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DESIGN AND CONSTRUCTION OF EXPERIMENTAL/EDUCATIONAL PONG PROJECT AT DRUID ROAD AND ALLENS CREEK .... i#. \ '.. -"" ,... "', JGREEMENT NO. 95CONOOOl15 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORlDA WATER MANAGEMENT DISTRlCT AND THE CITY OF CLEARWATER For The Design and Construction of an Experimental/Educational Pond Project at Druid Road and Allen's Creek This FIRST AMENDMENT is made and entered into by and between the SOUTHWEST FLORlDA WATER MANAGEMENT DISTRlCT, 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 "DISTRlCT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, hereinafter referred to as "CLEAR WATER." WITNESSETH: WHEREAS, the DISTRlCT and CLEARWATER entered into an Agreement for the Design and Construction of an Experimental/Educational Pond Project at Druid Road and Allen's Creek dated September 1, 1995; and WHEREAS, the parties hereto wish to amend the Agreement to increase the engineering consultant budget for the design of the stormwater treatment system with a corresponding decrease in the construction budget and no change in the total cost of the PROJECT. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the original Agreement, dated September 1, 1995, as follows: 1. That Section 5, Paragraph 5.1 is hereby amended to replace the first three sentences with the following: The DISTRlCT shall fund an amount not to exceed Thirty-two Thousand Nine Hundred Dollars ($32,900) 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 DISTRlCT also agrees to fund an amount not to exceed One Hundred Seventeen Thousand One Hundred Dollars ($117,100) for construction of the PROJECT for the total DISTRlCT contribution to the PROJECT not to exceed One Hundred Fifty Thousand Dollars ($150,000). CLEARWATER shall fund an amount not to exceed Thirty- two Thousand Nine Hundred Dollars ($32,900) for the CONSULTANT services, and an amount not to exceed One Hundred Seventeen Thousand One Hundred Dollars ($117,100) for construction of the PROJECT. 2. This Amendment shall be effective upon execution by all parties. 3. The terms, covenants and conditions set forth in the original Agreement, dated September 1, 1995, that have not been specifically amended herein, shall continue in existence, are hereby ratified, approved and confirmed, and shall remain binding upon the parties hereto. Page 1 of2 Or' /' ' I~ /' . C { I - -' /_ I.r/ ,/ __/ ,;K' / (It' ....,""'{ # ~ ~ l I IN WIlNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year set forth next to their signature below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ~ 1 ess Ih~BY: , E. D. Vergar Federal ID No. 59-0965067 Attest: CITY OF CLEARWATER nthia-E. Goudeau ty Clerk Date Date Approved as to form and legal sufficiency: BY:~~ ~ IO~3'f7 John Carassas, Asst. City Attorney Dme Federal ID#: 59-6000289 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER For The Design and Construction of an ExperimentaJ/Educational Pond Project at Druid Road and Allen's Creek DISTRICT APPROVAL INITIALS ~TE LEGAL :f= RISK MGMT CONTRACTS . ~ RPDEPTDIR ~ ~ DEPUTY EXEC DIR ~ ~ GOVERNING BOARD -4J/E1m Page 2 of2 An EquJ/ (,",":nunlfl' Emplo)'er Roy G. Harrell, Jr. Chairman, St. Petersburg Joe L Davis, Jr. Vice Chairman. Wauchula Curtis L. Law Secretary. Land 0' Lakes Sally Thompson Treasurer. Tampa James L. Allen Bushnell Ramon F. Campo Brandon Rebecca M. Eger Sarasota John P. Hartlee,lV Bradenton Ronald C. Johnson Lake Wales James E. Martin St. Petersburg Brenda Menendez Tampa E. D. uSonny" Vergara Executive Director Edward B. Helvenston General Counsel Excellence Through Quality Service ~ Southwest Florida Water Management District 2379 Broad Street. Brooksville. Florida 34609-6899 . 1-800-423-1476 (Florida Only) or (352) 796-7211 . SUNCOM 628-4150 . T.D.D. Number Only (Florida Only): 1-800-231-6103 Internet address: http://www.dep.state.fl.us/swfwmd , ,-' 7601 Highway 301 North Tampa. Florida 33637-6 7fR 1-800-836-0797 or (813) 985-7481 SUNCOM 578-2070 October 23, 1997 170 Century Boulevard Bartow. Florida 33830-7700 1-800-492-7862 01 (941) 534-1448 SUNCOM 572-6200 115 Corporation Way Venice. Florida 34292-3524 1-800-320-3t.03 01 (941) 486-1212 SUNCOM 52~ 2303 Highway 44 West Invemess. Florida 34453-38W (352) 637-1360 Mike Quillen, P .E. City of Clearwater PO Box 4748 Clearwater, Florida 33758 SUBJECT: First Amendment to Agreement Experimental/Education Pond Project at Druid Road and Allen's Creek Dear Mike: Enclosed, please fmd one (1) original of the first amendment to the referenced subject fully executed for your fIles. The amendment allows a funding increase from $50,000 to $65,800 for consultant services. I look forward to working with you on this project. If you have any questions, do not hesitate to call me at (813) 985-7481, extension 2209. Sincerely, 9 JoAnn 1. Macrina, P.E. Surface Water Improvement and Management (SWIM) Section \JJM Enclosure cc: Mark A. Hammond, Manager, SWIM Steven M. Long, Manager, Contracts