WATERSHIED REHABILITATION PROJECT AT HERCULES AVENUE & ALLENS CREEK
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COOPERATIVE AGREEMENT
AMONG THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,
PINELLAS COUNTY AND CITY OF CLEARWATER
FOR THE DESIGN AND CONSTRUCTION
OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
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THIS .COOPERATIVE AGREEMENT is entered into this 1- day of
~ ~ ' 19~, by and between the SOUTHWEST FLORIDA WATER
MANAGE ENT STRICT, 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 the
"DISTRICT," and PINELLAS COUNTY, hereinafter referred to as the "COUNTY,"
and the CITY OF CLEARWATER, hereinafter referred to as "CLEARWATER,"
political subdivisions of the state of Florida.
WITNESSETH:
WHEREAS, the Allen's Creek watershed is contained within portions of the
city of Clearwater, the city of Largo and the unincorporated part of
Pinellas County, hereinafter referred to as the "WATERSHED", encompassing
approximately four thousand seven hundred (4,700) acres, and contains a
twenty four (24) acre site near Lakeview Road and Hercules Avenue
proposed for the construction of a surface water management facility, and
flood plain and wildlife habitat restoration hereinafter referred to as
the "PROJECT;" and
WHEREAS the COUNTY and CLEARWATER have requested the DISTRICT'S
assistance in the design and implementation of the PROJECT; and
WHEREAS, the DISTRICT, through the cooperative funding program of the
Pinellas-Anclote River Basin Board, has agreed to participate on a 50/50
cost share basis with the COUNTY and CLEARWATER; and
WHEREAS, the PROJECT shall be located solely on lands currently owned by
the COUNTY or CLEARWATER and described in the Official Records of the
COUNTY, book 6266, page 1243; book 6206, page 778 and book 5866, page
1842; and in the Official Records of Clearwater, book 3863, page 841, all
of the above to be hereinafter referred to as the PROPERTY; and
WHEREAS, the parties hereto have reached an understanding for CLEARWATER
to engage the professional services of a full service Engineering and
Environmental Consulting firm; hereinafter referred to as the
"CONSULTANT," to perform the design and permitting for the PROJECT, to
engage the service of a construction firm, hereinafter referred to as the
"CONTRACTOR," to construct the PROJECT, that the DISTRICT provide
specific in-kind services for the PROJECT as listed hereafter, that the
COUNTY provide specific in-kind services for the PROJECT as listed
hereafter, and that CLEARWATER provide specific in-kind services for the
PROJECT as listed hereafter.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants, conditions and terms set forth herein, the DISTRICT,
CLEARWATER and COUNTY hereby mutually agree as follows:
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1 - SCOPE OF WORK.
1.1 CLEARWATER, COUNTY, and DISTRICT shall jointly prepare the
Request for Proposal (RFP) and Scope of Work for the services
to be performed by the CONSULTANT. The Scope of Work will
detail the objectives of the PROJECT which include but are not
limited to:
A) Management of surface water runoff to Allen's Creek,
including attenuation of in-stream peak flow rates.
B) Biological treatment of surface runoff, including retrofit
of existing stormwater pollutant sources.
C) Restoration of the natural floodplain in such a manner as
to maintain an appropriate balance among uplands, open
water and intermediate wetland habitats.
D) provision of an educational opportunity for the general
public by illustrating methods of surface water
management, water quality improvement, and enhancement of
plant and wildlife habitat.
Both the RFP and the final Scope of Work shall be subject to
written approval by the DISTRICT, COUNTY and CLEARWATER.
1.2 CLEARWATER shall engage the services of the CONSULTANT to
design and permit the PROJECT. The DISTRICT, COUNTY and
CLEARWATER shall each have one voting seat on the committee to
rank the submitted proposals for negotiation and approval by
the CLEARWATER Commission. The final selection of the
CONSULTANT shall be subject to written approval of all parties.
1.3 CLEARWATER shall administer, manage, and supervise the design
and permitting of the PROJECT with review and participation of
the COUNTY and the DISTRICT.
1.4 The DISTRICT's performance under this Agreement is conditioned
upon the development and approval of the detailed Scope of
Work, the Request for Proposal, and the engagement of a
CONSULTANT. If for any reason a CONSULTANT is not under
contract within one hundred eighty (180) calendar days
subsequent to the effective date of this Agreement, this
Agreement may be terminated pursuant to Article IV.
1.5 All CONSULTANT(s), CONTRACTOR(s), subcontractors, and suppliers
will be under contract to CLEARWATER and not to the COUNTY nor
DISTRICT; all compensation and payments to them shall be the
responsibility of CLEARWATER and not the responsibility of the
COUNTY nor DISTRICT.
1.6 CLEARWATER shall require the CONSULTANT to provide a proposed
Project Budget to all parties. The proposed Project Budget
shall consist of a detailed cost itemization by task with man
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hours, hourly rates, and proj ect personnel based upon the
approved Scope of Work. The proposed Project Budget shall b~
reviewed and approved in writing by the DISTRICT and the COUNTY
prior to ratification of the CONSULTANT contract by CLEARWATER.
Any revisions or updates to the proj ect Budget shall be
reviewed and approved in writing by the DISTRICT Project
Representative and by the COUNTY Director of Public Works prior
to the disbursement of funds.
1.7 The DISTRICT, COUNTY and CLEARWATER shall provide mutual
assistance in the acquisition of available information, data
and reports in their possession including but not limited to
as-built drawings, drainage maps, design reports, maintenance
records, topographic surveys , utility surveys, and rights-
of-way information considered pertinent to the PROJECT. Use of
all available information and ongoing studies that may assist
the CONSULTANT in the design of the PROJECT shall be maximized.
1.8 The DISTRICT, COUNTY and CLEARWATER shall review, comment, and
approve or reject in writing the PROJECT design at the
.preliminary engineering review 30%, 60%, 90% and 100% stages,
and of the PROJECT specific technical provisions of the
construction contract documents.
1.9 CLEARWATER shall act as applicant on all applicable
environmental and construction permits. CLEARWATER shall
advertise the PROJECT for receipt of bids within sixty (60)
days of permit approval and construction will begin ninety (90)
days from bid award. Contract award, contract execution and
notice to proceed to the CONTRACTOR shall be consistent with
CLEARWATER's standard contract management procedures. Final
selection of the CONTRACTOR(S) shall be subject to the written
approval of the DISTRICT and the COUNTY.
1.10 Upon completion of all work products, one (1) copy of all
reports, maps, modelling on computer disk, construction plans,
and other documents prepared and paid for with any and all
funds contributed by the parties, shall be provided to each
party. Reproducible As-Built drawings shall be provided to the
COUNTY and the DISTRICT for record purposes by CLEARWATER upon
completion of the PROJECT.
1.11 CLEARWATER shall perform all necessary construction management,
including but not limited to construction survey, inspection,
bidding and supervision, as follows: CLEARWATER will conduct
the construction bidding process with COUNTY and DISTRICT
approval, and construction supervision will be performed with
COUNTY and DISTRICT participation. The contract between
CLEARWATER and the awarded bidder (CONTRACTOR) shall provide
for a performance bond and comprehensive liability insurance
naming the DISTRICT, COUNTY, and CLEARWATER as insured parties.
1.12 CLEARWATER shall provide signs at the PROJECT site during
construction and upon completion that includes recognition of
funding by all parties to this agreement. Any such signs shall
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be subject to the written approval as to form, content and
location by the COUNTY and. the DISTRICT, and shall comply with
CLEARWATER's sign ordinance. All signs shall be maintained by
CLEARWATER.
1.13 The title to the property in County ownership shall be deeded
to CLEARWATER upon completion of construction of the PROJECT,
and CLEARWATER shall retain ownership of the PROPERTY, subject
to the conditions of sections 14 and 15 below.
1.14 The PROPERTY deeded by the COUNTY shall be accepted by
CLEARWATER as described above and shall be used solely and
perpetually as a natural conservation area and the Grantee,
CLEARWATER, its successors and assigns shall forever maintain
the land in its then existing state.
1.15 Upon acceptance of the completed PROJECT, CLEARWATER shall
assume responsibility for mowing, removal of weeds and brush,
maintenance of any detention/treatment ponds, overflow
structures and any fencing needed, monitoring of plant growth
and all other maintenance of the PROPERTY in accordance with
State and local permi t requirements and CLEARWATER's
maintenance schedules. CLEARWATER shall not permit or allow
any chemical aquatic vegetation inhibitor or weed killing agent
within the confines of the ponds or their immediate banks,
except as may be necessary for control of exotic vegetation.
2 - COMPLIANCE WITH DISTRICT RULES & REGULATIONS. Coincident with
PROJECT design, the professional designers and DISTRICT regulation staff
shall mutually agree that the proposed PROJECT technically complies with
all applicable DISTRICT rules and regulations; and prior to PROJECT
implementation, permitting approval shall be obtained.
3 - PERMITS. If the PROJECT requires obtaining any DISTRICT permit, the
permitting applicant shall be the owner or authorized agent of the land
to be occupied or otherwise used by the proposed PROJECT development,
unless the applicant has power of eminent domain. If DISTRICT owned land
is involved, or the DISTRICT is a co-applicant, the Florida Department of
Environmental Protection shall be the permitting agency.
4 - DISTRICT RECOGNITION. CLEARWATER and COUNTY shall recognize DISTRICT
funding, and if applicable Basin Board funding, in any reports, models,
studies, maps or other documents resulting from this Agreement, and the
form of said recognition shall be subject to DISTRICT approval. If
construction is involved, CLEARWATER shall provide signs at the PROJECT
site that recognize funding for this PROJECT provided by the DISTRICT,
and if applicable the Basin Board(s). All signs must meet with DISTRICT
written approval as to form, content and location, and must be in
accordance with local sign ordinances.
5 - FUNDING. The parties hereto anticipate that the total cost of the
PROJECT will be One Million Dollars ($1,000,000).
5.1 The DISTRICT shall fund an amount not to exceed One Hundred
Thousand Dollars ($100,000) for the CONSULTANT services which
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shall be limited to designing and obtaining permits, providing
geotechnical investigation, water quality analysis, field
survey and base maps, landscape plans, and educational displays
for the PROJECT. The DISTRICT also agrees to fund an amount
not to exceed Four Hundred Thousand Dollars ($400,000) for
construction of the PROJECT for the total DISTRICT contribution
to the PROJECT not to exceed Five Hundred Thousand Dollars
($500,000). The COUNTY shall fund an amount not to exceed
Thirty Three Thousand Dollars ($33,000) for the CONSULTANT
services, and an amount not to exceed One Hundred Thirty Two
Thousand Dollars ($132,000) for construction of the PROJECT.
CLEARWATER shall fund an amount not to exceed sixty Seven
Thousand Dollars ($67,000) for CONSULTANT services, and an
amount not to exceed Two Hundred sixty Eight Thousand Dollars
($268,000) for construction of the PROJECT. In the event that
costs for the PROJECT exceed One Million Dollars ($1,000,000),
the DISTRICT, the COUNTY and CLEARWATER, by mutual agreement,
may provide additional funding or reduce the PROJECT scope
and/or limits. Any funding obligations of the DISTRICT, the
COUNTY or CLEARWATER is contingent upon funds being budgeted
.for commencement or continuation of the PROJECT by the
DISTRICT's Governing Board and Pinellas-Anclote Basin Board,
the COUNTY Board of County Commissioners and the CLEARWATER
City commission, respectively.
5.2 CLEARWATER shall submit invoices that have been submitted by
the CONSULTANT/CONTRACTOR for the design, permitting,
construction of the PROJECT and back-up documentation monthly,
along with a progress report to the DISTRICT with written
substantiation that the invoices are accurate and in accordance
with terms of this Agreement. Invoices shall be submitted to
the District at the following address: Accounts Payable
section. Southwest Florida Water Management District. P.O. Box
1166. Brooksville. Florida 34605-1166. All progress reports
accompanying invoices shall describe the work accomplished to
date and indicate the percentage of work completed. The
DISTRICT shall reimburse CLEARWATER for one half of the invoice
amount less retainage, up to a total amount not to exceed that
previously described in section 1 of this Article. Upon
receipt of invoices as described, the DISTRICT shall remit
payment to CLEARWATER within thirty (30) calendar days.
CLEARWATER shall provide the DISTRICT with duplicate
CONSULTANT/CONTRACTOR invoices and progress reports for review
at the same time they are submitted to CLEARWATER.
5.3 CLEARWATER shall submit invoices from the CONSULTANT/CONTRACTOR
and backup documentation monthly to the COUNTY. The COUNTY
shall reimburse CLEARWATER for an amount up to 16.5% of the
amount of the invoice and shall forward payment to CLEARWATER
within sixty (60) calendar days from the receipt of each
invoice.
5.4 CLEARWATER shall be responsible for the appropriate expenditure
of funds provided by the DISTRICT and the COUNTY and shall only
expend such funds pursuant to the terms and conditions of this
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Agreement and shall not, utilize such funds for any other
purpose. CLEARWATER shall not enter into additional services
that would require additional reimbursement from the other
parties without advance written approval by the other parties.
All equipment and non-expended supplies purchased with funds
provided by the DISTRICT shall be the property of the DISTRICT
and shall be returned to the DISTRICT at the termination of
this Agreement.
6 - PROJECT REPRESENTATIVE. The COUNTY, CLEARWATER and the DISTRICT
shall each designate a single Project Representative who will serve as a
liaison between the DISTRICT, COUNTY and CLEARWATER on all PROJECT
related matters for the purpose of maintaining coordination and review
through all phases of PROJECT development and construction. Each
Representative shall be notified of, and attend all project meetings
which will be, at a minimum, held monthly to review the administration of
this Agreement for the duration of the PROJECT, to review and comment on
interim reports, drafts, maps and other documents, and to make site
visits, and attend public information meetings. The Project
Representative will be responsible for transmitting instructions,
receiving, information, and interpreting and communicating DISTRICT,
COUNTY and CLEARWATER policies and decisions relating to the PROJECT.
All correspondence or inquiries relating to the PROJECT shall be directed
to the attention of the Project Representatives. Phone logs and meeting
minutes shall be kept by the lead Project Representative and distributed
to all Project Representatives as a record of PROJECT status.
7 - TERM OF AGREEMENT. This Agreement shall commence on the date of
execution and shall remain in effect until CLEARWATER provides to the
DISTRICT and the COUNTY mutually agreeable documentation which
substantiates that this Agreement has been fully performed, or on the
date three years from the execution date of this Agreement, whichever
occurs first, unless terminated or specifically extended in writing.
8 - PROJECT RECORDS AND DOCUMENTS. CLEARWATER shall, upon request,
permit the DISTRICT or the COUNTY to examine or audit all project
records, books, documents and papers during or following completion of
the PROJECT. CLEARWATER shall maintain the records, books, documents and
papers for at least three (3) years following completion of the PROJECT.
9 - TERMINATION. Upon written notice, this Agreement may be terminated
by any of the parties in the event of substantial failure of another
party to fulfill its obligation under this Agreement through no fault of
the terminating party, or if termination is deemed to be in the public's
best interest or in the best interest of the terminating party. This
Agreement shall be deemed terminated on the fifteenth (15th) day after
receipt of written notice of termination. If such a termination for the
PROJECT occurs, the DISTRICT and the COUNTY shall pay to CLEARWATER all
properly documented fees and costs for services performed in accordance
with this Agreement prior to the date of termination. CLEARWATER shall
take all reasonable steps to avoid incurring any additional PROJECT costs
subsequent to receiving notice of termination.
10 - RELEASE OF INFORMATION. No party shall be permitted to conduct any
verbal or written media interviews or issue press releases on or about
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this Project without prior written approval of the other parties, which
shall not be unreasonably withheld. C
11 ASSIGNMENT. All parties are prohibited from assigning or
transferring any of its rights or obligations under this Agreement
without prior written consent of the other parties.
12 - INSURANCE All parties, by signing this Agreement, are representing
that they are self-insured in amounts sufficient to cover any obligations
arising under this agreement. All parties shall maintain in force
worker's compensation benefits in accordance with Florida statutes for
the duration of the Agreement.
13 - NOTICES. All notices, or reports, other than invoices, required to
be given to the DISTRICT shall be hand delivered or mailed, postage paid,
to the following addresses:
For PROJECT
related issues:
SWIM Department
Southwest Florida Water Management District
7601 Highway 301 North
Tampa, Florida 33637
For Contract
related issues:
Contract Administration
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34690-6899
All notices, or reports required to be given to the COUNTY shall be hand
delivered or mailed, postage paid, to the following address:
Pinellas County
Director of Public Works
440 Court Street
Clearwater, Florida 34616
All notices, or reports required to be given to CLEARWATER shall be hand
delivered or mailed, postage paid, to the following address:
City of Clearwater
Director of Public Works
P. o. Box 4748
Clearwater, Florida 34616
14 - THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be
construed to benefit any person or entity not a party to this Agreement.
15 - COMPLIANCE WITH APPLICABLE LAWS. The parties agree to comply with
applicable federal, state, and local laws, including by not limited to
the Americans with Disabilities Act (ADA).
16 - MODIFICATIONS. This Agreement constitutes the entire Agreement
among the DISTRICT, COUNTY and CLEARWATER. There are no promises, terms,
conditions or allegations other than those contained herein and this
document shall supersede all communications, representations and/or
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agreements whether written or verbal, between the parties hereto with
regard to the PROJECT and the subject matter of this Agreement. This
Agreement may be modified only in writing executed by all the parties.
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IN WITNESS WHEREOF, the parties hereto, or their lawful representatives,
have executed this Agreement as of the date first above written.
signed sealed and
delivered in the
presence of:
...................................... .
WATER
MANAGEMENT
WITNESS:
4A~ 17) }A~ By:
ATTEST:
By:
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Karleen F. De Blaker
Clerk
Approved as to Form:
(]; ~__~ A. r0~ /U~
~ , Attorney:
Office of the County Attorney
ATTEST: KARLEEN F, De BLAKER, (LER~.",i
By: c??~ ~./td1vt--r<:.
. Deputy CI~rk L./
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CITY OF CLEARWATER, FLORIDA
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By:
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Eliza h ptul.a
City anager
Rita Garvey
Mayor-Commissioner
Approved as to form and
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Paul Ric ard Hul: , Attorney
city Attorney's Office
Attest:
By: ~~ [ IJ.-fJ'.n.
CYl\l'hi~ -Eo GO"d~~];1
City Clerk
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COOPERATIVE AGREEMENT
AMONG THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,
PINELLAS COUNTY AND CITY OF CLEARWATER
FOR THE DESIGN AND CONSTRUCTION
OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
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