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KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT AGREEMENT NO, 02CO NOOOOlo5 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT 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 BroadStreet, 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 4 748, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT's cooperative funding program; and WHEREAS, the project consists ofthe restoration of 37 acres of historic floodplain to its predevelopment condition for flood control, water quality treatment and habitat creation, 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 ofthe 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 below: Project Manager for the DISTRICT: Janie L. Hagberg, P.E. Southwest Florida Water Management District SWIM Section 7601 U.S. Highway 301 North Tampa, Florida 33637 Project Manager for the CITY: Terry Finch City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 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 set forth in this Agreement. Such approval shall be in writing, Page 1 of 6 It} shall explain the reason for the extension and shall be signed by the Project Manager and his/her Department Director, or Deputy Executive Director ifthe 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 of the 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 Thirteen Million Dollars ($13,000,000). The DISTRICT agrees to fund restoration PROJECT costs up to Three Million Dollars ($3,000,000) and shall have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs for the property purchase up to Ten Million Dollars ($10,000,000) 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 CITY hereby recognizes and agrees that DISTRICT funding of the PROJECT is anticipated to be over three Fiscal Years, 2002, 2003 and 2004, and is conditioned upon the inclusion, funding, and approval of the PROJECT in the DISTRICT's annual budgets. If this condition does not occur, this Agreement shall be null and void and the DISTRICT shall not be responsible for any expenses incurred by the CITY. The DISTRICT has approved Five Hundred Thousand Dollars ($500,000) in Fiscal Year 2002 for the PROJECT and the remaining funds, up to the DISTRICT's funding commitment, are anticipated to be available in Fiscal Years 2003 and 2004, contingent upon DISTRICT approval in Fiscal Years 03 and 04. 3.2 The DISTRICT shall reimburse the CITY for the DISTRICT's share of restoration PROJECT costs in accordance with the Project Budget set forth in Exhibit "B." The CITY shall contract with consultants and contractors in accordance with the Special Project Terms and 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 Project Budget and shall be incorporated herein by reference. The DISTRICT shall reimburse the CITY for 100 percent of all allowable restoration design, permitting, construction management and construction 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 expenditures made by the Page 2 of 6 tfJ 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 at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 3.3 The maximum amount of $13,000,000 includes any travel expenses which may be authorized under this Agreement and reimbursement shall be paid only in accordance with Section 112.061, Florida Statutes (F.S.), as may be amended from time to time, District Policy 130-5 and District Procedure 13-5. 3.4 The CITY shall not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.5 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 Kapok Wetland and Floodplain Restoration Project Agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. O:ZCONOOOO,",5 ), are allowable, allocable, properly documented, and are in accordance with the approved project budget." 3.6 The DISTRICT's performance underthisAgreement is conditioned upon the CITY's purchase of the land needed for the PROJECT (Figure 2 of Exhibit "B"). The CITY's purchase of the land needed for the PROJECT will be matched up to, but not to exceed Three Million Dollars ($3,000,000) by the DISTRICT which shall be used towards restoration PROJECT costs. If for any reason the CITY does not purchase the PROJECT property by May 31, 2002, this Agreement shall be null and void and the DISTRICT shall have no further obligations hereunder. No DISTRICT funds shall be expended prior to the purchase of the property by the CITY. 3.7 The DISTRICT shall have no obligation to reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.8 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, 2005, 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, (F.S.). Page 3 of6 ~ . 6. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models, studies, maps or other documents resulting from the PROJECT. 7. 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, F.S. 8. 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. 9. 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 termination under this paragraph, the CITY shall be entitled to compensation for all services reasonably and properly incurred to the date of termination which are allowed under this Agreement. 10. RELEASE OF INFORMATION. The parties shall not initiate any verbal orwritten 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, F .S. 11. DISTRICT RECOGNITION. The CITY shall recognize DISTRICT funding 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. 12. 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 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. 13. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, relative to performance under this Agreement. 14. 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 shall technically comply with all applicable DISTRICT rules and regulations. 15. DISADVANTAGED BUSINESS ENTERPRISES. The DISTRICT expects the CITY to use good faith efforts to ensure that disadvantaged business enterprises, which are qualified under either Page 4 of6 {Jj 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. 16. 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. 17. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. 19. LOBBYING PROHIBITION. Pursuantto Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 20. PUBLIC ENTITY CRIMES. Pursuant to Section 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 21. DISCRIMINATION. Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 22. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may be amended only in writing, signed by all parties to this Agreement. 23. DOCUMENTS. The following documents are attached and made a part of this 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 The remainder of this page intentionally left blank. Page 5 of 6 cO . IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ~ if17 f>w, I ness By: ~J.07.- Date FederaIID#: 59-0965067 Countersigned: City Manager ~~~'cL Da(eV C ne C. Hayman ssistant City Attorney Attest: I O"L. Approved as to form: Date FederaIID#: 59-6000289 COOPERATIVE FUNDING AGREEMENT BElWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT DISTRICT APPROVAL LEGAL RISK MGMT CONTRACTS RM DEPT DIR DEPUTY EXEC DIR GOVERNING BOARD DATE 11- 'if. -0 ( ~ i 1,2.f.t;.dJ I~f~ Page 6 of 6 fI' AGREEMENT NO,(5UDI\lOOC'JOb5 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 previously submitted to the DISTRICT and attached as Exhibit "B." The CITY shall be responsible for administering the contracts with the CONSULTANT and CONTRACTOR and shall give notice to proceed to the CONSULTANT no later than May 31,2002. 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 its approval. The DISTRICT's approval of the construction documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that 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. FINAL DESIGN REPORT AND APPROVAL. The CITY 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 of the PROJECT will reflect the recommendations of the report entitled "Friendly Village of Kapok Floodplain and Wetland Restoration Preliminary Planning and Project Development" prepared by Parsons Engineering Science, Inc. The CONSULTANT shall model the current and proposed conditions for the PROJECT to ensure that design will be in compliance with DISTRICT rules and regulations. The CITY shall have its CONSULTANT perform the necessary geotechnical investigation and field survey for the PROJECT delineation, existing structure location and data, and spot elevations for topographic verification. The CITY will provide copies of all interim work products (e.g., Design Reports, construction plan submittals, specifications, etc.) to the DISTRICT Project Manager for review and comment. Work will not resume on the final design until the DISTRICT's review comments have been satisfactorily addressed and the DISTRICT's Project Manager has provided written approval to proceed with the next phase of design for the specific project under review. The DISTRICT's review comments and/or approvals shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. Upon completion and acceptance of the final design by the CITY and the DISTRICT, the CITY will furnish the DISTRICT with a complete set of the original reproducible drawings of the construction plans for the PROJECT improvements. Page 1 of 2 r:fJ 4. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY's SELECTION OF CONTRACTOR. Upon notifying the CITY's Project Manager, the DISTRICT shall have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT in accordance with Section 287.055, F.S. The CITY shall provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY shall obtain the DISTRICT's approval ofthe selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT shall not unreasonably withhold its approval. 5. OPERATION AND MAINTENANCE: The CITY shall be responsible forthe perpetual operation and maintenance ofthe 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 CITY 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 may include, but are not necessarily limited to: mowing of the PROJECT's grassed areas, 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. This provision shall survive the expiration of this Agreement and shall be binding upon the CITY in perpetuity. 6. 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 its approval. 7. COMPLETION DATES. The CITY shall complete the final design no later than December31, 2003. The CITY shall complete construction of the PROJECT by June 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, or other such 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. Page 2 of 2 rIJ AGREEMENT NO, 02CONoOOOto5 EXHIBIT "B" PROPOSED PROJECT PLAN KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT INTRODUCTION The Friendly Village of Kapok mobile home park was identified and prioritized in the "Comprehensive Watershed Management Plan for the Alligator Creek Watershed" (June 1997) as the most widely recognized and publicized flooding problem within the Alligator Creek watershed due to its severity, frequency, and the number of affected residences. According to historic aerial photography, this area was once a portion of the Alligator Creek floodplain and supported a hardwood swamp ecosystem. Filling of the floodplain and stream channelization within this area started in the 1960's, and very little of the character of the historic floodplain remains. Prior to these impacts, the creek meandered through a forested wetland that extended for several miles. Only a remnant of the original floodplain remains on the southern boundary of the park, and this remnant has been impacted through the impoundment of surface water and silviculture activities that removed the original hardwood trees. As a consequence of the construction in the' former floodplain, the Kapok mobile home park area experiences frequent severe floods, and has been plagued with flooding since the park was established. In the 1997 study, it was established that: Approximately one-third of the 170 structures in the park lie within the 1 O-year floodplain, The majority of the structures lie within the 1 DO-year floodplain, which is only three feet higher than the 1 O-year event. The three bridges that provide access to the mobile home park are flooded during a 25-year event, or larger. Water quality has been degraded since the alterations to the floodplain, due in part to the loss of the treatment benefits provided by the wetland plant species. The flooding problem is of such magnitude that, in order to meet the adopted basinwide flooding level of service criteria, it would be necessary to lower the 25-year flood elevation by approximately 2.0 feet and the 1 DO-year flood elevation by approximately 3.5 feet in the channel reach from the Glen Oak Ave. bridge upstream to the Cliff Stephens Park control weir structure. This situation is complicated even further when it is considered that measures to reduce the degree of flooding in upstream reaches would by necessity reduce the amount of floodplain storage in these areas and further aggravate the mobile home park flooding conditions by increasing the downstream peak flow rates. Several alternatives were considered in the 1997 watershed study to alleviate the documented flooding problems in the Kapok mobile home park. Both upstream flood detention storage and further channelization of Alligator Creek were deemed infeasible from an engineering and environmental permitting standpoint. There is insufficient acreage available in the basin upstream of the mobile home park to provide any appreciable flood detention storage to reduce peak flows to the degree that would be required to alleviate the flooding conditions there. The channelization alternative would require a Page 1 of 8 ~ channel cross section approximately twice the width of the existing and the replacement of the three existing bridge structures in the mobile home park. Also, a drainage and construction easement should be required to construct the prescribed channel configuration and provide maintenance access. This should necessitate the removal of approximately 16 mobile homes from their current sites and the demolition of the clubhouse, pool, and laundry facilities along the channel bank. The channel improvement program should require the excavation of a channel approximately 1.5 feet deeper than the existing and 120 feet wide at the top of bank, beginning at the Cliff Stephens Park control weir and continuing all the way downstream to Alligator Lake For these reasons, the option that was adopted to alleviate the flooding conditions within the Friendly Village of Kapok mobile home park, was the outright purchase of the mobile home park and relocation of the residents. While this option has certain socio-political implications and a significant purchase cost, it was also considered justifiable by the benefits of completely removing the flooding problem and the opportunities that it presents for floodplain restoration, wetland creation and habitat improvement, water quality improvement, and recreation and education facilities. As proposed in the 1997 watershed plan, the existing Cliff Stephens Park control weir should be removed and a new weir structure should be constructed at a point on the channel north of Glen Oak Avenue. This new structure should have a crest length of 75 feet at an elevation of 9.0 feet National Geodetic Vertical Datum (NGVD) to match the control elevation of the existing structure. Upstream of the new control structure a deep channel should be excavated to meet that of the Cliff Stephens Park and facilitate the incorporation of the site as an extension of the park itself. In all, the conceptual plan proposed the recreation of approximately 26 acres of newly created wetland. As such, it should restore the area to what it was prior to the filling of the floodplain in 1966 to construct the mobile home park. The purpose of the PROJECT is design and permitting of the Kapok mobile home park floodplain and wetland restoration PROJECT that was adopted in the 1997 "Comprehensive Watershed Management Plan for the Alligator Creek Watershed." The PROJECT is not intended to fulfill any compensation requirement for other CITY wetland impacts and therefore shall not be used by the CITY for wetland mitigation. FLOODPLAIN AND WETLAND RESTORATION PLAN The proposed preliminary design for the Friendly Village of Kapok Floodplain and Wetland Restoration PROJECT is presented as Figure 1. The key elements ofthe proposed plan to be accomplished by the CITY are discussed in the following sections. Kapok Mobile Home Park Resident Relocation The CITY proposes to purchase the Kapok mobile home park and relocate the current residents to other locations within the CITY as a necessary means of restoring the historical floodplain and wetland of Alligator Creek in this area. There are currently an estimated 202 mobile home units located within the park which should be relocated prior to PROJECT construction. In addition, the clubhouse, laundry, and pool facilities shall be removed along with all on-site utility services prior to PROJECT construction. Page 2 of 8 ofJ Control Structure Relocation and Site Grading In the proposed plan, the existing Cliff Stephens Park control weir, located at the western property boundary of the site, shall be removed and a new weir structure shall be constructed at a point on the channel north of Glen Oak Avenue. This new structure shall have a crest length of 75 feet at an elevation of 9.0 feet NGVD to match the control elevation of the existing Cliff Stephens Park structure. The floodplain restoration shall require excavating and removing the fill placed on the site in the 1960s. This fill material may be sold or used for another construction PROJECT to defray the costs of the earthwork. The grading shall be accomplished so that no slopes exceed 4: 1, and the slopes within the wetlands are very flat. The main channel of Alligator Creek shall be widened significantly and maintained as an open water area upstream of the new control structure. A deep channel shall be excavated to meet the Cliff Stephens Park existing channel and facilitate the incorporation of the site as an extension of the park itself. With a bottom elevation of 3.0 feet NGVD, the channel cross section shall slope no steeper than 4:1 sideslopes to elevation 8.0 feet NGVD. As shown in the preliminary plan, the area below elevation 8.0 feet NGVD, comprising approximately 5.5 acres, shall be open water. The 12.2-acre zone between elevations 8.0 and 9.0 feet NGVD shall be planted as herbaceous wetlands. The zone between elevations 9.0 and 10.0 feet NGVD, comprising another 7.2 acres, should be planted with forested wetland species to mimic those observed in the existing wetland located on the southern property line ofthe mobile home park. The remaining 10.9 acres of the PROJECT area (higher than 10.0 feet NGVD) shall be planted as forested and herbaceous uplands. The grading plan also includes provisions for construction of a 1.0-acre parking area for public access. The proposed grading plan for the PROJECT area shall require the removal of approximately 310,000 cubic yards of fill. The option of selling the fill shall be explored to help defray the earthwork and transportation costs. Upland Areas The PROJECT shall retain an upland buffer on the northern side of the park and restore the floodplain to historic elevations. Existing trees in the upland buffer shall be retained and additional trees shall be planted to screen the park from the residential area to the north and the railroad tracks to provide a more isolated experience for the park visitor. Tree and shrub species recommended for the upland buffer area include southern magnolia, long leaf pine, Virginia live oak, beauty berry, wax myrtle, and possum haw. These are all native species adapted to the conditions provided by the site and shall therefore require little maintenance. They shall also provide wildlife habitat, especially forage and cover habitat for birds. A paved pedestrian/bike trail runs along the northern boundary of the park connecting Cliff Stephens Park on the west to the proposed parklands to the east near Tampa Bay. Two branches off this trail shall head south; one to the elevated boardwalk through the wetlands, and one to cross the control structure in the northeast corner of the park. The latter trail shall allow access to the small parking area on the eastern side of the park. A narrow band of uplands shall also be retained on the eastern side of the park. These uplands shall provide a small paved parking area and sidewalk that shall be meet American Disabilities Act (ADA) Page 3 of 8 riJ requirements to provide access for handicapped visitors to the park. The paved sidewalk shall extend to an elevated boardwalk that shall be discussed in the wetlands section ofthis narrative. This area shall also be planted with native trees and shrubs where possible. Wetlands Planting and Park Facilities The restored floodplain shall include an island in the middle of the main creek channel. This island shall be preserved from existing conditions and shall retain several existing large oak trees. The island shall also provide a vantagepoint from which the entire floodplain can be viewed, and shall also provide an excellent area for picnics. The CITY, separate to this Agreement, shall construct: (i) an elevated boardwalk that shall connect the north side of the island to the pedestrian/bike trail on the north side of the park and connect to the Cliff Stephens Park trail system, (ii) a boardwalk from the southern side of the island shall connect an observation deck on the southern side of the floodplain and to the parking lot on the eastern side of the park. The observation deck shall provide a location for local schools and environmental organizations to conduct educational lectures and for park visitors to relax and admire the wildlife. The boardwalk shall be elevated seven feet above the mean high water elevation to prevent shading of the vegetation and extend it above the 25-year maximum flood elevation. The boardwalk shall be wide enough to accommodate wheelchairs but bicycles shall be prohibited on the boardwalk. Bike racks are provided at each entrance to the boardwalk. The wetlands shall be planted with a variety of native trees, shrubs and herbaceous plants, including red maple, water hickory, pop ash, loblolly bay, swamp tupelo, sweet bay, cypress, buttonbush, Virginia shallow, swamp fern, yellow canna, sawgrass, string lily, soft rush, spatterdock, pickerelweed, arrowhead, bulrush, alligator flag, Virginia chain fern, and water lily. These plants shall provide water quality treatment as well as foraging and breeding habitat for wildlife. Many of the recommended plants, such as the yellow canna, pickerelweed, spatterdock, string lily, and others have attractive flowers that shall add to the aesthetics of the park. The design includes five small deep-water ponds that are intended to provide foraging areas for avifauna. As water elevations drop in the winter dry season, the fish within the wetland shall become concentrated within these five areas and therefore become available for the foraging birds. The trees and shrubs planted in the shallower areas around the perimeter of the wetland shall add to the buffer provided by the upland plantings. The restored wetland and floodplain area, along with the upland areas mentioned previously, when added to the existing undeveloped properties on the south border of the mobile home park, shall bring this total area to nearly 100 acres of contiguous wildlife habitat. Flood Control Benefits In its role as a flood control PROJECT, the proposed Kapok mobile home park floodplain and wetland restoration PROJECT serves multiple purposes. The primary ranked flooding problem area identified in the 1997 "Comprehensive Watershed Management Plan for the Alligator Creek Watershed" shall be Page 4 of 8 1) eliminated with the relocation of the mobile home park residents. The removal of the existing Cliff Stephens Park control weir shall also eliminate the primary contributing factor for the upstream flooding conditions identified along the reach of Alligator Creek between Fairwood Avenue and U.S. Highway 19. Reconstruction of a much longer weir at the downstream location shall reduce the amount of head loss across the control weir, resulting in a reduction of the 10-, 25-, and 1 OO-year flood elevations as follows: LOCATION 10- YEAR FLOOD 25- YEAR FLOOD 100-YEAR FLOOD ELEVATION ELEVATION ELEVATION Existina Proiected Existina Proiected Existina Proiected Glen Oak Ave, 14.98 14.78 (-0.20) 16.63 15.99 (-0.64) 18.20 18.10 (-0.10) Bridae Cliff Stephens Park 18.67 14.78 (-3.89) 19.86 15.99 (-3.87) 21.73 18.10 (-3.63) Weir Fairwood Ave. 19.01 15.72 (-3.29) 20.24 17.19 (-3.05) 22.25 19.40 (-2.85) Bridae Channel G 19.03 15.95 (-3.08) 20.25 17.45 (-2.80) 22.30 19,57 (-2.73) Confluence For the 1 OO-year flood event, the maximum flood elevation shall be lowered at the Fairwood Avenue bridge by 2.85 feet. Correspondingly, the 100-year maximum flood elevation in Channel G should be lowered by 2.73 feet to elevation 19.57 feet NGVD to eliminate the indicated structural flooding conditions in adjacent apartment complexes. In addition to the hydraulic benefits to be attained, the excavation of the PROJECT site for wetland creation shall also provide additional floodplain storage volume within the Friendly Village of Kapok mobile home park site that shall serve to attenuate the peak flow rate in the downstream channel reaches. As it is, the peak flow rates downstream of the new weir structure shall be moderately increased due to the large reduction of the maximum flood elevations in the upstream channel reaches which were designed to address the other flooding problem areas in the watershed. The 25-year peak flow should increase from 1,430 cfs to 1,650 cfs, and the 1 OO-year peak flow should increase from 2,400 cfs to 2,590 cfs. There is, however, no development that should be adversely impacted by the increase. Water Quality Benefits In addition to the potential multiple PROJECT benefits for flood control, environmental enhancement; recreation, education, and wetland compensation, the proposed Kapok mobile home park floodplain and wetland restoration PROJECT shall also enhance the water quality treatment function of the existing and proposed stormwater treatment facilities in Cliff Stephens Park and Moccasin Lake Park by adding to a train of successive treatment. To preserve the recreational and environmental aspects of these two CITY owned parks, the CITY is pursuing the design, permitting, and construction of sedimentation ponds at the inflow locations of Channel A and Channel G to Cliff Stephens Park, and Channel B as it enters Moccasin Lake Park. These proposed facilities shall function as initial traps for the coarser sediment load fractions of the total pollutant loadings of these channels as they enter the respective park settings and capture an estimated 50 to 70 percent of the total suspended sediment loadings at those points. Page 5 of 8 ciJ Subsequent to this initial treatment, stormwater flows shall be discharged to the downstream impoundments for extended detention and further treatment by physical processes. The proposed Kapok mobile home park PROJECT shall add to the wet detention treatment volume of the Cliff Stephens Park impoundment, thereby providing greater residence time. More importantly, however, the construction of 19.4 acres of herbaceous and forested wetlands at the tail end of the treatment process shall add a bioaccumulation process to the treatment train that is presently absent. The Cliff Stephens Park impoundment provides only a narrow fringe of wetland vegetation and little biologic uptake of nutrients is provided. This PROJECT shall contribute this function to the treatment train and enhance the overall pollutant removal efficiency it to control delivery of pollutant loadings downstream to Alligator Lake and the upper Tampa Bay. Deliverables · Executed Consultant Contract · Plans, 30%, 60%, 90% · Final Design Plans · Copies of Permits · Bid Documents and Tabulations · Executed Construction Contract Documents · Record Drawings Project Budget Property Purchase CITY $10,000,000 o DISTRICT $0 500,000 TOTAL $10,000,000 500,000 Restoration Design/Permitting/ Construction Management Restoration Construction o 2.500.000 $3,000,000 2.500.000 $13,000,000 TOTAL $10,0000 The CITY, separate to this Agreement, shall be responsible for all construction costs related to recreational park facilities including but not limited to: boardwalks, observation decks/towers and restroom facilities. Page 6 of 8 ,00 ~ 1J Dl :c (\) ....., a CD e lip .." . "f' ICALIf 1'.'" / PROI'OSED CONTROL STRUCTURE (WElR)/PEDESTRIAN BRIDGE FtEDUt:f:D Figure 1 Kapok Wetland and Floodplain Restoration Project W250 LEGENDI . FOIESTEO UJETLANO FOfeSTEO Uf8LANO D Hl!teACEOW UETLANO [:=J WE~OUS Uf8LAND , APPROXIMATE PROPERTY BOUNDARY -- -- ..8 CITY OF C1.EARWAlEll, FLORIDA ENGINeERING DEPARTMENT ENOINEERlHO SERVICES KAPOK FLOOD PLAIN Ie WETLAND RESTORATION PROJBlCT CONCIPTUAL PLAN ......J:.!!..!!.-- - '. -- ... Figure 2 Location Map SAN SAN TJoIOMAS WOLFE RD CTIY or CJ.E'AR1r"- ....._ I1.ORIDA PUBUC WO~""" .n.tW ADMlNISTRATJON ENGDIEIlRINC Page 8 of 8