IMPLEMENTATION OF PHASE ONE OF PROPOSED DRAINAGE IMPROVMENTS TO MULLET CREEK & BISHOP CREEK CHANNELS
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Jontract No. 95CON000048
COOPERATIVE FUNDING AGREEMENT
BETWEEN TIlE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
TIlE CITY OF SAFETY HARBOR, TIlE CITY OF CLEARWATER
AND PINELLAS COUNTY
FOR
TIlE IMPLEMENTATION OF PHASE ONE OF PROPOSED DRAINAGE
IMPROVEMENTS TO MULLET CREEK CHANNELS A & B
AND TO BISHOP CREEK CHANNELS A & B (P449)
TIllS AGREEMENT is entered into this ", day of ':hI. 199t by and between the
SOUTIlWEST 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 referred to collectively as the
IIDISTRICTII; and the CITY OF SAFETY HARBOR, FLORIDA, a municipal corporation
of the State of Florida, hereinafter referred to as IISAFETY HARBORII; and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, hereinafter
referred to as IICLEARWATERII; and PINELLAS COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter referred to as the IICOUNTYII.
WITNESSETH:
WHEREAS, it is the policy of the State of Florida, as described in Chapter 373, Florida
Statutes, and related rules, that water management districts be responsible to protect and preserve
the water resources of Florida; and
WHEREAS, the DISTRICT supports all feasible efforts aimed at promoting the quality,
conservation and protection of all water sources; and
WHEREAS, SAFETY HARBOR has requested the assistance of the DISTRICT,
CLEARWATER and the COUNTY for Implementation of Phase One of Proposed Drainage
Improvements to Mullet Creek Channels A & B and to Bishop Creek Channels A & B,
hereinafter referred to as the IIPROJECTII, and further defined as channel improvements with
associated work at the following locations:
Mullet Creek
Channel A in the vicinity of Fernery Lane.
Channel B at Harbor Lake Drive and at Elm Street.
Bishop Creek
Channel A at Widgeon Place, Harbor Woods Drive and Rainbow Farms.
Channel B at Widgeon Road, Rigsby Lane and North Bay Hills Boulevard.
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Jontract No. 95CON000048
WHEREAS, SAFETY HARBOR, CLEARW ATERand the COUNTY have determined
that approximately sixteen percent (16%) of the land area contributing runoff to Mullet Creek,
and approximately twenty-eight percent (28 %) of the land area contributing runoff to Bishop
Creek, lies within the incorporated area of CLEARWATER, and
WHEREAS, SAFETY HARBOR, CLEARWATER and the COUNTY have determined
that approximately twenty-two percent (22 %) of the land area contributing runoff to Mullet
Creek, and approximately twenty percent (20%) of the land area contributing runoff to Bishop
Creek, lies within the unincorporated area of Pinellas County, and
WHEREAS, SAFETY HARBOR and the COUNTY have previously prepared a basin
management plan for Mullet Creek and Bishop Creek, and have subsequently prepared
construction drawings for the PROJECT, and
WHEREAS, the parties hereto have reached an understanding that SAFETY HARBOR
engage the services of a contractor to implement said PROJECT, and
WHEREAS, SAFETY HARBOR represents that it possesses the requisite skills,
knowledge, expertise and resources necessary to complete the PROJECT.
NOW, THEREFORE in consideration of the mutual terms, covenants and conditions
herein contained, the parties agree as follows:
1.1 INDEPENDENT CONTRACTOR: SAFETY HARBOR shall perform as an
Independent Contractor and not as an employee, representative or agent of the
DISTRICT, CLEARWATER or the COUNTY.
2.1 COMPLIANCE WITH DISTRICT RULES AND REGULATIONS: Coincident with
PROJECT design, the professional designers and DISTRICT regulation staff mutually
agree that the PROJECT technically complies with all applicable DISTRICT rules and
regulations; and prior to PROJECT implementation, permitting approval shall be
obtained.
3.1 SCOPE OF WORK:
3.1.1 Contractine with Contractor. SAFETY HARBOR shall engage the services of
a contractor, hereinafter referred to as the "CONTRACTOR" to implement the
PROJECT in accordance with SAFETY HARBOR's construction plans for the
PROJECT previously submitted to and approved by the DISTRICT,
CLEARWATER and the COUNTY. SAFETY HARBOR shall be responsible
for administering the contract with the CONTRACTOR and shall give Notice To
Proceed to the CONTRACTOR no later than six (6) months after execution of
this agreement, receipt of the final approved construction drawings from the
COUNTY, and receipt of permits and any needed right-of-way and/or easements.
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3.1.2 Approval of Contract and Scope of Work. The DISTRICT shall have final
approval of the contract, including the scope of work, between SAFETY
HARBOR and the CONTRACTOR.
3.1.3 Pennits. Prior to the disbursement of any funds by the DISTRICT,
CLEARWATER and the COUNTY, SAFETY HARBOR shall obtain all
necessary permits from the appropriate agencies and commence construction of
the PROJECT. When 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 for PROJECT construction, unless the applicant has
power of eminent domain.
3.1. 4 Condition. If all of the conditions stated in Sections 3.1.1, 3.1. 2, and 3.1. 3
above do not occur, then this agreement shall be null and void and of no further
effect.
3.1.5 Approval of Report. The final design report with associated data, as used to
develop the construction documents, has been previously approved by the
DISTRICT, CLEARWATER and the COUNTY.
3.1.6 Approval of Bid Documents. All construction bid documents require written
DISTRICT, CLEARWATER and COUNTY approval prior to advertisement.
3.1. 7 Contractor Selection SAFETY HARBOR shall select the CONTRACTOR via
a competitive bid process. The selected CONTRACTOR must meet with
DISTRICT, CLEARWATER and COUNTY written approval. Nothing
contained herein shall create any obligation on the part of the DISTRICT,
CLEARWATER and the COUNTY to defend any challenge brought by any
offerer regarding the selection of the CONTRACTOR.
3.1.8 District. Clearwater and County Recoenition. SAFETY HARBOR shall
develop a public awareness program to announce and promote the PROJECT,
subject to written approval by the DISTRICT, CLEARWATER and the
COUNTY. Acknowledgement of partial funding assistance by the DISTRICT
(both of the collective entities), CLEARWATER and the COUNTY will be
integral to the public awareness effort. At a minimum, the public awareness effort
will include press releases at the initiation and completion of the PROJECT and
signage at the PROJECT site. The signage at the PROJECT site shall include
recognition of funding by the DISTRICT (both of the collective entities),
CLEARWATER and the COUNTY. All signage must meet with DISTRICT,
CLEARWATER and COUNTY written approval as to form, content and
location, and must be in accordance with local sign ordinances.
3.1.9 Completion Dates. SAFETY HARBOR shall commence construction on the
PROJECT within fifteen (15) days after issuing the Notice to Proceed and shall
complete all aforementioned work within thirty-six (36) months of its construction
commence date. If SAFETY HARBOR does not complete said work within
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Jontract No. 95CON000048
aforementioned time frames, SAFETY HARBOR shall reimburse the
DISTRICT, CLEARWATER and the COUNTY for the full amount paid to
SAFETY HARBOR by the DISTRICT, CLEARWATER and the COUNTY.
It is mutually agreed that the above time frame may be extended if mutually
agreed, in writing, by all parties to this agreement.
4.1 REPORTS: SAFETY HARBOR shall submit quarterly status reports in writing to the
DISTRICT (project manager), CLEARWATER and the COUNTY beginning on
March 15, 1995 and until the PROJECT is completed in accordance with this
agreement.
5.1 PROJECT RECORDS AND DOCUMENTS: SAFETY HARBOR will permit the
DISTRICT, CLEARWATER and the COUNTY, upon request, to examine all
PROJECT records, and the right to audit any PROJECT books, documents and papers
during the PROJECT or following completion of the PROJECT. SAFETY HARBOR
shall maintain the records, books, documents and papers for at least three (3) years
following completion of the PROJECT. SAFETY HARBOR recognizes and agrees that
the DISTRICT, CLEARWATER and the COUNTY are subject to the Public Records
provisions of Chapter 119, Florida Statutes, and that all documents, papers letters and
other materials made or received by SAFETY HARBOR in conjunction with the
PROJECT are subject to said provisions.
6.1 FUNDING:
6.1.1 Amount. The estimated total cost of the PROJECT is nine hundred thousand
dollars ($900,000) of which six hundred thousand dollars ($600,000) is water
quality related. The DISTRICT shall fund up to fifty percent (50%) of the water
quality related cost of the PROJECT or a maximum amount of three hundred
thousand dollars ($300,000) which becomes thirty-three and one-third percent
(33.33%) of the estimated total cost of the PROJECT. SAFETY HARBOR
shall fund up to fifty-three and one-third percent (53.33 %) of the estimated total
cost of the PROJECT or a maximum amount of four hundred eighty thousand
dollars ($480,000). CLEARWATER shall fund up to six and two-third percent
(6.67%) of the estimated total cost of the PROJECT or a maximum amount of
sixty thousand dollars ($60,000). The COUNTY shall fund up to six and two-
third percent (6.67%) of the estimated total cost of the PROJECT or a maximum
amount of sixty thousand dollars ($60,000). SAFETY HARBOR shall be
responsible for all costs in excess of the estimated total cost of the PROJECT
and shall disburse SAFETY HARBOR funds prior to requesting reimbursement
from the DISTRICT, CLEARWATER and the COUNTY. The DISTRICT,
CLEARWATER and the COUNTY shall reimburse SAFETY HARBOR only
for costs associated with the CONTRACTOR, and not for administrative related
costs.
6.1.2 Fundin!! Condition. By mutual agreement, SAFETY HARBOR,
CLEARWATER and the COUNTY may share in costs which exceed the
PROJECT estimated total cost of nine hundred thousand dollars ($900,000). The
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DISTRICT shall not share in such excess PROJECT costs. However, the
DISTRICT shall be kept informed by SAFETY HARBOR, in writing and within
reasonable time, of such excess costs, justification therefore and the status of
mutual agreement(s).
The performance and payment obligation of all parties pursuant to this Agreement
shall be conditioned upon their respective Governing Boards and Commissions
approving and appropriating funds for the PROJECT in each Fiscal Year.
6.1.3 Payment Method. Within thirty (30) days after receiving a SAFETY HARBOR
invoice, the DISTRICT, CLEARWATER and the COUNTY shall reimburse
SAFETY HARBOR for properly incurred and approved costs stated in said
invoice. Reimbursement shall be in their respective funding commitments of
thirty-three and one-third percent (33.33%) by the DISTRICT, six and two-third
percent (6.67%) by CLEARWATER and six and two-third percent (6.67%) by
the COUNTY. SAFETY HARBOR shall not submit invoices more frequently
than one per month. Each invoice shall include the following items: Proper
documentation, a cover letter stating the amount of reimbursement being
requested, copies of related requests for payment from SAFETY HARBOR to
the other funding parties for the PROJECT, and copies of invoices and other
supporting documentation from vendors to SAFETY HARBOR. Any invoices
that include labor costs shall detail the manhours and hourly rates involved. In
general, allowable PROJECT costs shall include construction, construction
management and testing of materials. Invoices to the DISTRICT,
CLEARWATER, and the COUNTY are to be sent to, respectively:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
City Engineer
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34616
cc: Terry Finch
Director of Public Works
Pinellas County
440 Court Street
Clearwater, Florida 34616
ATTN: Fiscal Accounts Division
6.1.4 Withholdine Payment. If SAFETY HARBOR fails to perform its obligation in
accordance with this agreement and in a manner acceptable to the DISTRICT,
CLEARWATER and the COUNTY, then upon giving notice to SAFETY
HARBOR of such failure, the DISTRICT, CLEARWATER and the COUNTY
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shall have the right to cease further payments, shall require SAFETY HARBOR
to remedy such failure within a reasonable period of time and shall hold SAFETY
HARBOR responsible for any additional costs incurred in making such remedy.
"Acceptable to the DISTRICT, CLEARWATER and the COUNTY" shall mean
completed in accordance with generally-accepted professional standards and in
accordance with the PROJECT scope of work and budget.
7.1 INDEMNIFICATION. To the extent authorized by law, SAFETY HARBOR shall
defend, indemnify, and save harmless the DISTRICT, CLEARWATER, and the
COUNTY and their agents, employees and officers from all actions, causes, claims,
demands, judgements, losses, payments, recoveries and suits of every kind arising out
of, or resulting from any act or omission of SAFETY HARBOR or its agents,
employees, or subcontractors in relation to this agreement. However, nothing in this
agreement shall be construed as a waiver of sovereign immunity under federal or Florida
law.
8.1 THIRD PARTY BENEFICIARIES. Nothing in this agreement shall be construed to
benefit any person or entity not a party to this agreement.
9.1 PROJECT MANAGERS. The DISTRICT , CLEARWATER, COUNTY and SAFETY
HARBOR shall each designate an employee as its project manager for the purposes of
giving directions and maintaining coordination and review of the PROJECT. The project
manager shall have sole and complete responsibility to transmit instructions, receive
information, interpret and communicate policies and decisions in respect to all matters
pertinent to this agreement. Each party shall notify the other party in a timely manner
of every successor to the original project manager.
10.1 NOTICES. Any notices pursuant to this agreement shall be sent to the other party at the
address shown below, or such later address of which the sending party has received
notice pursuant to this Section.
As to SAFETY HARBOR: Director of Public Works
City of Safety Harbor
750 Main Street
Safety Harbor, Florida 34695
As to CLEARWATER: City Engineer
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34616
cc: Terry Finch
As to COUNTY: Director of Public Works
Pinellas County
440 Court Street
Clearwater, Florida 34616
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As to DISTRICT:
For Contract Issues: Contracts Administration
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34609-6899
For Technical Issues: Engineering Section
Resource Projects Department
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34609-6899
11.1 GOVERNING LAW AND COMPLIANCE. This agreement and all actions taken
pursuant thereto are governed by the laws of the State of Florida. SAFETY HARBOR
shall abide by and assist the DISTRICT, CLEARWATER and the COUNTY in
satisfying all applicable federal, state and local laws, rules, regulations and guidelines,
including but not limited to the Americans with Disability Act (ADA), relative to
performance under this agreement. SAFETY HARBOR shall not discriminate against
any employee or applicant for employment because of race, color religion, sex, handicap,
disability, marital status or national origin.
12.1 INSURANCE. SAFETY HARBOR shall submit a letter to the DISTRICT,
CLEARWATER and the COUNTY providing documentation that SAFETY HARBOR
is self-insured pursuant to Section 768.28, Florida Statutes, for liability and worker's
compensation coverage. In addition, any consultant(s) retained by SAFETY HARBOR
under the provisions of this agreement shall be required to maintain and furnish proof of
commercial general liability , automobile liability and worker's compensation insurance
in amounts acceptable to the DISTRICT'S Risk Management Section.
13.1 CONTRACT PERIOD. This agreement shall commence on the day of execution and
shall remain in effect until SAFETY HARBOR has certified to the DISTRICT,
CLEARWATER and the COUNTY that the PROJECT has been completed in
substantial compliance with the construction contract or on the date four (4) years after
the execution date of this agreement, whichever occurs first, unless terminated or
extended in writing as provided herein.
14.1 ASSIGNMENT. SAFETY HARBOR may not assign or transfer its rights or obligations
under this agreement without prior written consent of the DISTRICT, CLEARWATER
and the COUNTY.
15.1 RELEASE OF INFORMATION. SAFETY HARBOR shall notify the DISTRICT,
CLEARWATER and the COUNTY of any publications or release of any information
relative to performance under this agreement.
16.1 SUBCONTRACTORS. Unless otherwise permitted in this agreement, SAFETY
HARBOR may not subcontract any portion of this agreement without prior written
consent of the DISTRICT, CLEARWATER and the COUNTY. Nothing contained in
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this agreement shall create any contractual relationship between any subcontractor and
the DISTRICT, CLEARWATER or the COUNTY.
17.1 MODIFICATIONS. This agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties.
18.1 TERMINATION. This agreement may be terminated without cause upon written notice
by the DISTRICT, CLEARWATER or the COUNTY. Any such termination shall be
effective upon the fifteenth (15th) day after receipt of written notice by SAFETY
HARBOR. In the event of such termination, SAFETY HARBOR shall be entitled to
compensation for all services reasonably and properly incurred prior to the date of
termination.
IN WITNESS WHEREOF, the lawful representatives of the parties hereto have executed
this agreement on the day and year
first noted above.
SOUTHWFST FLORI~ER MANAGEMENT DISTRICT
~Pl~: ~~ -
/ Peter G. Hubbell , Executive Director #1}
Date: l is:
WITNESSED:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commission
By: ?- ~~
Elizabeth Deptula
City Manager
Approved as to form and
legal suf ciency
ATIEST:
City Attorney's Office
Paul Richard Hull
Assistant City Attorney
By: r '1j~ 1-. fj- .-00-
Cynthi . Goudeau .
Date:
2./.3.. ,I '} S-
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WITNESSED:
,??fi~..d'/ _I/AAA'7Z' By:
conl1'act\mullet.bis
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lntract NO.95CON000048
Chair
o nty Commissioners
Date: ;( - ,2 I - 9 ~
Approved as to form:
By: (1--4 -u~ .~a OA'.~~4
County Attorney
CITY OF SAFETY HARBOR, FLORIDA
~ry~~
Date: ) - 3 - l' 5'
By:
By:
City Atto Y
~ ~.!J. e;?-1J/U~
Ci ty Manager, city of Safet arbor
Date: I - L{ - 9 S-
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