COOPERATIVE FUNDING AGREEMENT FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
AGREEMENT NO. OlCON000156
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM:
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State
of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and
on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the
"DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida,
whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater Florida, 33758-
4748, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a multi-year funded project to evaluate and implement a
stormwater management program in the Stevenson Creek Watershed for funding consideration
under the DISTRICT's cooperative funding program; and
WHEREAS, the stormwater management program for the Stevenson Creek Watershed is in the
Pinellas-Anclote River Basin Board's five-year plan with a budget of $3,790,000; and
WHEREAS, the project consists of the selection, design, permitting and construction of flood
protection and water quality Best Management Practices in the Stevenson Creek Watershed,
hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY
in funding the PROJECT.
NOW, THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers shall assist with
PROJECT coordination and shall be each party's prime contact person. Notices or reports
shall be sent to the attention of each party's Project Manager by U.S. mail, postage paid,
to the parties' addresses as set forth in the introductory paragraph of this Agreement.
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Project Manager for the DISTRICT:
Project Manager for the CITY:
Richard Mayer
Elliot Shoberg
Any changes to the above representatives or addresses must be provided to the other party
in writing.
1.1 The DISTRICT's Project Manager is hereby authorized to approve requests to
extend a PROJECT task deadline setforth in this Agreement. Such approval shall
be in writing, shall explain the reason for the extension and shall be signed by the
Project Manager and his/her Department Director, or Deputy Executive Director
if the Department Director is the Project Manager. The DISTRICT's Project
Manager is not authorized to approve any time extension which will result in an
increased cost to the DISTRICT or any time extension which will likely delay the
final PROJECT task deadline.
1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount ofthe
PROJECT Budget set forth in Exhibit "B" or, if applicable, the refined budget as set
forth in Paragraph 3.1 below. The adjustment shall be in writing, shall explain the
reason for the adjustment, and shall be signed by the Project Manager, his/her
Department Director and their Deputy Executive Director. The DISTRICT's Project
Manager is not authorized to make changes to the Scope of Work and is not
authorized to approve any increase in the not-to-exceed amount set forth in the
funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY shall perform the services necessary to complete the PROJECT in accordance with
the Special Project Terms and Conditions set forth in Exhibit "A" and the Proposed Project
Plan set forth in Exhibit "B," both attached hereto and incorporated herein. Any changes
to this Scope of Work and associated costs shall be mutually agreed to in a formal written
amendment approved by the DISTRICT Governing Board and the CITY prior to being
performed by the CITY. The CITY shall be solely responsible for managing the PROJECT,
including the hiring and supervising of any consultants or contractors it engages under this
Agreement.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be One Million
Five Hundred Thousand Dollars ($1,500,000). The DISTRICT agrees to fund PROJECT
costs up to Seven Hundred Fifty Thousand Dollars ($750,000) and shall have no obligation
to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs
up to Seven Hundred Fifty Thousand Dollars ($750,000) and shall be responsible for all
costs in excess of the anticipated total PROJECT cost. The CITY shall be the lead party
to this Agreement and shall pay PROJECT costs prior to requesting reimbursement from
the DISTRICT.
3.1 The DISTRICT shall reimburse the CITY for its share of PROJECT costs in
accordance with the proposed Budget set forth in Exhibit "8." The CITY shall contract
with consultants and/or contractors in accordance with the Special Project Terms and
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Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget
amounts for the work set forth in such contract(s) shall refine the amounts set forth
in the proposed Budget and shall be incorporated herein by reference. The
DISTRICT shall reimburse the CITY for 50 percent of all allowable costs in each
DISTRICT approved invoice received from the CITY, but at no point in time shall the
DISTRICT's expenditure amount under this Agreement exceed such expenditures
made by the CITY. Payment shall be made to the CITY within thirty (30) days of
receipt of an invoice, with the appropriate support documentation, which shall be
submitted to the DISTRICT on a monthly basis at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The CITY shall not use any DISTRICT funds for any purposes not specifically
identified in the above Scope of Work.
3.3 Each CITY invoice shall include the following certification, and the CITY hereby
agrees to delegate authority to its Project Manager to affirm said certification:
"I hereby certify that the costs requested for reimbursement and the CITY's
matching funds, as represented in this invoice, are directly related to the
performance under the Stevenson Creek Watershed Management Program:
Implementation of Best Management Practices (K394) Agreement between the
Southwest Florida Water Management District and City of Clearwater, Florida
(Agreement No. OlCON000156 ), are allowable, allocable, properly documented,
and are in accordance with the approved project budget."
3.4 The DISTRICT shall have no obligation to reimburse the CITY for any costs under this
Agreement until construction of the PROJECT has commenced.
3.5 The DISTRICT's performance and payment pursuant to this Agreement is contingent
upon the DISTRICT's Governing Board appropriating funds for the PROJECT.
4. CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and
shall remain in effect until December 31,2006, unless terminated or extended in writing by
mutual written agreement of the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party shall, upon request, permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Each party shall maintain all such records and
documents for at least three (3) years following completion of the PROJECT. All records
and documents generated or received by either party in relation to the PROJECT are
subject to the Public Records Act in Chapter 119, Florida Statutes.
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6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or products,
including intellectual property and rights thereto, purchased under this Agreement with
DISTRICT funds or developed in connection with this Agreement shall be and remain the
property of the DISTRICT.
7. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models,
studies, maps or other documents resulting from the PROJECT.
8. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent
acts or omissions of its officers, employees, contractors and agents; however, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity or the
limitations set forth in Section 768.28, Florida Statutes.
9. DEFAULT. Either party may terminate this Agreement upon the other party's default in
complying with any term or condition of this Agreement, as long as the terminating party
is not in default of any term or condition of this Agreement. To effect termination, the
terminating party shall provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing the term and/or condition with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement shall
automatically terminate.
1 O. TERMINATION WITHOUT CAUSE. This Agreement may be terminated by the DISTRICT
without cause upon fifteen (15) days written notice to the CITY. Termination shall be
effective upon the fifteenth (15th) day after the CITY's receipt of said notice. In the event
of such termination the CITY shall be entitled to compensation for all services reasonably
and properly incurred to the date of termination.
11. RELEASE OF INFORMATION. The parties shall not initiate any verbal or written media
interviews or issue press releases on or about the PROJECT without providing advance
copies to the other party. This provision shall not be construed as preventing the parties
from complying with the public records disclosure laws set forth in Chapter 119, Florida
Statutes.
12. DISTRICT RECOGNITION. The CITY shall recognize DISTRICTfunding 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, the CITY shall provide signage at the PROJECT site
that recognizes funding for this PROJECT provided by the DISTRICT and, if applicable, the
Basin Board(s). All signage must meet with DISTRICT written approval as to form, content
and location, and must be in accordance with local sign ordinances.
13. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits and all real
property rights necessary to complete the PROJECT prior to commencing any construction
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involved in the PROJECT. The DISTRICT shall have no obligation to reimburse the CITY
for any costs under this Agreement until the CITY has obtained such permits and rights.
14. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local
laws, rules, regulations and guidelines, relative to performance under this Agreement.
15. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves
design services, the CITY's professional designers and DISTRICT regulation and projects
staff shall meet regularly during the PROJECT design to discuss ways of ensuring that the
final design for the proposed PROJECT will technically comply with all applicable
DISTRICT rules and regulations.
16. DISADVANTAGED BUSINESS ENTERPRISES. The DISTRICT expects the CITY to use
good faith efforts to ensure that disadvantaged business enterprises, which are qualified
under either federal or state law, have the maximum practicable opportunity to participate
in contracting opportunities under this project Agreement. Invoice documentation
submitted to the DISTRICT under this Agreement shall include information relating to the
amount of expenditures made to disadvantaged businesses by the CITY in relation to this
Agreement, to the extent-the CITY maintains such information.
17. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the PROJECT,
without the written consent of the other party.
18. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any
relationship between the DISTRICT and any subcontractor of the CITY.
19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit
any person or entity not a party to this Agreement.
20. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
21. DOCUMENTS. The following documents are attached and made a part ofthis Agreement.
In the event of a conflict of contract terminology, priority shall first be given to the language
in the body of this Agreement, then to Exhibit "A," and then to Exhibit "B."
A. Exhibit "A"
B. Exhibit "B"
Special Project Terms and Conditions
Proposed Project Plan
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IN WITNESS WHEREOF, the parties hereto, ortheir lawful representatives, have executed this
Agreement on the day and year set forth next to their signatures below.
Witness:
Leslie K. Doug I Sides
Assistant City Attorney
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: ~ <("r.Ol
'""E. . Verga x utive Director Date
FederaIID#: 59-0965067
CITY OF CLEARWATER, FLORIDA
B'!l',I{). '.4~.,~.~ Jr.
~ B Horne, City Manager Date
Attest:
By: ~ C. ,&....Q,.,.-
Cy ia E. Goudeau, Cify Clerk
FederaIID#: 59-6000289
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ate
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM:
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
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DISTRICT APPROVAL INITIALS ~AT7
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DEPUTY EXEC DIR
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AGREEMENT NO. OlCON000156
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY shall engage the
services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design and
a contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT
in accordance with the Proposed Project Plan attached as Exhibit "B." The CITY shall be
responsible for administering the contracts with the CONSULTANT and CONTRACTOR.
2. APPROVAL OF BID DOCUMENTS. The CITY shall obtain the DISTRICT's written approval
of all construction bid documents prior to being advertised or otherwise solicited. The
DISTRICT shall not unreasonably withhold such approval. The DISTRICT's approval of the
construction documents does not constitute a representation orwarranty that the DISTRICT
has verified the architectural, engineering, mechanical, electrical, or other components of
the construction documents, orthat such documents are in compliance with DISTRICT rules
and regulations or any other applicable rules, regulations, or laws. The DISTRICT's
approval shall not constitute a waiver of the CITY's obligation to assure that the design
professional performs according to the standards of his/her profession. The CITY shall
require the design professional to warrant that the construction documents are adequate
for bidding and construction of the PROJECT.
3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND CONTRACTOR. Upon
notifying the CITY's Project Manager, the DISTRICT shall have the option of participating
in the CITY's selection of the CONSULTANT and CONTRACTOR.
4. APPROVAL OF CONTRACT. The CITY shall obtain the DISTRICT's prior written approval
of all contracts entered into with its CONSULTANTS and its CONTRACTORS as referenced
above in item number one of this exhibit. The DISTRICT shall not unreasonably withhold
such approval.
5. COMPLETION DATES. The CITY shall commence construction on the PROJECT by
November 1,2002 and shall complete all aforementioned work by September 30, 2005.
However, in the event of any national, state or local emergency which significantly affects
the CITY's ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war,
orothersuch catastrophes, or other man-made emergencies beyond the control of the CITY
such as labor strikes or riots, then the CITY's obligation to complete said work within
aforementioned time frames shall be suspended for the period of time the condition
. continues to exist.
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AGREEMENT NO. OlCON000156
EXHIBIT "B"
PROPOSED PROJECT PLAN
Proiect Description
This is the second year of funding of a multi-year watershed management program to evaluate
and implement Best Management Practices (BMPs) in the Stevenson Creek Watershed. With
the first year of funding, a Watershed Management Plan is being developed. This Watershed
Management Plan includes extensive analysis of the present and future conditions in the
watershed. Hydrology, hydraulics and water quality models are being developed as tools to
identify needs and to evaluate BMP's. Recommendations for flood protection and water quality
BMP's and the probable construction costs for implementation are also being developed.
In this second year of funding of the Stevenson Creek Watershed Management Program, the
City of Clearwater shall be implementing the BMPs that can be constructed within the budget
limits of this Agreement.
Scope of Work
Based on the results of the Watershed Management Plan being developed with first year
funding, the CITY shall complete the following tasks to accomplish the PROJECT:
Task 1. Project Selection - The CITY shall group the BMPs it plans to implement into
construction projects. Then the CITY shall prepare a Project Plan with thescope, preliminary
design plans, cost and schedule data, and a discussion of permitting issues for each of these
projects and submit it to the DISTRICT for review and approval. The Project Plan shall include
a line item budget and schedule for design, permitting, development of contract documents,
contractor selection and construction of the recommended BMPs.
Upon written DISTRICT approval of the ProjectPlan developed in Task 1, Tasks 2 through 4 of
this PROJECT shall be implemented in accordance with said plan.
Task 2. Design and Permitting of Selected Projects - For each selected project, the CITY shall
proceed with final design and prepare a design report describing the design including
calculations. The CITY shall also prepare an Environmental Resource Permit (ERP) application
and obtain a construction permit for each project. The CITY shall submit two copies of a 70
percent draft of the design report and the ERP application(s) to the DISTRICT for review and
comment. The CITY shall incorporate the DISTRICT comments into the design report and
application and submit two copies of the final documents to the DISTRICT. The CITY shall
provide the DISTRICT with two copies of the approved ERP for each construction project.
Task 3. Contract Documents and Contractor Selection - For each selected project, the CITY
shall prepare specifications using industry standards specification format, tailored for each ofthe
construction project(s). The bidding documents shall include all the information necessary for
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soliciting bids and for guiding the contractor during construction. The CITY shall submit
construction bid documents to the DISTRICT for review and written approval prior to
advertisement. The CITY shall incorporate DISTRICT comments and then advertise and award
the project in accordance with the Special Project Terms and Conditions set forth in Exhibit "A"
of this Agreement.
Task 4. Construction - For each selected project, the CITY shall monitor construction through
surveys, observations and materials testing to give reasonable assurance that the work shall be
performed in accordance with approved plans and specifications. Upon completion of the
construction, the CITY shall provide the permitting agencies the project close-out information,
including but not limited to construction record drawings and quality assurance testing data.
Proiect Deliverables
The CITY shall provide 2 copies of the following documents to the DISTRICT in accordance with
the above Scope of Work.
Task 1. Project Selection
Project Plan
Task 2. Design and Permitting
of Selected Projects
Daft design (70%) report
Draft ERP applications, ERP applications and ERP's
Task 3. Contract Documents and
Contractor Selection
Construction bid documents
Contract documents
Task 4. Construction
As-built drawings
Construction close-out documentation
Proiect Budget
TASK DESCRIPTION DISTRICT CITY TOTAL
1. Project Selection $8,000 $8,000 $16,000
2. Design & Permitting of $60,000 $60,000 $120,000
Selected Projects
3. Contract Documents and $30,000 $30,000 $60,000
Contractor Selection
4. Construction $652.000 $652,000 $1,304,000
Totals $750,000 $750,000 $1,500,000
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Proiect Schedule
Project activities shall be initiated/completed as indicated below. The actual design, permitting
and construction schedules for individual projects shall be accomplished in accordance with the
Project Plan developed in Task 1.
Activity
Initiation/Completion Date
A. CONSULTANT selected
B. Projects selected
C. Commence Design & Permitting
D. Commence construction
E. Complete construction
December 15, 2001
February 28, 2002
March 1, 2002
November 1, 2002
September 30,2005
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