ALLIGATOR CREEK WATERSHED MANAGEMENT PLAN FIRST AMENDMENT
f,
I
I
AGREEMENT NO. 93CON000204
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
PINELLAS COUNTY, THE CITY OF CLEARWATER
AND THE CITY OF SAFETY HARBOR
FOR
THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE WATERSHED
MANAGEMENT PLAN FOR THE ALLIGATOR CREEK WATERSHED
This FIRST AMENDMENT is made and entered into by and between the SOUTHWEST 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 the "DISTRICT," and PINELLAS COUNTY, hereinafterreferred to as the "COUNTY," and
the CITY OF CLEARWATER, hereinafter referred to as "CLEARWATER," and the CITY OF SAFETY
HARBOR, hereinafter referred to as "SAFETY HARBOR," political subdivisions ofthe State of Florida.
WITNESSETH:
WHEREAS, the DISTRICT, COUNTY, CLEARWATER and SAFETY HARBOR entered into an
Agreement for the development and implementation of a Watershed Management Master Plan for the
Alligator Creek Watershed dated October 25, 1994; and
WHEREAS, the Scope ofW ork in said Agreement provides that the work be accomplished in two phases:
1) Planning, and 2) Implementation, and that if at the end of the Planning Phase, the parties to the
Agreement unanimously agree to continue with the Implementation Phase that the Agreement be amended
in order to enumerate the associated conditions, procedures for final design, property acquisition, funding
participation and other pertinent information; and
WHEREAS, the Planning Phase of the project is complete and the parties hereto wish to amend the
Agreement to continue with the Implementation Phase which includes four (4) projects described herein;
and
WHEREAS, the parties hereto have reached an understanding that CLEAR WATER shall engage the
professional services of an engineering consultant, hereinafter referred to as the "CONSULTANT," to
provide final design documents and obtain construction permits for the implementation projects and that
CLEARWATER shall engage the professional services of a general contractor, hereinafter referred to as
the "CONTRACTOR," to construct the projects as designed by the CONSULTANT.
NOW, THEREFORE, in consideration of the mutual terms, covenant and conditions contained herein, the
parties hereby mutually agree to amend the original Agreement, dated October 25, 1994, as follows:
Page 1 of 4
c 0 -,;)~O ' {/(::')
(// )
I
I
1. New paragraph 16, Project Specific Obligations, is hereby added to ARTICLE I - Scope of Work,
as follows:
16, PROJECT SPECIFIC OBLIGATIONS
The DISTRICT, COUNTY, CLEARWATER and SAFETY HARBOR shall perform the
services and fulfill the obligations as specifically designated in the Scopes of Work set forth
in Exhibits "B," "C," "D," and "E," attached hereto and made a part hereof. CLEARWATER
shall be the responsible party for the implementation of the PROJECTS, including the hiring
and supervising of any contractors or consultants it engages under this Agreement. Any
changes to the obligations and associated costs shall be mutually agreed to in a formal written
Amendment prior to being performed by the parties.
Implementation Projects:
a, Friendly Village of Kapok Floodplain and Wetland Restoration - Preliminary design for
project promotion and development; to include survey work necessary to determine storage
requirements, configuration for flood control, habitat and water quality improvement and
recreational facilities.
b, Cliff Stephen' s Park - Development of construction plans, permitting and construction for
the removal of accumulated sediment and development oflittoral planting zones to improve
wildlife habitat and water quality,
c, Mocassin Lake Park and Channel B Improvements - Development of construction plans,
permitting and construction of park improvements that will include the removal of
accumulated sediments to restore sheet flow within the park, a sediment sump that will
capture upstream sediments and the stabilization of the upstream channel to SR 590.
d, Storm Sampling and Water Quality Model Calibration - Sample of storm events and
calibration of the hydrodynamic and water quality model for the watershed. The sampling
will capture the quantity of water and pollutants as a function of time during the storm
events to provide an adequate database for model verification.
2. New paragraph 17, Project Coordination, is hereby added to ARTICLE I - Scope of Work, as
follows:
17. PROJECT COORDINATION
CLEARWATER shall keep the DISTRICT, COUNTY, and SAFETY HARBOR advised at
all times during the course of the PROJECT , CLEARWATER shall provide the parties'
Project Managers with advance notice of all PROJECT meetings with consultants, contractors
and regulatory agencies and shall copy the parties' Project Managers on all pertinent
PROJECT related correspondence. CLEAR WATER shall hold, at a minimum, quarterly
status meetings with the parties' Project Managers throughout the term of the Agreement.
Page 2 of 4
I
I
3. New paragraph 7, Implementation Project Funding, is hereby added to ARTICLE II - Funding, as
follows:
7. IMPLEMENTATION PROJECT FUNDING
The DISTRICT, COUNTY, and SAFETY HARBOR shall reimburse CLEARWATER for
PROJECT costs in accordance with the Funding Schedule and the Estimated Project Budget
set forth in Exhibit "F," CLEARWATER shall contract with consultants and contractors in
accordance with the Scopes of Work set forth in Exhibits "B," "C," "D," and "E." Upon each
party's approval, the budget amounts for the work set forth in such contract( s) shall supersede
the amounts set forth in the Estimated Proposed Budget and shall be incorporated herein by
reference,
4, ARTICLE VII, DurationlPeriod of Performance, is hereby amended to extend the expiration date
to July 31, 2001.
5. New ARTICLE X, Recognition, is hereby added as follows:
ARTICLE X - Recognition
1. CLEARWATER shall recognize DISTRICT, COUNTY, CLEARWATER and SAFETY
HARBOR funding in any reports, models, studies, maps or other documents resulting from
this Agreement. CLEARWATER shall provide signage at the PROJECT sites that
recognizes funding for the PROJECTS provided by the parties. All document and signage
recognition shall be subject to each party's written approval as to form, content and
location. Signage must comply with local sign ordinances.
6, The terms, covenants and conditions set forth in the original Agreement, dated October 25, 1994,
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,
The remainder of this page left blank intentionally.
Page 3 of4
IN WITNESS WHEREOF, the pa!es hereto have executed this First Amendmlnt on the day and year set forth
next to their signature below.
WITNESS:
l?~ .-;n .~
It t't.....tl',
. ~::; 0 , " J) -''''11'
" \)., t ~ ,. It! I !) j/...
~-~ \',~,u.,,~\ ,,~.ea.e'~ ",:t- ;//
.. ,~~~..A~Tm' ~.K.ll,:J~~:f. De Blaker
.: c,,;,.: Cler ...., Circi.ti!ct:~urt
f l~~! : ~ '; ,_ ._;.. d'_ :
J ~ ~ ,;,~ 1:~?::
'~ ~ ~ B. ',', ,~7~ :
~ ~_"i# " " "-';,/ "'-"
\ ., '"" ep ty qeJ;~:' ~":
':~'. '~, "-t,J .Q)~ __'io:"::i'" j;,'It>~'
. '"".~J:i~'\;, .,., (1i1 .. ,a o..:fi .': ';0''0\ ...~'
:', {t~~prAvec}j'ij$.'t9.$ orm:
~r'-f' ~~~atQ
istaht County Attorney
Approved as to form:
~ --:-
John Carassas, Assistant City Attorney
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
E. D. Vergara, Executiv
Date
PINELLAS COUNTY
By'
Barbara Sheen Todd, Chairman
Board of County Commissioners
CITY OF CLr:-----.
By: .
Michael J. Roberto, City Manager
7f7i~t
ate
OR
~-!r~~
'Bonnie Haynes, City Clerk
FIRST AMENDMENT TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, PINELLAS COUNTY, THE CITY OF CLEARWATER
AND THE CITY OF SAFETY HARBOR FOR
THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE WATERSHED MANAGEMENT PLAN
FOR THE ALLIGATOR CREEK WATERSHED ...non. I (! ~TE
DISTRICT APPROVAL II"lUuu..o
LEGAL ~
Page 4 of 4 ~~~~::c= ~~/Fi
M..DEPTDlR -- i.. - ,..~~
DEPUTY EXEC DlR ~ - - ,. /'
GQVERNTNG BOARD 4J./~'(/'~'
I
IGREEMENT NO. 93CON000204
EXHIBIT "B"
SCOPE OF WORK
FRIENDLY VILLAGE OF KAPOK FLOODPLAIN AND WETLAND RESTORATION
PRELIMINARY PLANNING AND PROJECT DEVELOPMENT
1. GENERAL
A. PROJECT DESCRIPTION: The project as proposed in the conceptual plan of the Comprehensive
Watershed Management Plan of the Alligator Creek Watershed (June 1997) shows the removal of the
existing Cliff Stephens Park control weir and the construction of a new weir downstream and north of Glen
Oak Avenue. Upstream of the new control structure, a deep channel will be excavated to meet that of the
Cliff Stephens Park and facilitate the incorporation of the site as an extension of the park itself, The
project will include approximately six acres of open water area; eight acres of herbaceous wetland, and
approximately ten acres of forested wetland, The project will incorporate water quality treatment and
attenuation in a park setting.
The work effort shall include the development of a preliminary design plan depicting the proposed
improvements to approximately 26 acres of historic floodplain that was filled and now occupied by the
Friendly Village of Kapok. The project will restore the historical wetland and floodplain which was filled
to develop the mobile home park and essentially solve documented flooding problems inthe portion of
the main channel of Alligator Creek east ofU,S. Highway 19. The work includes survey work sufficient
to develop the preliminary design, preapplication meeting with the permitting agencies to address potential
permitting problems and the development of display material to promote the project.
2. DESIGN AND PERMITTING
A. CONSULTANT SELECTION: CLEARWATER shall be responsible for the preliminary design of
the project and shall engage the services of an engineering consulting firm( s), hereinafter referred to as the
"CONSUL T ANT," to accomplish the PROJECT's design and assist CLEAR WATER in discussions with
regulatory agencies on permitting issues, CLEAR WATER shall have the sole authority in directing the
CONSULTANT's work efforts, but shall keep the DISTRICT, COUNTY, and SAFETY HARBOR Project
Managers apprised on all PROJECT related matters,
B. DESIGN PHASE: The CONSULTANT shall be responsible for preparing preliminary design plans,
providing survey information, and preparing an estimated cost of construction related to the preliminary
design of the PROJECT. The design will reflect the recommendations contained within the 1997 Alligator
Creek Watershed Management Plan (Parsons Engineering Science, Inc,) and quantify water quality
treatment (pollutant reduction) and attenuation provided by the PROJECT, The preliminary design will
include a site plan of all improvements, grading, planting scheme, structure locations and sizes, existing
and proposed floodplain elevations, existing and proposed cross-sections, survey data, treatment
information, and major site features.
Exhibit "B" Page 1 of2
I ,
The DISTRICT, COUNTY, and SAFETY HARBOR shall be provided with copies of all work products
(e,g., preliminary design report, preliminary design plans, preliminary cost estimates, etc,) for review and
comment. DISTRICT, COUNTY, and SAFETY HARBOR review comments will be satisfactorily
addressed and final acceptance by the respective Project Managers will be provided in writing. All review
comments and/or approvals shall be made in a timely and reasonable manner so as not to compromise the
ability of CLEARWATER to meet the deadlines imposed in this Agreement.
C, PRE-APPLICATION PERMIT ISSUES: CLEARWATER shall direct the CONSUL TANTto arrange
all regulatory pre-application meetings and/or submittals, with assistance from the DISTRICT and
CLEARWATER Project Managers, for the purpose of informing regulatory staff of the PROJECT and
reaching consensus on permitting requirements. Any city or county building, site clearing, work in right-
of-way, or other city or county-issued permit requirements will be the responsibility of CLEARWATER.
CLEAR WATER shall direct the CONSULTANT to obtain the necessary information that will become
part of permit submittals.
D. PRELIMINARY DESIGN AND PERMITTING SCHEDULE: CLEARWATER shall commence
work on the preliminary design of the PROJECT on or before July 1, 1998, CLEARWATER shall
complete the preliminary design (i.e" detailed construction plans and contract documents) and determine
environmental permitting issues and develop display material to promote the PROJECT on or before July
1, 1999, This time frame may be extended if mutually agreed to, in writing, by the parties,
3. PRESENTATIONS
CLEAR WATER shall direct the CONSULTANT to develop presentation materials and assist the parties
in promoting the project to a variety of audiences including the general public, neighborhood associations,
special interest groups, and public officials. CLEARWATER, COUNTY, and SAFETY HARBOR shall
be responsible for presentations to the various groups to educate and promote the PROJECT.
CLEAR WATER shall direct the CONSULTANT to keep minutes of all meetings and prepare necessary
advertisements, notices, maps, scripts, etc,
Exhibit "B" Page 2 of2
I
lGREEMENT NO. 93CON000204
EXHIBIT "C"
SCOPE OF WORK
CLIFF STEPHENS PARK IMPROVEMENTS
1. GENERAL
A. PROJECT DESCRIPTION: The project as proposed in the conceptual plan of the Comprehensive
Watershed Management Plan of the Alligator Creek Watershed ( June 1997) includes the development of
construction plans and specifications, permitting, and construction necessary for the removal of
accumulated sediments and the establishment oflittoral planting shelves in that area of Cliff Stephens Park
west of Fairwood Avenue. The project will provide water quality and wildlife habitat benefits and
improve the aesthetics of the park.
2. DESIGN AND PERMITTING
A. CONSULTANT SELECTION: CLEARWATER shall be responsible for the design and permitting
of the PROJECT and shall engage the services of an engineering consulting firm(s), hereinafter referred
to as the "CONSULTANT," to accomplish the PROJECT's design and assist CLEARWATER in the
environmental permitting and/or construction management of the PROJECT . CLEARWATER shall have
the sole authority in directing the CONSULTANT's work efforts in design, permitting, and construction
of the PROJECT, but shall keep the DISTRICT, COUNTY, and SAFETY HARBOR Project Managers
apprised on all PROJECT related matters,
B, DESIGN PHASE: CLEARWATER shall direct the CONSULTANT to provide survey information,
prepare detailed construction plans, an engineer's probable cost of construction, and construction
documents including technical specifications for the PROJECT, The design will reflect the
recommendations contained within the 1997 Alligator Creek Watershed Management Plan (Parsons
Engineering Science, Inc,) and quantify water quality treatment (pollutant reduction) provided by the
PROJECT. The final design will include a site plan of all improvements, grading, planting scheme,
structure locations and sizes, existing and proposed cross-sections, survey data, treatment information, and
major site features.
The consultant work shall include:
. Bottom survey to accurately identify the location of shoals that have formed in the lake
impoundment.
. Geotechnical investigation to determine the nature of the sediments,
. Quantification of material to be removed.
. Development of 100% plans and specifications for the removal and disposal of the sediments and
regrading and planting of littoral shelves.
. Plant plans and specifications using native aquatic species for installation in the littoral zone,
. Development of bid tabulations and final cost estimates,
Exhibit "C" Page 1 of 3
. The DISTRICT, COUNTY, an}SAFETY HARBOR shall be provided Jth copies of all work products
(e.g" final design report, final design plans, final cost estimates, etc,) for review and comment.
DISTRICT, COUNTY, and SAFETY HARBOR review comments will be satisfactorily addressed and
final acceptance by the respective Project Managers will be provided in writing, All review comments
and/or approvals shall be made in a timely and reasonable manner so as not to compromise the ability of
CLEAR WATER to meet the deadlines imposed in this Agreement. Upon completion and acceptance of
the final design by the DISTRICT, COUNTY, and SAFETY HARBOR, CLEARWATER shall furnish
the participants with a complete set of Mylar reproducibles of the construction plans for the PROJECT
improvements.
C. PERMITTING AND PERMIT FEES: CLEARWATER shall direct the CONSULTANT to prepare all
applicable permit applications and CLEARWATER shall act as the applicant on all applicable
environmental and construction permit applications and shall be responsible for all permit fees, Any city
or county building, site clearing, work in right-of-way, or other city or county-issued permit will be the
responsibility of CLEAR WATER. CLEAR WATER shall direct the CONSULTANT to obtain all required
permits for construction,
D, FINAL DESIGN SCHEDULE: CLEARWATER shall commence work on the final design of the
PROJECT on or before July 1, 1998, CLEARWATER shall complete the final design (i,e" detailed
construction plans and contract documents) and obtain all environmental permits for the PROJECT on or
before June 1, 1999, This time frame may be extended if mutually agreed to, in writing, by both parties,
3, CONSTRUCTION
A. APPROVAL OF BID DOCUMENTS: Construction bid documents shall require written DISTRICT,
COUNTY, and SAFETY HARBOR approval prior to advertisement. DISTRICT, COUNTY, and
SAFETY HARBOR review comments and approval of the construction bid documents shall be made in
a timely and reasonable manner so as not to compromise the ability of CLEAR WATER to meet the
deadlines imposed in this Agreement. CLEAR WATER shall direct the CONSULTANT to attend a pre-bid
conference and a pre-construction conference and to prepare any necessary addendum,
B, CONTRACTOR SELECTION: CLEARWATER shall engage the services ofa general contractor,
hereinafter referred to as the "CONTRACTOR," through a competitive bid process to construct the
PROJECT based on the approved final design. A tabulation of all bids received shall be furnished to all
Project Managers for review within five working days from the bid opening date, The selected
CONTRACTOR and subcontractors must meet with DISTRICT, COUNTY, and SAFETY HARBOR
approval. Nothing contained herein shall create any obligation on the part of the parties to defend any
challenge brought by any offeror regarding the selection of the CONTRACTOR.
C. CONTRACT ADMINISTRATION: CLEARWATER shall be responsible for all contract
administration and shall perform all necessary construction management services to ensure the PROJECT
is constructed in accordance with the approved final design and in conformance with all environmental
permits issued for the PROJECT. These services shall include, but are not limited to: construction
advertisement, receipt and evaluation of bids, contract award, establishment of construction survey control,
on-site construction inspection and supervision, preparation of as-built Record drawings, and the submittal
of all required permit certifications upon the completion of construction, DISTRICT, COUNTY, and
SAFETY HARBOR staff may participate with CLEARWATER staff in site inspections during the
Exhibit "C" Page 2 of 3
I I
construction phase, The contract between CLEAR WATER and the CONTRACTOR shall require a
Performance, Payment and Guarantee Bond and the CONTRACTOR's comprehensive liability insurance
shall name CLEAR WATER as additional insured,
D. CONSTRUCTION PHASE SCHEDULE: CLEARWATER shall complete the construction of the
PROJECT on or before July 7, 2001. This time frame may be extended if mutually agreed to, in writing,
by both parties, However, in the event of any national, state or local emergency which significantly affects
CLEARWATER's ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or
other such catastrophes, or other manmade emergencies beyond the control of CLEAR WATER such as
labor strikes or riots, then CLEARWATER's obligation to complete said work within aforementioned time
frames shall be suspended for the period of time the condition continues to exist.
4. OPERATION AND MAINTENANCE
CLEARWATER shall be responsible for the perpetual operation and maintenance of the completed
PROJECT facilities to maintain the PROJECT's aesthetics, ensure the proper hydraulic operation of the
PROJECT, and to conform to all the conditions specified in the environmental permits issued for the
PROJECT. The maintenance ofthe PROJECT shall include the mowing of the PROJECT's grassed areas,
CLEAR WATER shall be identified as the entity responsible for all operation, maintenance, and permit
monitoring requirements in all permit applications for the PROJECT. Operation and maintenance
activities shall include, but are not necessarily limited to: removal of undesirable and/or exotic plant
species including cattails, water hyacinths, and Brazilian Pepper, or as specified in the environmental
permits for the PROJECT; the cleaning of bleed-down devices and/or filter systems, if any; and, the
cleaning of sediment traps, if any.
Exhibit "e" Page 3 00
I
tGREEMENT NO. 93CON000204
EXHIBIT "D "
SCOPE OF WORK
MOCCASIN LAKE PARK AND CHANNEL B IMPROVEMENTS
1. GENERAL
A. PROJECT DESCRIPTION: The project as proposed in the conceptual plan of the Comprehensive
Watershed Management Plan of the Alligator Creek Watershed (June 1997) includes the development of
construction plans and specifications, permitting and construction necessary for improvements to
Moccasin Lake Park that will include the removal of accumulated sediments to restore sheet flow within
the park, a sediment sump that will capture upstream sediments and the stabilization of the channel to SR
590,
2, DESIGN AND PERMITTING
A. CONSULTANT SELECTION: CLEAR WATER shall be responsible for the design and permitting
ofthe project and shall engage the services of an engineering consulting firm(s), hereinafter referred to as
the "CONSULTANT," to accomplish the PROJECT's design and assist CLEARWATER in the
environmental permitting and/or construction management of the PROJECT, CLEARWATER shall have
the sole authority in directing the CONSULTANT's work efforts in design, permitting, and construction
of the PROJECT, but shall keep the DISTRICT, COUNTY, and SAFETY HARBOR Project Managers
apprised on all PROJECT related matters,
B, DESIGN PHASE: CLEARWATER shall direct the CONSULTANT to provide survey information,
prepare detailed construction plans, an engineer's probable cost of construction, and construction
documents including technical specifications for the PROJECT. CLEARWATER shall direct the
CONSULTANT to prepare final design plans to reflect the recommendations contained within the 1997
Alligator Creek Watershed Management Plan (Parsons Engineering Science, Inc,) and quantify water
quality treatment (pollutant reduction) provided by the PROJECT. The final design will include input of
the proposed pond into the 1997 Alligator Creek Watershed model to analyze discharge rates, volumes,
and elevations relative to surrounding facilities, a site plan of all improvements, grading, planting scheme,
structure locations and sizes, existing and proposed cross-sections, survey data, treatment information, and
major site features.
The consultant work shall include:
. Design survey to identify areas of the park proposed for improvements
. Design survey of the channel segment from the park to SR 590 and identification of existing drainage
easements or right-of-way, Also, show the location of private property along the channel and the
identification of structures that have been or will be impacted by channel erosion
. Develop 100% construction plans for the construction of a treatment pond that will include a
sediment sump at the northern park boundary where Channel B enters the park
Exhibit "D" Page 1 of 3
I I
. Identification of areas within the park in which the removal of historically deposited sediments would
be feasible and beneficial to reestablish historic flow patterns through the park
. Design of a ditch block diversion weir that would force Channel B flow back to Moccasin Lake
. Develop alternative solutions to stabilize Channel B between the park and SR 590
The DISTRICT, COUNTY, and SAFETY HARBOR shall be provided with copies of all work products
(e.g" final design report, final design plans, bid tabulations and final cost estimates, etc,) for review and
comment. DISTRICT, COUNTY, and SAFETY HARBOR review comments will be satisfactorily
addressed and final acceptance by the respective Project Managers will be provided in writing, All review
comments and/or approvals shall be made in a timely and reasonable manner so as not to compromise the
ability of CLEARWATER to meet the deadlines imposed in this Agreement. Upon completion and
acceptance of the final design by the DISTRICT, COUNTY, and SAFETY HARBOR, CLEARWATER
shall furnish the parties with a complete set of Mylar reproducibles of the construction plans for the
PROJECT improvements.
C, PERMITTING AND PERMIT FEES: CLEARWATER shall direct the CONSULTANT to prepare
all applicable permit applications and CLEAR WATER shall act as the applicant on all applicable
environmental and construction permit applications and shall be responsible for all permit fees, Any city
or county building, site clearing, work in right-of-way, or other city or county-issued permit will be the
responsibility of CLEAR WATER. CLEARWATER shall direct the CONSULTANT to obtain all required
permits for construction.
D, FINAL DESIGN SCHEDULE: CLEARWATER shall commence work on the final design of the
PROJECT on or before July 1, 1998. CLEARWATER shall complete the final design (i.e" detailed
construction plans and contract documents) and obtain all environmental permits for the PROJECT on or
before June 1, 1999. This time frame may be extended if mutually agreed to, in writing, by the parties,
3, CONSTRUCTION
A. APPROVAL OF BID DOCUMENTS: Construction bid documents shall require written DISTRICT,
COUNTY, and SAFETY HARBOR approval prior to advertisement, DISTRICT, COUNTY, and
SAFETY HARBOR review comments and approval of the construction bid documents shall be made in
a timely and reasonable manner so as not to compromise the ability of CLEARWATER to meet the
deadlines imposed in this Agreement. CLEAR WATER shall direct the CONSULTANT to attend a pre-
bid conference and a pre-construction conference and prepare any necessary addendum,
B. CONTRACTOR SELECTION: CLEARWATER shall engage the services ofa general contractor,
hereinafter referred to as the "CONTRACTOR," through a competitive bid process to construct the
PROJECT based on the approved final design. A tabulation of all bids received shall be furnished to all
Project Managers for review within five working days from the bid opening date, The selected
CONTRACTOR and Subcontractors must meet with DISTRICT, COUNTY, and SAFETY HARBOR
approval. Nothing contained herein shall create any obligation on the part of the parties to defend any
challenge brought by any offeror regarding the selection of the CONTRACTOR.
C, CONTRACT ADMINISTRATION: CLEARWATER shall be responsible for all contract
administration and shall perform all necessary construction management services to ensure the PROJECT
is constructed in accordance with the approved final design and in conformance with all environmental
Exhibit "D" Page 2 of 3
I I
permits issued for the PROJECT, These services shall include, but are not limited to: construction
advertisement, receipt and evaluation of bids, contract award, establishment of construction survey control,
on-site construction inspection and supervision, preparation of as-built Record drawings, and the submittal
of all required permit certifications upon the completion of construction, DISTRICT, COUNTY, and
SAFETY HARBOR staff may participate with CLEARWATER staff in site inspections during the
construction phase. The contract between CLEARWATER and the CONTRACTOR shall require a
Performance, Payment and Guarantee Bond and the CONTRACTOR's comprehensive liability insurance
shall name CLEAR WATER as additional insured,
D, CONSTRUCTION PHASE SCHEDULE: CLEARWATER shall complete the construction of the
PROJECT on or before July 7, 2001, This time frame may be extended if mutually agreed to, in writing,
by both parties. However, in the event of any national, state or local emergency which significantly
affects CLEARWATER's ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war,
or other such catastrophes, or other manmade emergencies beyond the control of CLEARWATER such
as labor strikes or riots, then CLEAR WATER's obligation to complete said work within aforementioned
time frames shall be suspended for the period of time the condition continues to exist.
4, OPERATION AND MAINTENANCE
CLEARWATER shall be responsible for the perpetual operation and maintenance of the completed
PROJECT facilities to maintain the PROJECT's aesthetics, ensure the proper hydraulic operation ofthe
PROJECT, and to conform to all the conditions specified in the environmental permits issued for the
PROJECT, The maintenance of the PROJECT shall include the mowing ofthe PROJECT's grassed areas,
CLEARWATER shall be identified as the entity responsible for all operation, maintenance, and permit
monitoring requirements in all permit applications for the PROJECT. Operation and maintenance
activities shall include, but are not necessarily limited to: removal of undesirable and/or exotic plant
species including cattails, water hyacinths, and Brazilian Pepper, or as specified in the environmental
permits for the PROJECT; the cleaning of bleed-down devices and/or filter systems, if any; and, the
cleaning of sediment traps, if any.
Exhibit "D" Page 3 of 3
I
I
AGREEMENT NO. 93CON000204
EXHIBIT "E"
SCOPE OF WORK
STORM SAMPLING AND WATER QUALITY MODEL CALIBRATION
1. PROJECT OBJECTIVE
Sampling of storm events and calibration of the hydrodynamic and water quality model for the Alligator
Creek watershed will capture the quantity of water and pollutants as a function oftime during storm events
to provide an adequate database for model comparison,
2, PROJECT COORDINATION
CLEARWATER shall provide the DISTRICT, COUNTY, and SAFETY HARBOR with copies of all
work products for review and comment. DISTRICT, COUNTY, and SAFETY HARBOR review
comments will be satisfactorily addressed and final acceptance by the respective Project Managers will
be provided in writing. All review comments and/or approvals shall be made in a timely and reasonable
manner so as not to compromise the ability of CLEAR WATER to meet the deadlines imposed in this
Agreement. Upon completion and acceptance of the model calibration and verification by the DISTRICT,
COUNTY, and SAFETY HARBOR, CLEARWATER shall furnish the parties with a complete set of
sample data, input and output data, and modeling results on diskette,
3. CONTRACT ADMINISTRATION
CLEAR WATER shall be solely responsible for all contract administration and shall perform all necessary
construction management services to ensure the PROJECT proceeds in accordance with the intent of the
original interagency Agreement.
4. WATER OUALITY SAMPLING
CLEAR WATER shall be responsible for the collection and analysis of water quality samples for the
purpose of calibrating and verifying the water quality computer model.
A. CONTRACTOR SELECTION: CLEARWATER shall engage the services of a contractor(s)
hereinafter referred to as the "CONTRACTOR," to perform water quality sampling and analysis.
CLEARWATER shall have the sole authority in directing the CONTRACTOR's work efforts in the
collection and analysis of storm event samples but, shall keep the DISTRICT, COUNTY, and SAFETY
HARBOR Project Managers apprised on all PROJECT related matters.
B. SAMPLING AND ANALYSIS: CLEARWATER shall direct the CONSULTANT to perform the
following tasks:
Exhibit "E" Page 1 of2
I I
· Water Quality Sampling - This task shall provide the event sampling data needed to calibrate the
hydro graph and pollutograph for the watershed, The sampling shall be conducted according to a
predetermined sampling plan which specifies the location, frequency and parameters to be sampled, This
sampling shall be conducted during two storm events to reflect both a dry and wet season condition, and
to provide an adequate database for model comparison,
· Water Quality Analysis - This task shall provide for the transport to, and analysis by, a qualified
laboratory within holding times appropriate for the parameters specified, The analytical data shall be
provided to the selected consultant for model calibration.
5, WATER QUALITY MODEL CALIBRATION AND VERIFICATION
A. CONSULTANT SELECTION: CLEARWATER shall be responsible for the calibration and
verification ofthe water quality model and shall engage the services of an engineering consulting firm(s),
hereinafter referred to as the "CONSULTANT," to accomplish the PROJECT's goals. CLEARWATER
shall have the sole authority in directing the CONSULTANT's work efforts in the calibration and
execution of the computer model that is part of the original interagency Agreement but shall keep the
DISTRICT, COUNTY, and SAFETY HARBOR Project Managers apprised on all PROJECT related
matters,
B. MODEL SIMULATION : CLEARWATER shall direct the CONSULTANT to perform the following
tasks to complete the water quality modeling portion of the 1997 Alligator Creek Watershed Management
Plan (Parsons Engineering Science, Inc.).
. SWMM Runoff Model - The event data will be used to provide the hydro graph and pollutograph for
the watershed,
· In-Stream and Lake Model - Sampling data will be used to calibrate the hydrodynamic and water
quality and water quantity model.
6, MODEL CALIBRATION AND VERIFICATION SCHEDULE
CLEARWATER shall commence work on the tasks for the PROJECT on or before July 1, 1998, and shall
complete the final model calibration and verification on or before January 1,2000, This time frame may
be extended if mutually agreed to, in writing, by the parties.
Exhibit "E" Page 2 of2
I
I
AGREEMENT NO. 93CON000204
EXHIBIT "F"
1. FUNDING SCHEDULE
PROJECT TOTAL DISTRICT PINELLAS CITY OF CITY OF
COST COUNTY CLEARWATER SAFETY
HARBOR
Friendly Village of $ 80,000 $ 40,000 50% $ 20,000 25% $ 20,000 25% ---- ----
Kapok Floodplain
and Wetland
Restoration
Cliff Stephen's $270,000 $135,000 50% $ 54,270 20.1% $ 80,730 29.9% ---- ----
Park
Mocassin Lake park $350,000 $175,000 50% $ 70,350 20.1% $104,650 29.9% ---- ----
and Channel B
Improvements
Storm Sampling $ 50,000 ....-... ---- $ 20,100 40.2% $ 29,900 59.8% ---- ----
and Water Quality
Model Calibration
$750,000 $350,000 $164,720 $235,280 $0
2, ESTIMATED PROJECT BUDGET
.....",..........................-...,-.
.................
. "......."..........--.
.",...., .............-."",.,-...---.-..
......Ji'rl~ij~'yY'ill#g~~r......
..........~lW~f'16C)~plati.........
~l)rJW~tl~1J.4
.........RClSt~l'1l.ti()ll(
.......,.""".........."".........
.........,.....".........., ..........
......,.".,......., ".",- -.........."."
........""......."." ,.. .",""
......."'..'''.."....''''...-..."
'd""'''''''''',,,,,_,, "....
....."..""....." ,"". ......."....""
........,.,.,..,_...-......-.-.......
$tdrw$~mp,~iji<
~...4.W~t~r.Q~.~bt.....
.......".............. ,..................
M9rJ~rp~n~tijnQIJ.......
SAMPLE/MODEL
$ 50,000
PLANIDEVELOP
$ 80,000
DESIGN
$ 50,000
$220,000
$107,400
$242,600
CONSTRUCTION
TOTAL COST
$ 80,000
$270,000
$350,000
$ 50,000
Exhibit "F" Page 1 of 1