from
DEP and the St. John's River Water Management District.
The proposed plan calls for Ocoee and Winter Garden to share equally in the cost of a pipe that
will run between the Forest Lakes golf course and Winter Garden's existing rapid infiltration
basin(RIB) effluent disposal site on Ocoee-Apopka Road. This pipe will serve two purposes.
During most of the year, effluent from Winter Garden's plant will be pumped through the pipe to
the golf course, where it will be used for irrigation. The effluent from Ocoee's plant which is
currently being used by the golf course will then be available for use along Clarke Road and
nearby developments. During wet periods of the year, when the demand for irrigation is reduced,
effluent from Ocoee's plant will be pumped through the pipe to the RIB site, for filtration
through the soil and eventual discharge to Lake Apopka. Both Ocoee and Winter Garden will
need to make certain improvements to their wastewater treatment plants to enable them to
implement this plan. The improvements to Ocoee's plant are currently under design by PEC.
Due to PEC's familiarity with the project, Winter Garden has determined that the most cost
effective design of their plant improvements would be realized by also using PEC's design
THE PRIDE OF WEST ORANGE vc3
services. To that end,the attached proposed Interlocal Agreement allows each city to use the
other's existing design services contracts to the extent required to implement this plan.
Attached for your review and action are two documents. The first is an Interlocal Agreement
between Ocoee and Winter Garden. This agreement lists the responsibilities of each city in order
to implement the proposed regional effluent disposal/reclaimed water system.
The second is Addendum No. 98-3 to PEC's contract with Ocoee. This Addendum, and the
referenced PEC Proposal No. P-8126/P-8130, describes the work to be performed by PEC and
their fee, for the design of the Winter Garden plant improvements.
While this is an Addendum to the Consulting Engineering Services Agreement between Ocoee
and PEC,the referenced services are to be performed by PEC for the City of Winter Garden, and
PEC's engineering services fee is to be paid directly by the City of Winter Garden. By using
PEC for their plant improvement design, Winter Garden will be able to complete design and
construction of the required improvements concurrent with the completion of Ocoee's
improvements.
Approval of this Addendum and Interlocal Agreement will enable Ocoee and Winter Garden to
proceed with the development of their regional effluent disposal/reclaimed water system.
I recommend that the City Commission authorize the Mayor and City Clerk to:
1) execute the Interlocal Agreement between Ocoee and Winter Garden, and
2) execute Addendum No. 98-3 to the Agreement for Consulting Engineering Services
between Ocoee and PEC for the not-to-exceed fee of$108,598.00, such fee to be paid
entirely by the City of Winter Garden.
Attachments
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made this day of , 1998, by and
between the CITY OF WINTER GARDEN, FLORIDA, a Florida municipal corporation
(hereinafter referred to as "Winter Garden") and THE CITY OF OCOEE, FLORIDA, a Florida
municipal corporation (hereinafter referred to as "Ocoee"), collectively referred to as the
"parties."
RECITALS
WHEREAS, Ocoee owns and operates a 3.0 MGD wastewater treatment system that
produces public-access quality effluent; and
WHEREAS, Ocoee owns and operates a reclaimed water system providing reclaimed
water to the Forest Oaks Golf Course and is designing and permitting an expansion of its City-
wide reclaimed water program; and
WHEREAS, Winter Garden owns and operates a wastewater treatment system that
produces an advanced secondary effluent that is programmed to be upgraded to public-access
quality effluent; and
WHEREAS, Winter Garden owns and operates an underdrained rapid infiltration basin
(RIB) system with effluent disposal capacity (2.0 MGD); and
WHEREAS, Winter Garden and Ocoee desire to establish an agreement under which a
regional effluent system will provide an expanded reclaimed water program for Winter Garden and
Ocoee and additional wet weather disposal for Ocoee; and
WHEREAS,Winter Garden and Ocoee desire to provide cost-effective and timely design
and permitting services for the regional reclaimed water program; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, it is agreed as follows:
Section 1 - Incorporation of Recitals. The foregoing recitals are true and accurate and are
incorporated herein by reference.
Section 2 - Purpose. The purpose of this Agreement is to facilitate a regional effluent
disposal/reclaimed water system that shall be used jointly by the City of Winter Garden
1 0E-253
and the City of Ocoee. The implementation of the regional effluent disposal/reclaimed
water system shall result in the reduction of total nutrient loadings into Lake Apopka. The
initial phase of the reclaimed water program will allow Winter Garden to dispose public-
access quality effluent to the Forest Lake Golf Course. The Forest Lake Golf Course is
currently permitted to accept up to 1.0 MGD (at'erage annual) of public-access quality
effluent. Ocoee will divert public-access effluent from the Forest Lake Golf Course to the
new City-wide reclaimed water storage, pumping, and distribution system. Ocoee's
expanded reclaimed water program will provide reclaimed water to residential, commercial
and open space along the Clarke Road corridor from S.R. 50 to Ocoee Clarcona Road.
Concurrently the City of Ocoee will have access to the underdrained rapid infiltration basin
(RIB) system owned by the City of Winter Garden. The City of Ocoee will only use the
Winter Garden RIBS during wet weather conditions for disposal of up to .25 MGD
(average annual). Ocoee will send wet weather flows up to 1.0 MGD for a maximum of
90 days to the Winter Garden RIB system. The purpose of this Interlocal Agreement is
to enable Winter Garden and Ocoee to share effluent disposal facilities and reduce the
capital expenditures paid by the respective utility customers. Winter Garden and Ocoee
agree to allow either City use of existing continuing engineering/hydrogeological services
to implement the design and permitting of the Regional Reclaimed Water Program.
Another benefit of the regional concept for effluent disposal/reclaimed water system is to
maximize the quantity of public-access quality effluent from both parties that is available
for reclaimed water.
Implementation of Phase 1 of the Regional Effluent Disposal/Reclaimed Water Program
will require the following improvements:
Winter Garden shall be responsible for the design. permitting and construction of
the following capital improvements: (Within 18 months of the effective date of this
agreement):
1. High level chlorination and filtratipn at the treatment facility or pumping
facility.
2. 3,500 feet of 12-inch transmission main from the existing underdrain
collection system to the storage and holding pond(s) at the Forest Lakes
Golf Course. The cost of design, permitting, and construction of the
transmission main shall be divided evenly between Winter Garden and
Ocoee.
3. Any other reclaimed water related capital improvements at Winter Garden's
treatment facility or RIB system that may be required by the approved
Florida Administrative Code as implemented by the Florida Department of
Environmental Protection (FDEP).
2 OE-253
Ocoee shall be responsible for the design. permitting and construction of the
following capital improvements: (Within eighteen months of the effective date of
this agreement):
1. Reclaimed water pumping and storage facilities at A.D. Mims Treatment
Facility.
2. Reclaimed water distribution system along A.D. Mims Road and Clarke
Road.
3. 3,500 feet of 12-inch transmission main from the existing underdrain
collection system to the storage and holding pond(s) at the Forest Lakes
Golf Course. The cost of design, permitting, and construction of the
transmission main shall be divided evenly between Winter Garden and
Ocoee.
4. Nutrient reduction capital improvements of the Ocoee Wastewater
Treatment Facility to meet advanced-secondary treatment as required by the
existing wastewater operating permit issued by FDEP.
5. Any other reclaimed water related capital improvements at Ocoee's
treatment facility that may be required by the Florida Administrative Code
as implemented by the Florida Department of Environmental Protection
(FDEP).
Section 3 - Conditions Precedent. All rights, obligations and liabilities of Winter Garden
and Ocoee under this Agreement shall be subject to the satisfaction of the following
conditions precedent:
1. The complete execution of this Interlocal Agreement by Winter Garden and
Ocoee.
2. No action, suit, proceeding or official investigation shall have been
threatened, announced, or commenced by any person or federal, state or
local governmental authority or agency that seeks to enjoin, assess civil or
criminal penalties against, assess civil damages against, or obtain any
judgment, order or consent decree with respect to either party hereto, in
connection with their respective representations and obligations under this
Interlocal Agreement.
3. The parties shall exercise good faith and due diligence in satisfying the
conditions precedent set forth immediately above.
3 OE-253
Section 4 - Representations of Ocoee. Ocoee makes the following representations to
Winter Garden:
1. Ocoee is duly organized and in good standing under the laws of the State
of Florida, and is duly qualified and authorized to carry out the
governmental functions and operations set forth in this Agreement.
2. Ocoee has the power, authority, and legal right to enter into and perform
the obligations set forth in this Agreement, and the execution, delivery and
performance hereof by Ocoee (I) has been duly authorized by the City
Commission of the City of Ocoee; (ii) does not constitute a default under,
or result in the creation of any lien, charge, encumbrance or security
interest upon the assets of Ocoee, except as otherwise provided herein.
Section 5 - Representations of Winter Garden. Winter Garden makes the following
representations to Ocoee:
1. Winter Garden is duly organized and in good standing under the laws of the
State of Florida, and is duly qualified and authorized to carry on the
governmental functions and operations set forth in this Agreement.
2. Winter Garden has the power, authority, and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution,
delivery and performance hereof by Winter Garden (I) has been duly
authorized by the City Council of the City of Winter Garden; (ii) does not
constitute a default under, or result in the creation of any lien, charge,
encumbrance or security interest upon the assets of Winter Garden, except
as otherwise provided herein.
Section 6 - Statutory Authority, This Agreement shall be considered an Interlocal
Agreement pursuant to Chapter 163.01, F. S. A true and correct copy of this Agreement
shall be filed with the Clerk of the Circuit Court in Orange County.
Section 7 - Effective Date: Commencement of Seryice: Term of Agreement
1. The effective date of this Agreement shall be the date of the signature of the
last party to sign this Agreement (the "Effective Date").
2. The commencement of service shall occur on March 31, 1999, or on an
earlier date mutually agreed to by the parties (the "Commencement Date").
The commencement is, however, contingent upon receipt of all applicable
permits from FDEP and OCEPD. A delay in the obtainment of said
permits may cause day-for-day time delay in commencement, but in no
4 0E-253
event shall such delay in commencement exceed one (1) year. The
Commencement Date under this Agreement may be extended by either
party upon thirty (30) days' prior written notice to the other party for a
period not-to-exceed one (1) year after March 31, 1999. In the event both
parties are unable to obtain all of the required permits by March 31, 1999,
then the Commencement Date of this Agreement may be extended only by
the mutual agreement of the parties. References to the Commencement
Date shall include any extension authorized herein.
3. The term of this Agreement shall be for a period of 10 years beginning on
the Commencement Date of this Agreement.
Sections 8 - Duties of the Parties Prior to the Commencement Date
1. Prior to the Commencement Date, each party shall acquire all necessary
easements and rights-of-way to effectuate the purposes of this Agreement.
2. Each party will cooperate with the other party in obtaining any and all
regulatory permits necessary or convenient to the operation of the
effluent/reclaimed water disposal system. Each entity is authorized to use
any existing professional services contract to complete the design and
permitting of the Regional Reclaimed Water Project.
3. Not later than one year after the Commencement Date, Winter Garden shall
have completed all identified (Section 3) improvements and infrastructures
that Winter Garden is responsible to complete, including, but not limited to,
pipelines and disinfection improvements excluding those improvements and
infrastructures required to be provided by Ocoee.
4. Not later than the Commencement Date, Ocoee shall have completed all
improvements and infrastructures identified (Section 3) that Ocoee is
responsible to complete, including, but not limited to, pipelines, reclaimed
water storage and pumping facilities and nutrient reduction treatment.
5. The point of connection between the two systems shall be at a location
where the respective facilities boundaries meet, the exact site will be
mutually agreed upon at a later date.
6. Winter Garden and Ocoee shall bear all expenses to design, permit and
construct improvements and infrastructures as identified in Section 3
respectively necessary to ensure efficient transfer and distribution of treated
effluent and reclaimed water pursuant to the terms of this Agreement.
5 0E-253
7. All construction of improvements and infrastructures shall be in accordance
with all applicable federal, state, county or municipal laws, ordinances and
regulation.
8. The schedule for completion of the capital improvements necessary to
implement the proposed Regional Reclaimed Disposal is attached as Exhibit
IIA 11
Section 9 - Wet Weather Capacity. On and after the Commencement Date and during wet
weather conditions, Winter Garden agrees to accept advanced-secondary quality effluent
from Ocoee in an amount equal to an annual average of 250,000 gallons per day. The Wet
Weather Capacity shall remain fixed for each 10 year period of this Interlocal Agreement;
the first such period shall begin on the Commencement Date. Winter Garden and Ocoee
shall, one (1) year prior to the expiration of each 10 year term, negotiate any adjustments
to the Wet Weather Capacity. Such adjustments',to the Wet Weather Capacity shall be
made only upon mutual agreement of the parties. In the event that the parties fail to adjust
the Wet Weather Capacity, the Wet Weather Capacity for the immediately following 10
year period shall remain at its then current level.
Section 10 - Reclaimed Water Capacity. In order to operate as an integrated effluent
disposal system, an operating protocol will be established by the parties that is compatible
with the existing effluent system(s) such that both systems may operate as an integrated
regional effluent disposal system. An operating protocol shall be established such that both
systems may also operate independent of the other.
On or after the Commencement Date, the City of Ocoee agrees to accept public-access
level treated effluent from Winter Garden to provide irrigation at the Forest Lakes Golf
Course in an amount equal to an average annual 750,000 gallons per day. The Reclaimed
Water Capacity (up to .75 MGD) shall remain Fixed for each 10 year period of this
Interlocal Agreement, first such period shall begin on the commencement date. Winter
Garden and Ocoee shall, one (1) year prior to the expiration of each 10 year term,
negotiate any adjustments to the Reclaimed Water Capacity. Such adjustments to the
Reclaimed Water Capacity shall be made only upon mutual agreement of the parties. In
the event that the parties fail to adjust the Reclaimed Water Capacity, the Reclaimed Water
Capacity for the period shall remain at its current level.
Section 11 - Indemnificatiott
1. Ocoee agrees that it will indemnify and hold harmless Winter Garden to the
extent permitted by law, from any and all liability, claims, damages,
expenses, proceedings and causes of action of any kind and/or nature
arising out of or connected with Ocoee's management, control, use,
operation, maintenance or repair of the reclaimed water distribution
6 0E-253
facilities provided for hereunder subject to Section 768.28, F. S. Ocoee
agrees that it will, at its own expense, defend any and all actions, writs or
proceedings which are brought against Winter Garden and which arise out
of circumstances set out previously in this paragraph and that it will satisfy,
pay and discharge any and all judgments that may be entered against Winter
Garden in any such actions or proceedings.
2. Winter Garden agrees that it will indemnify and hold harmless Ocoee to the
extent permitted by law, from any and all liability, claims, damages,
expenses, proceedings and causes of action of any kind and/or nature
arising out of or connected with Winter Garden's management, control,
use, operation, maintenance or repair of the reclaimed water distribution
facilities provided for hereunder subject to Section 768.28, F. S. Winter
Garden agrees that it will, at its own expense, defend any and all actions,
writs or proceedings which are brought against Ocoee and which arise out
of circumstance set out previously in',this paragraph, and that it will satisfy,
pay and discharge any and all judgments that may be entered against Ocoee
in any such actions or proceedings.
Section 12 - Notices. All notices required pursuant to this Agreement shall be in writing,
and shall be delivered to the parties by United States mail, postage prepaid, as follows:
Winter Garden Representative
City of Winter Garden
City Manager
251 W. Plant Street
Winter Garden, Florida 34787
Ocoee Representative:
City of Ocoee
City Manager
150 N. Lakeshore Drive
Ocoee, Florida 34761
Section 13 - Permits and Approvals, The parties agree that the implementation of this
Agreement will be subject to the exercise of the regulatory authority by various state and
local agencies. Winter Garden and Ocoee agree that each entity will at its own expense
obtain and maintain any and all necessary governmental permits and approval for the
provision of effluent disposal through the underdrained rapid-infiltration basin system and
the reclaimed water distribution system. Winter Garden and Ocoee agree each shall use
its best efforts to assist in obtaining any such permits or approvals such that a volume of
properly treated wastewater can he disposed of on the property consistent with Section 3
hereof; and toward that end, shall execute and consent to the filing of any necessary
7 OE-253
documents and applications with governmental agencies to accomplish the purposes set
forth in this Section.
Reporting and Monitoring. Winter Garden and Ocoee agree that each entity shall
keep a daily log of the total gallons per day of effluent that is applied to the RIB
site and the Forest Lake Golf Course. This information shall be transmitted
monthly to each party. Each entity shall be responsible for the background
groundwater quality and compliance groundwater quality, sampling and reporting
as described in the respective operating permits, and shall provide copies of such
reports to other city.
Enforcement. A default by either party under this Agreement shall entitle the other
party to all remedies available at law or in equity, including, but not limited to the
right of damages, injunctive relief and specific performance.
Section 14 - Notice. Any notice or document required or permitted to be delivered under
this Agreement or the easement to be granted hereunder shall be in writing and shall be
deemed delivered at the earlier of 1) the date received, or 2) three (3) business days after
the date deposited in a United States Postal Service depository, postage prepaid, registered
or certified mail, return receipt requested.
Section 15 - Nonwaiver. Failure by either party to demand compliance with a provision
of this Agreement will not constitute a waiver of that party's right to demand compliance
with the provision thereafter.
Section 16 - Governing Law. This Agreement shall be governed, construed, and
controlled in accordance with the laws and rules of the State of Florida.
Section 17 - Recordation Upon execution of this ',Agreement, Winter Garden and Ocoee
shall have the right to record this Agreement in the Public Records of Orange County,
Florida, at their respective expense.
Section 18 - Time of the Essence. Time is hereby declared to be of the essence to this
contract.
Section 19 - Term/Modifications/Renewal.
1. This Agreement shall expire 10 years from the commencement date.
2. If for any reason during the term of this Agreement, any local, district,
state or federal governments or agencies shall fail or refuse to issue
necessary permits, grant necessary approvals, or shall require any change
8 0E-253
in the operation of the treatment plant, treated wastewater lines, irrigation
facilities, or the application and use of treated wastewater, then to the extent
that such requirements shall affect the ability of either party to perform any
of the terms of this Agreement, the affected party shall be excused from the
performance thereof. In such case, the parties shall attempt in good faith
to modify this Agreement to make it conform with the terms of such
required changes. Additionally, the parties to this Agreement shall be
excused from performing under this Agreement during such time as
prevented by act of God.
3. This Agreement may be modified pr the expiration extended at any time,
by mutual written consent of the parties.
4. This Agreement may be extended or renewed at the option of either party
for at least 3 additional 10 year terms as follows:
a. Between the 24th month and the 18th month prior to the expiration
date, either party may mail a Notice of Intention to Renew Effluent
Agreement to the other party by CER111-1hD MAIL to the address
set forth beneath the signature line, hereinbelow. Upon timely
mailing and receipt of sudh notice, the parties shall commence
negotiations for a new agreement or for an extension or a renewal
of this Agreement.
b. If the parties are unable to reach a new agreement, or agree upon
the terms for an extension or renewal, by the end of the 12th month
prior to the expiration date of this Agreement, either party may
invoke arbitration to determine the reasonableness of each party's
disputed proposals. The arbitration panel shall consist of three
residents of Florida, two of whom shall be selected by the
respective parties (one by each party), and the third shall be selected
by the other two arbitrators. If the two arbitrators fail to agree upon
the third, they shall request that the Presiding Judge for the Circuit
Court in and for Orange County, make the selection. The
arbitrators shall have power to determine and resolve all disputes
under the proposed new agreement, extension or renewal, except for
the following:
(1) Its term, which shall be three years.
(2) That the parties may be excused from the minimum or
maximum GPDs established by this Agreement.
9 OE-253
Section 20 - Grant of Easement. Winter Garden and Ocoee shall grant an assignable
easement over, upon, and under the property described in Exhibit A, that shall run
concurrently with the term of this Agreement, for the purpose of:
1. Installing and/or modifying treated wastewater lines to the existing effluent
disposal facilities;
2. Transmitting treated wastewater that meets the Florida Department of
Environmental Protection standards both as to the quality of such
wastewater and as to the amount of wastewater than can be discharged onto
Winter Garden's property via irrigation facilities and/or RIBS as they are
currently permitting or may be permitted and constructed in the future;
3. Detaining, retaining and storing treated wastewater in the RIBS system
when and if constructed and permitted for such use; and
4. Maintaining and operating the irrigation facilities as appropriate to allow
the discharge of treated wastewater onto the property and into the RIBS.
Section 21 - Severability. If any section, subsection, sentence, clause, phrase or portion
of this Agreement is for any reason held invalid' or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision of such holding, and such holding shall not affect the validity of the remaining
portions hereof.
Section 22 - Attorney's Fees. In the event of any litigation hereunder to enforce or
construe the terms of this Agreement, the prevailing party shall be entitled to an award of
its reasonable attorney's fees and court costs incurred in such action.
Section 23 - Successors and Assigns, This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective',successors and assigns.
Section 24 - Applicable Law, The laws of the State of Florida shall govern the validity,
interpretation, construction and performance of this Agreement. Venue for any suit
involving this Agreement shall be in Orange County, Florida.
Section 25 - Entire Agreement. This is the entire Agreement between the parties, covering
everything agreed upon or understood in the transaction, and supersedes all previous
letters, correspondence, drafts, and other agreements or documents on the same subject.
There are no oral promises, conditions, representations, understandings, interpretations,
or terms of any kind as conditions or inducements to the execution hereof in effect between
the parties. No change or addition is to be made to this Agreement, except by written
agreement executed by the parties.
10 OE-253
IN WITNESS WHEREOF, the parties have set their hands and seals on the dates below
stated.
Attest: CITY OF WINTER GARDEN
By:
CITY CLERK MAYOR
Dated;
Attest:
CITY OF OCOEE
By:
CITY CLERK MAYOR
Dated:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY this
day of , 1998
FOLEY & LARDNER
By:
City Attorney
11 0E-253
Exhibit "A"
The following schedule is planned to implement the Regional Reclaimed/Effluent Disposal System
as agreed between the Cities of Winter Garden and Ocoee.
Project Completion Date
1. 3,500 feet of interconnecting force January 1999
main
2. Reclaimed water storage and March 1999
pumping facility at Ocoee WWTF
3. Alum treatment facility at Ocoee March 1999
WWTF Reclaimed Water
4. Distribution System along A.D. March 1999
Mims Road and Clarke Road
5. Chlorination and filtration facilities at March 1999
Winter Garden Treatment Facility
12 0E-253
ADDENDUM NO. 98-3 TO
AGREEMENT FOR CONSULTING ENGINEERING SERVICES
INCLUDING
ENGINEERING DESIGN AND PERMITTING SERVICES FOR EXPANSION AND
IMPROVEMENT OF THE OCOEE/WINTER GARDEN REGIONAL RECLAIMED
WATER PROGRAM
This Addendum No. 98-3 hereinafter called the Addendum, as of this 19th day of June,
1998, shall constitute an Addendum to the Agreement for Consulting Engineering
Services between the City of Ocoee, Florida (the CITY) and Professional Engineering
Consultants, Inc., 200 East Robinson Street, Suite 1560, Lake Eola Centre, Orlando,
Florida (the CONSULTANT), dated the 21st day of August, 1984, hereinafter referred
to as the AGREEMENT.
WHEREAS, the CITY and CONSULTANT entered into an AGREEMENT whereby the
CITY retained the CONSULTANT to provide professional engineering services as
required from time to time, and WHEREAS the CONSULTANT will perform consulting
engineering services for the CITY as herein defined.
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter
set forth on the part of both parties to be kept and performed, the parties do mutually
agree as follows:
Section 1 - Services of the Consultant
1.1 The CONSULTANT shall perform the Engineering services as outlined in the
attached proposal P-8126/P-8130, revised as of June 19, 1998 relative to the
provision of consulting engineering services to the CITY.
1.2 The CONSULTANT shall perform the Engineering services as outlined in
accordance with the Winter Garden/Ocoee Interlocal Agreement for a Regional
Reclaimed/Effluent Disposal System.
Section 2 - Compensation
2.1 Compensation by CITY for engineering services provided under this Addendum
shall be computed under Paragraph 6.1.2.3 of the Agreement, utilizing the
Hourly, Not-To-Exceed Method of Compensation with the compensation for this
authorization not-to-exceed $108,598.00, without further authorization from the
CITY.
2.2 The compensation for engineering services shall be paid by the City of Winter
Garden. The CONSULTANT acknowledges that the City of Ocoee is not
obligated to compensate CONSULTANT for engineering services.
Section 3 - Time of Completion
3.1 The CONSULTANT shall provide the design and permitting related services
within four (4) months from receipt of Notice-To-Proceed, bidding and
construction period is currently anticipated to require twelve (12) months.
IN WITNESS WHEREOF, the parties have executed this Addendum No. 98-3 the day
the year hereinabove set forth.
� • �I!/ By:
ATTEST: / Kenneth R. Hooper, Principal
Date: e- Jc9
G:\cler\env\oe\ocoee98-3.AND
BOARD OF CITY COMMISSIONERS
CITY OF OCOEE, FLORIDA
By:
ATTEST: S. Scott Vandergrift, Mayor
Date:
For the use and reliance
of City of Ocoee only.
Approved as to form and
legality this
day of , 1998.
City Attorney
G:\clerlenv\oelocae698-3.AND
J `
PEC \ JUN 1 91998
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
June 19, 1998 P- /
MK-04
Mr. John Kirby, P.E. Mr. James W. Shira, P.E.
City Engineer City Engineer/ Utilities Director
City of Winter Garden City of Ocoee
251 W. Plant Street 150 N. Lakeshore Drive
Winter Garden, Florida 34787-3011 Ocoee, FL 34761
Re: City of Winter Garden
Wastewater Treatment Facility Fee Proposal
Dear Messrs. Kirby and Shira:
Professional Engineering Consultants, Inc. (PEC) and Andreyev Engineering are pleased
to present an engineering proposal for the design, permitting, construction drawings and
bidding assistance for the addition of automatic'backwash (ABW) filters and a chlorine
contact tank at your existing wastewater treatment facility. Our proposal is based on the
mutual understanding we developed at our meeting of May 18, 1998 at your wastewater
treatment facility. Our proposal is for the addition of ABW filters rated at 2.0 MGD
which are expandable to 4.0 MGD, plus a condrete chlorine contact tank at 2.0 MGD
which is also expandable to 4.0 MGD. The addition of filters, chlorine contact chamber
and associated pumping will result in the upgrading of the Winter Garden Treatment
Facility to achieve public-access level treatment. 'Upon completion of the described capital
improvements, the Winter Garden Facility will be able to supply reclaimed water to the
Winter Garden/Ocoee Regional Reclaimed Water System.
The basic design premise for upgrading of the existing treatment facility to public-access
level of treatment includes:
• The existing sand drying beds and/or the steel pressure filters will be
demolished and/or removed from the site.
• A new ABW filter and chlorine Contact tank will be constructed in the
general vicinity of the old drying beds and pressure sand filters.
• The ABW filter will connect to the effluent line from the existing final
clarifiers and the effluent will gravity flow through the new ABW filter and
the chlorine contact tank.
• The existing effluent pumps will be relocated to the end of the new chlorine
contact tank where they will pump effluent to the Winter Garden disposal
site.
We have prepared a preliminary construction cost estimate based on the cost of recently
constructed filters and concrete tanks. The construction cost is preliminarily estimated to
be $981,000.00.
re:neers
:ar're1s
r.eScrs 200 . reet • 3..7? • .r ar co 32.°0 • 4C72.22-e.062 • n 10 8,19-;4C'
Mr. John Kirby, P.E./Mr. James W. Shira, P.E.
June 19, 1998
Page 2
Our engineering services include the following:
1. Preliminary design and permitting services (including subconsultants)$28,996.00
2. Final design, construction drawings (including subconsultants) $31,020.00
3. Bidding Assistance $8,074.00
4. Construction Phase Services and Periodic Inspections $40.508.00
TOTAL DESIGN FEE $108,598.00
Based on the preliminary construction cost estimate of $981,000.00 our total fee for
preliminary design, permitting and construction drawings is 6.1% of the construction cost.
Attachment "A" is a description of each task anti the associated manhours. Attachment
"B" is a summary of the required manhours and hourly cost for each phase of the
assignment. Also included is a detailed description of the construction cost estimate.
The design/permitting phase is estimated to be four (4) months, the bidding phase is
estimated to be two (2) months and the construction phase is estimated to be ten (10)
months. The total schedule for design, permitting', bidding and construction is sixteen (16)
months.
Please review this proposal and contact me at your convenience.
Very truly yours,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Xa/(61-0-,12_
Kenneth R. Hooper
Principal
KRH/bk
g:\cler\env\pro98\p-8126/p-8130.1tr
ATTACHMENT A
MANHOUR ESTIMATES for CITY OF WINTER GARDEN
WINTER GARDEN FILTER AND CHLORINE CONTACT/ PUMP STATION
P-8126 Page 1
d Task:
NoRM.. . RPR. ; :
Task Description/Scope of Services. '' M.. Sr.E. : Tech' CAM : : WP Total
Premise: All information to be provided by the City is presumed to be accurate
information and no verification of this data will be required. Work under this
authorization shall not begin until all information which will enable the ENGINEER to
proceed with this assignment is received by PEC. The generation of new data which
may be required also is not included in this scope of services provided by this
proposal,except as specifically stated herein.
1. PREUMINARY DESIGN
A. Filter and Chlorine Contact/Pump Station
1. Review City As-Built drawings and data related to the site and proposed construction
and coordinate survey for elevations and pipe locations. 1 8 6 0 0 0 15
2. Review and compile City WW Operating data(influent,effluent,solids)for
incorporation into the FDEP permit application. 0 8 0 0 0 2 10
3. Prepare preliminary design for an ABW fitter,chlorine contact/pump station and
miscellaneous minor site demolitions and improvements. 2 40 48 0 0 10 100
4. Review the above with the City of Winter Garden and make revisions. 0 12 16 0 0 2 30
5. Coordinate geotechnical investigation to address subsoil and groundwater conditions
and general soil suitability including recommendations for foundation support and site
soil preparation and dewatering. 1 4 2 0 0 2 9
(The following only pertains to the selected configuration):
6. Prepare preliminary cost estimate. 0 4 4 0 0 1 9
7. Meet with City of Winter Garden staff to review preliminary engineering data,design
and estimates before proceeding with final design. 0 4 2 0 0 2 8
SUBTOTALTASK.IA-Preliminary:Design-'Chlorine<Contact'and Pump:Station - 4 80' 78 0 •0 ' '19 11/1:'
B. Permitting(FDEP Wastewater Treatment Construction Permit Application)
1. Develop a brief Preliminary Design Report(PDR)based on the criteria developed
above. 2 32 24 0 0 12 70
2. Complete FDEP Permit Application Forms 1 and 2A for the proposed improvements
as a"Major Modification"to the existing facilities. 0 12 6 0 0 2 20
i 3. Submit two(2)copies of the draft FDEP application package to the City for review and
revise accordingly. 0 8 4 0 0 4 16
4. Submit two(2)copies of the Preliminary Engineering Report and permit applications
to FDEP. City of Winter Garden to pay all permitting fees. 0 2 0 0 0 1 3
5. Respond to Requests for Additional Information(RAI)from the FDEP. 0 12 6 0 0 4 22
• SUBTOTAL.:TASK:IB_ PemuttinS 2 66 :::40 0:.. 0 23 :, 134,;:
SUBTOTAL.TASK1A4:1B:=,Preliminary:Desiign 6 146 118. . .. 0 ...: 0.. .. :::;42 .::1312.:-
.1;:',...113R098\P-8126AB.WB2
12;`__:'...1PR098\P-8126AB.WB2(05/27/98)
ATTACHMENT A
MANHOUR ESTIMATES for CITY OF WINTER GARDEN
WINTER GARDEN FILTER AND CHLORINE CONTACT/ PUMP STATION
P-8126 Pa•e 2
Task . . ........... _ ,: — --- -- --- -- --
NO WP Tota4
Task Desai foNS
pt cope otServices - • - P:M. Sr.E. Tech CAM. RPR
II. FINAL DESIGN
A. Final Design-Reuse HSPS&GST
1. Prepare Contract Drawings(24"x 36")as follows:
No.
Sheets Discipline Description
1 General Location Map/Notes
1 General Legends/Abbreviations
1 General Hydraulic Profile
1 General Equipment Location
1 Civil Site plan and geometry
1 Civil Grading and drainage
1 Civil Yard Piping
1 Civil Details,tie-in
1 CMI Demolitions
1 Mechanical Demolitions
1 Mechanical Filter,Plan
1 Mechanical Fitter,Sections
1 Mechanical Filter,Details
1 Mechanical Chlorine Contact/Pump Station,Plan
2 Mechanical Pump Station,Plan and Sections
2 Mechancial Details
4 Structural Filter,Plan/Foundation/Sections
3 Structural Chlorine Contact,Plan/Foundation/Sections
1 Structural Pump Station,Sections
2 Structural Details
1 Electrical Site Plan
3 Electrical Riser Diagram,MCC,Controls and Schem.
2 Electrical Details
1 Instrumentation Not Included
31 - Sheets Total 8 80 140 0 0 0 228
2. Prepare contract specifications with CSI format and NSPE General Conditions.
4 40 0 0 0 32 76
3. Meet with City of Winter Garden staff at 60%and 90%completion levels to review the
status of the work. 0 12 0 0 0 4 16
4. Furnish three(3)copies of completed contract documents to City of Winter Garden
and review with City staff. 0 4 8 0 0 1 13
5. Prepare final cost estimate. 1 8 8 0 0 2 19
SUBTOTALTACSKS2U4.-:E(nat:Design ......: t3
. :: ........... f9: 290<
G:�..1PR098\P-8126AB.WB2(05/27/98)
,
ATTACHMENT A
MANHOUR ESTIMATES for CITY OF WINTER GARDEN
WINTER GARDEN FILTER AND CHLORINE CONTACT/ PUMP STATION
r---
P-8126 Page 3
: task
:,......:.: .: „
Task Descri iorJB - :P.M.: Sr.E. Tech CAM. .:.RPR� WP l Total:
pt cope of Services i
iIIII. BIDDING SERVICES-
RECLAIMED WATER SYSTEM IMPROVEMENTS PROJECT
A. Provide courtesy sets of bid documents to the City and other entities that will make 0 2 2 0 0 4 8
them available for review by prospective bidders(six(6)sets are anticipated).
1 B. Sell bid documents to interested Bidders and suppliers at cost. 0 0 0 0 0 24 24
C. Prepare for and attend a Pre-Bid Conference with the City. 0 6 0 0 0 0 6
i
1 0. Investigate questions and prepare technical revisions that become apparent during the 2 24 16 0 0 10 52
bid period as an addendum. Review addenda with City prior to issuance.
E. Attend bid opening review bid submittals and provide the City with comments and 0 16 0 0 0 4 20
recommendations for award.
'. .: .. .., . ..... ... .... SUBTOTALTASKUI BIDDING:SERVIGES . ..
RECLAIMED WATER SYSTEM:i1MPROVEMENTS PROJECT 2 :48 18 tY 0 42 •.110
>. ... .... : . ......TOTAL..rMSKS...... OtJGffllli. 21... 338., ::292 Q :0. .:AVVii ... T4:a
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I
ATTACHMENT A
MANHOUR ESTIMATES for CITY OF WINTER GARDEN
WINTER GARDEN FILTER AND CHLORINE CONTACT/ PUMP STATION
CONSTRUCTION ADMINISTRATION (CA)
CONSTRUCTION PHASE SEf#VICES
P-8130 Page 1
Task. :;:.
No
P meeting. P agendapl ._ Tech CAM RPR " Asst:RPR WP Total
Task Descnption/Scope of Services P.M.. Sr.
A. Schedule and administer reconstruction Ffe are for,
preside over and prepare and distribute meeting minutes of
preconstruction meeting. 0 4 0 8 0 0 6 18
B. Make visits to the site at intervals appropriate to the various stages of
construction in order to observe the progress and quality of Contractors
executed Work. Three(3)visits per month with an average visit
duration for three(3)hours. 0 40 0 40 0 0 20 100
C. Review and approve Shop Drawings,Samples and Equipment O&Ms. 0 60 0 12 0 0 40 112
D. Schedule and administer periodic progress and specially called
meetings throughout progress of work. Prepare agenda for,preside
over and prepare and distribute meeting minutes of periodic progress
and specially called meetings. Progress meetings will be held monthly.
Number of progress meetings estimated at eight(8)with an average
visit duration of four(4)hours. Number of specialty meetings estimated
at two(2)with an average visit duration of four(4)hours. Note,
observations of progress and quality of Contractors executed Work will
be performed as part of meetings. 0 32 0 50 0 0 20 102
E. Review and approve Contractors initial construction progress
schedule(s). Updated construction progress schedules reviewed as
part of monthly progress meetings. 0 0 0 4 0 0 2 6
F. Review field questions or problems and provide interpretation of
Contract Documents. Issue written clarifications or interpretations of
Contract Documents as necessary. 0 8 0 12 0 0 8 28
G. Review and provide comments/recommendations concerning results of
tests and inspections performed by project Quality Control Consultant.
0 6 0 8 0 0 4 18
H. Prepare and issue requests for proposals. Review,recommend and
assist in negotiation of change proposal summaries. Prepare,
recommend and distribute for signatures contract modifications. 0 12' 4 16 0 0 6 38
I. Review and recommend the Contractors monthly application for
payment. Number of monthly applications for payment estimated at
eight(8). 0 0 0 16 0 0 8 24
J. Observe project start-up Demonstration and Testing. 0 16, 0 8 0 0 4 28
K Upon written request by Contractor,conduct and inspect to determine if
Work is substantially complete and prepare and distribute a punch list
of items to be addressed,if any. Upon written request by Contractor,
conduct a reinspect to confirm that substantial completion punch list
items have been addressed. 0 6 0 6 0 0 2 14
L. Upon written request by Contractor,conduct an inspection to determine
if Work is finally complete and prepare and distribute a punch list of
items to be addressed, if any. Upon written request by Contractor,
conduct a reinspect to confirm that final completion punch list items
have been addressed. 06 0 6 0 0 2 14
M. Review final Application for Payment and accompanying documentation
to determine compliance with Contract Documents. Prepare,
recommend and distribute for signature final Contract Modification,if
required,reflecting approved adjustments to Contract Price not
previously made by other Contract Modifications. 0 0 0 4 0 0 4 8
N. Provide mylar reproducible set of record drawings based upon field data
provided by the Contractor and upon information obtained during
periodic site visits. Certify completion of construction on prescribed
FDEP forms. 0 616 4 0 0 6 32
.TOTAL A THROUGH fit-CONSTRUCTION PHASE SERVICES ::; 0..... .t9f_I 20 194:.. 0-:..... 0 ;132. ;;542
,
G:\...1PR0981P-8130AB.WB2(06/19/98)
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CITY OF WINTER GARDEN
WINTER GARDEN FILTER AND CHLORINE CONTRACT/PUMP STATION
CONSTRUCTION ADMINISTRATION(CA)
CONSTRUCTION PHASE SERVICES
PROPOSAL CONDITIONS
1. PEC will not be required to make exhaustive or continuous inspection$on the Site to check the quality or quantity of the Work.
If due to required exhaustive or continuous inspections the total estimated manhours in this proposal is exceeded, additional
construction phase services authorization will be required.
2. PEC will provide review of the initial shop drawing,sample and equipment O&M submittal and one resubmittal for each
individual item requiring submission by the terms of the original Contract Documents. PEC will record time required by PEC
and PEC's Consultants performed for additional resubmittal review(si If due to additional resubmittal review(s)the proposed
task estimated manhours is exceeded, additional construction phase services authorization will be required. Contract
Documents will require that the cost of additional resubmittal review be reimbursed by the Contractor to the Owner at PEC's
standard hourly rate(s).
3. PEC will record time required by PEC and PEC's Consultants in eivaluating Contractor proposed substitutes and in making
changes in the Contract Documents,if required. Whether or not PEC approves a substitute item so proposed or submitted by
Contractor, the cost of evaluating Contractor proposed substitutes and in making changes in the Contract Documents,if
required,will be reimbursed by the Owner at PEC's standard hourly fate(s). Contract Documents will require that the cost of
evaluating Contractor proposed substitutes and in making changes in the Contract Documents,if required,be reimbursed by
the Contractor to the Owner at PEC's standard hourly rate(s).
4. The project Quality Control Consultant will be provided by Owner.
5. Should PEC perform more than one substantial or final reinspection(s)due to failure of the work to comply with the claims of
status of completion made by the Contractor,additional reinspects n(s)may require additional construction phase services
authorization. PEC will record time required by PEC and PEC's Con,ultants performed for additional reinspection(s). If due
to additional reinspection(s) the proposed task estimated manhot rs is exceeded, additional construction phase services
authorization will be required. Contract Documents will require that the'cost of additional substantial and or final reinspection(s)
be reimbursed by the Contractor to the Owner at PEC's standard hourly rate(s).
6. As a basis for this proposal it is assumed that PEC will provide the services required to process two(2)requests for proposals,
two(2)change proposal summaries and two(2)contract modificatipns. PEC will record time required by PEC and PEC's
Consultants performed for additional(over two(2)of any)proposals/summaries/modifications services performed. If due to
additional proposal/summaries/modifications services performed the total estimated manhours in this proposal is exceeded,
additional construction phase services authorization will be required.
7. All contractor proposed changes to the Work shall be considered as substitutes. The evaluation of substitutes will be as
addressed in the Contract Documents and as detailed in Item No.3 above.
8. Certified Operations and Maintenance Manual addressing plant upgrades/revisions has not been addressed in the proposal. If
Certified Operations and Maintenance Manual is to be provided adcitional construction phase services authorization will be
required.
9. This construction administration services proposal is based on a not-to-exceed 300 calendar day construction period with non-
overtime forty(40)hour work weeks.
10. If the Contractor works overtime outside the established regular working hours,as established by the Contract Documents,
additional construction services shall be reimbursed by Owner at PEC's Standard hourly rate(s). The Contractor will be required
by Contract Documents to reimburse Owner for these additional construction administration services costs.
11. Additional construction administration services will be required in connection with excusable contract days for which time
extension to the original construction period is granted to the Contractor by the Owner.
12. Additional construction administration services costs associated with non-excusable contract delays shall be reimbursed by the
Owner as part of Liquidated Damages to be received from the Contractor. Construction administration services costs are
estimated at S200.00 per working day. Liquidated Damages should be established that take into consideration this cost.
G:\...\PRO98\P-8 130.ATT (05/29/98)