STEVENSONS CREEK BASIN
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AGREEMENT BETWEEN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE CITY OF CLEARWATER
FOR THE FINAL DESIGN OF STORMWATER FACILmES
WITHIN STEVENSOWS CREEK BASIN, PINELLAS COUNTY
THIS AGREEMENT, made and entered into this
29th
day of
~1arch
, 1989, by and between the SOUTH\\EST FLORIDA WATER
MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691, Laws of
Florida, as amended, for itself and on behalf of the PINELLAS-ANCLOTE RIVER
BASIN BOARD, hereinafter collectively referred to as !lthe DISTRICT,T1 and the CITY
OF CLEARWATER, FLORIDA, hereinafter referred to as !lthe CITY.T1
WITNESSETH:
WHEREAS, the CITY has had a comprehensive stormwater management master
plan developed for the Stevenson's Creek Basin, hereinafter referred to as "the
BASIN," dated August, 1988; and
WHEREAS, the CITY has requested the DISTRICT'S assistance in the final design
of stornrwater management facilities within the BASIN to the extent of funding the
final design of channel and structure improvements in the BASIN between Palmetto
Street and 81. Thomas Road; and
WHEREAS, the parties hereto have reached an understanding for the CITY to
engage the professional services of an engineering consultant firm or firms to conduct
said design;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1. The CITY shall engage the services of an engineering consultant firm(s),
hereinafter referred to as lithe consultant(s),T1 to accomplish the final design and
prepare construction plans and specifications for storm water management
improvements within the BASIN for the following projects:
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Phase I: Channel and structure improvements in Stevenson's Creek
between Betty Lane and Pierce Street;
,
Phase IT: Channel and structure improvements in Stevenson's Creek
between Pierce Street and Druid Road;
Phase ill: Channel and structure improvements in Stevenson's Creek
between Druid Road and Jeffords Street; and
Phase IV: Channel and structure improvements in Stevenson's Creek
between Jeffords Steet and St. Thomas Road.
2. Prior to the disbursement of any funds by the DISTRICT, the CITY shall
obtain all necessary permits, including a Dredge and Fill permit and a Conceptual
Stormwater permit, from the appropriate agencies.
3. The CITY shall select the consultant(s), subject to written approval of the
selected consultant(s) by the DISTRICT, and shall be responsible for administering the
consultant contract(s).
4. The DISTRICT shall fund fifty percent (50%) of the cost to the CITY of the
final design and preparation of construction plans and specifications (including the
review of shop drawing and issuance of change orders during construction) for the four
projects listed in Paragraph 1 above up to a maximum amount of one hundred twenty
five thousand donars ($125,000.00). If the total cost for the projects exceeds the
amount of two hundred fifty thousand dollars ($250,000.00), the CITY shall pay the
balance of required funds. The CITY shall disburse the CITY's funds prior to
requesting reimbursement from the DISTRICT. The DISTRICT shall reimburse the
CITY for those properly documented and allowable costs up to the DISTRICT's funding
commitment upon receipt of the invoices for the completed work.
5. The responsibility for the construction of the stormwater management
improvements designed by the consultant(s) rests solely with the CITY. The final
design of all phases of the stormwater management improvements shall be completed
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within six (6) years of the date of this contract. The CITY shall commence
construction of each phase within two (2) years from the completion of the final design
for each phase, and shan complete construction of each phase within five (5) years of
its construction commencement date. If the CITY does not complete final design and
begin and complete construction of a given phase within the aforementioned time
frames, the CITY shall reimburse the DISTRICT for the full amount paid to the CITY
by the DISTRICT for that phase. If the CITY completes the construction of Phase I
and Phase II in a workmanlike manner and within the time frames specified herein, the
DISTRICT will give consideration to a formal request from the CITY to increase the
level of funding relative to the final design cost of the remaining phases. The above
time frames for commencement and completion may be extended if mutually agreed
to, in writing, by both parties.
6. The CITY shall submit annual stB. tus reports in writing to the District
Engineer by May 1 of each year until such time that all construction has been
complet~d.
7. By participation in this agreement, the DISTRICT assumes no responsibility
or obligation, financially or otherwise, for the funding of the construction of the
facilities designed by the consultant(s).
8. The CITY shall defend, indemnify and save harmless the DISTRICT, its
Governing Board, officers and employees, from and against all actions, causes, claims,
demands, judgments, payments, recoveries and suits of any kind, arising out of or
occurring as a result of any act or omission of the CITY, its officers, employees or
agents in connection with this agreement. However, nothing herein shall be construed
to benefit persons not a party to this agreement, nor shall anything herein be
construed as a waiver of any defense or limitation available pursuant to Section
768.28, Florida Statutes.
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10. All written notices to the DISTRICT under this agreement shan be
addressed to 2379 Broad Street, Brooksville, Florida 34609-6899. All written notices
to the CITY under this agreement shall be addressed to the City Manager, P. O. Box
4748, Clearwater, Florida 34618-4748.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
By: Cha~t~~Q~
Attest:
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Approved as to form
and correctness:
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Attest:
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