PINELLAS-ANCLOTE RIVER BASIS BOARD/ALLENS CREEK WATERSHED
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.ract No. 95CONOOO1l5
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRIC
AND THE
CITY OF CLEARWATER
For
The Design and Construction of an Experimental/Educational Pond Project
at Druid Road and Allen's Creek
THIS COOPERATIVE AGREEMENT is entered into this 1:51 day of ~JL-kt./ , 19~, by and
between the SOUTHWEST FLORIDA WATER MANAGEMENT DI TRICT, 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 the CITY OF
CLEARWATER, hereinafterreferred 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 and the
unincorporated part of Pinellas County, hereinafter referred to as the "W A TERSHED", encompassing
approximately Forty Nine Hundred(4900) acres, and contains a one (1) acre site near Druid Road and
Arcturas Avenue proposed for the construction of an experimental and educational surface water management
facility hereinafter referred to as the "PROJECT;" and
WHEREAS, CLEARWATER has 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 CLEARWATER; and
WHEREAS, CLEARWATER will be responsible for acquiring the necessary land interests to construct,
operate and maintain the PROJECT; and
WHEREAS, the parties hereto have reached an understanding for CLEAR WATER 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, 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 and CLEARWATER hereby mutually agree as follows:
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cetract No. 95CONOOO1l5
1 - SCOPE OF WORK.
1.1 CLEARWATER 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 implementation of Best Management
Practices to collect and reduce stormwater pollutants.
C) Provision of an educational opportunity for the general public and students, in
particular, by demonstrating 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 and CLEARWATER.
1.2 CLEARWATER shall engage the services of the CONSULTANT to design and permit the
PROJECT. The DISTRICT 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 the DISTRICT.
1.3 CLEAR WATER shall administer, manage, and supervise the design and permitting of the
PROJECT with review and participation of 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 Paragraph 9 -Termination.
1.5 All CONSULTANT(s), CONTRACTOR(s), subcontractors, and suppliers will be under
contract to CLEARWATER and not to the DISTRICT; all compensation and payments to
them shall be the responsibility of CLEAR WATER and not the responsibility of the
DISTRICT.
1.6 CLEAR WATER shall require the CONSULTANT to provide a proposed Project Budget to
both parties. The proposed Project Budget shall consist of a detailed cost itemization by task
with staff hours, hourly rates, and project personnel based upon the approved Scope of Work.
The proposed Project Budget shall be reviewed and approved in writing by the DISTRICT
prior to ratification of the CONSULTANT contract by CLEAR WATER. Any revisions or
updates to the Project Budget shall be reviewed and approved in writing by the DISTRICT's
Project Representative prior to the disbursement of funds.
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.ract No. 95CONOOO1l5
1.7 The DISTRICT 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 and CLEARWATER shall review, comment, and approve or reject in writing
the PROJECT design at the 30%, 60%, 90% and 100% stages.
1.9 CLEAR WATER 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.
1.10 Upon completion of all work products, one (1) copy of all reports, maps, modeling 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 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 DISTRICT approval, and
construction supervision will be performed with DISTRICT participation. The contract
between CLEARWATER and the awarded bidder (CONTRACTOR) shall provide for a
performance bond and comprehensive liability insurance naming the DISTRICT and
CLEAR WATER as insured parties.
1.12 CLEARWATER shall provide signs at the PROJECT site during construction and upon
completion that includes recognition of funding by the DISTRICT through Pinellas-Anclote
River Basin Board to this agreement. Any such signs shall be subject to the written approval
as to form, content and location by the DISTRICT, and shall comply with CLEARWATER's
sign ordinance. All signs shall be maintained by CLEAR WATER.
1.13 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 permit 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 pond(s)
or the 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
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cetract No. 95CONOOO1l5
technically complies with all applicable DISTRICT rules and regulations; and prior to PROJECT
implementation, permitting approval shall be obtained.
3 - PERMITS. Ifthe 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 shall recognize DISTRICT funding, and Pinellas-
Anclote River 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. CLEARWATER
shall provide signs at the PROJECT site that recognizes funding for this PROJECT provided by the
DISTRICT, and the Pinellas-Anclote River Basin Board. 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 Three Hundred
Thousand Dollars ($300,000).
5.1 The DISTRICT shall fund an amount not to exceed Twenty Five Thousand Dollars ($25,000)
for the CONSULTANT services which shall be limited to designing and obtaining permits,
providing geotechnical investigation, field survey and base maps, a planting plan, and
educational materials for the PROJECT. The DISTRICT also agrees to fund an amount not
to exceed One Hundred Twenty Five Thousand Dollars ($125,000) for construction of the
PROJECT for the total DISTRICT contribution to the PROJECT not to exceed One Hundred
Fifty Thousand Dollars ($150,000). CLEARWATER shall fund an amount not to exceed
Twenty Five Thousand Dollars ($25,000) for CONSULTANT services, and an amount not to
exceed One Hundred Twenty Five Thousand Dollars ($125,000) for construction of the
PROJECT. In the event that costs for the PROJECT exceed Three Hundred Thousand Dollars
($300,000), the DISTRICT and CLEARWATER, by mutual agreement, may provide
additional funding or reduce the PROJECT scope and/or limits. Any funding obligations of
the DISTRICT 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 and the CLEARWATER City Commission, respectively.
5.2 CLEAR WATER 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
proper invoices as described, the DISTRICT shall remit payment to CLEARWATER within
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.ract No. 95CONOOO1l5
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 C.LEARWATER.
5.3 CLEAR WATER shall be responsible for the appropriate expenditure of funds provided by the
DISTRICT and shall only expend such funds pursuant to the terms and conditions of this
Agreement and shall not utilize such funds for any other purpose. CLEAR WATER 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. CLEARWATER and the DISTRICT shall each designate a single
Project Representative who will serve as a liaison between the DISTRICT 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 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 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, unless terminated or specifically extended in writing.
8 - PROJECT RECORDS AND DOCUMENTS. CLEARWATER shall, upon request, permit the
DISTRICT to examine or audit all project records, books, documents and papers during or following
completion of the PROJECT. CLEAR WATER 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 shall pay to
CLEAR WATER all properly documented fees and costs for services performed in accordance with this
Agreement prior to the date of termination. CLEAR WATER shall take all reasonable steps to avoid incurring
any additional PROJECT costs subsequent to receiving notice of termination.
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.ract No.
95CONOOOl15
10 - RELEASE OF INFORMATION. No party shall be permitted to conduct any verbal or written media
interviews or issue press releases on or about this Project without prior written approval of the other parties,
which shall not be unreasonably withheld.
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 CLEAR WATER is a political subdivision of the State of Florida. As such, it is self-
insured pursuant to Section 768.28 of the Florida Statutes. CLEARWATER 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:
SWIM Department
Southwest Florida Water Management District
7601 Highway 301 North
Tampa, Florida 33637
All notices, or reports required to be given to CLEAR WATER shall be hand delivered or mailed, postage
paid, to the following address:
City of Clearwater
Engineering Department/Environmental Management
P. O. Box 4748
Clearwater, Florida 34618
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 and
CLEAR WATER. There are no promises, terms, conditions or allegations other than those contained herein
and this document shall supersede all communications, representations and/or agreements whether written
or verbal, between the parties hereto with regard to the PROJECT and the subject matter ofthis Agreement.
This Agreement may be modified only in writing executed by all the parties.
This space left blank intentionally.
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_tract No. 95CONOOO1l5
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:
WITNESS:
TER MANAGEMENT DISTRICT
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By:
Peter G. Hubbell, Executive Director
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Federal ID#: 59-0965067
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey,
Mayor-Commissioner
By: ~ f&
Elizabe ep la, City Manager
Approved as to form and
legal sufficiency
-aJ tf:
Attest:
~.J)QQl~
ia E. Goudeau, City Clerk
, Attorney
City Attorney's Office
Federal ID#: 59-6000289
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
For
The Design and Construction of an Experimental/EducationaJ Pond Project
at Druid Road and Allen's Creek
APPROVED BY, ,I DATE
LEGAL}l 11
RISK MGMT .,.
CONTRACTS ~ ~
~DEPT DIR .
DEPUTY EXEC DIR ..
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An Eqnal Opporwllity Employer
Joe L. Davis, Jr.
Chairman, Wauchula
Roy G. Harrell, Jr,
Vice Chairman, St. Petersburg
Sally Thompson
Secretary, Tampa
James E. Martin
Treasurer, St. Petersburg
James L. Allen
Bushnell
Ramon F. Campo
Brandon
James L. Cox
Lakeland
Rebecca M. Eger
Sarasota
John T. Hamner
Bradenton
Curtis L. Law
Land 0' Lakes
Virginia S, Roo
Tampa
Peter G. Hubbell
Executive Director
Mark D. Farrell
Assistant Executive Director
Edward B. Helvenston
General Counsel
Excellence
Through
Quality
Service
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Southwest Florida
Water Management District
2379 Broad Street. Brooksville, Florida 34609-6899 . 1-800-423-1476 (Florida Only) or
(904) 796-7211 . SUNCOM 628-4150. T.D.D. Number Only (Florida Only): 1-800-231-6103
7601 Highway 301 North
Tampa, Florida 33637-6759
(813) 985-7481 SUNCOM 578.2070
115 Corporation Way
Venice, Florida 34292.3524
(813) 483.5970 SUNCOM 549-5970
2303 Highway 44 West
Inverness, Florida 34453.3809
(904) 637.1360
170 Century Boulevard
Bartow, Florida 33830-7700
(813) 534.1448 SUNCOM 572-6200
September 6, 1995
Mr. Michael Quillen
Environmental Management
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
SUBJECT: Interagency Agreement for a Watershed Rehabilitation
Project for the Design and Construction of an
Experimental/Educational Pond Project at Druid Road
and Allen's Creek
Dear Mike,
Please find, enclosed, one original of the interagency agreement for
the referenced project fully executed by the appropriate agency
officials for your files. Let me know how you would like to proceed
with the Scope of Work and the RFP. You can contact me at (813)
985-7481, extension 2209.
Sincerely,
.
9~~pV
JoAnn J. Macrina, P.E.
Surface Water Improvement and
Management (SWIM) Department
\JJM
Enclosure
cc: Michael Perry, Director, SWIM Department
Michael Holtkamp, P.E., SWIM Department
Georgia Hudson, Contracts