FIRST AMENDMENT FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
,
'ti...l
AGREEMENT NO. 02CON000086
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM:
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
This FIRST AMENDMENT 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, Clearwater, Florida 33758-4748, hereinafter referred to as the
"CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 9, 2002. for
a multi-year funded project to evaluate and implement a stormwater management program in
the Stevenson Creek Watershed; and
WHEREAS, the parties hereto wish to amend the Agreement to increase the proposed
PROJECT cost and include approved FY 2004 funding, and revise the Project Schedule and
Budget.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the original Agreement, dated
April 9, 2002, as follows:
1. The second WHEREAS is hereby replaced in its entirety with the following:
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 $7,001,120;
and
2. Paragraph 3, Funding, is hereby amended to increase the total PROJECT cost
$2,151,120 by replacing the first three sentences in their entirety as follows:
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Seven
Million One Thousand One Hundred Twenty Dollars ($7,001,120). The DISTRICT
agrees to fund PROJECT costs up to Three Million Five Hundred Thousand Five
Hundred Sixty Dollars ($3,500,560) and shall have no obligation to pay any costs
beyond this maximum amount. The CITY agrees to fund PROJECT costs up to Three
Million Five Hundred Thousand Five Hundred Sixty Dollars ($3,500,560) and shall be
responsible for all costs in excess of the anticipated total PROJECT cost.
Page 1 of 4
'....,
, '
.
3. Subparagraph 3,2 is hereby amended to increase the maximum amount to $7,001,120.
4. Subparagraph 3.4 is hereby replaced in its entirety with the following:
3.4 The CITY hereby recognizes and agrees that DISTRICT funding of the PROJECT
will be funded over several fiscal years, and is conditioned upon the inclusion,
funding, and approval of PROJECT funds in the DISTRICT's annual budgets, The
DISTRICT approved Five Hundred Six Thousand Two Hundred Fifty Dollars
($506,250) in Fiscal Year 2002, Four Hundred Eighteen Thousand Seven Hundred
Fifty Dollars ($418,750) in FY 2003, One Million Five Hundred Seventy Five
Thousand Five Hundred Sixty Dollars ($1,575,560) in FY2004, and the remaining
funds up to the DISTRICT's funding commitment are anticipated to be available in
subsequent fiscal years. If DISTRICT funding in any subsequent year does not
occur, the CITY shall be responsible for all funding necessary to complete the
PROJECT.
5. Exhibit "A," Paragraph 5, Completion Dates, is hereby amended to commence
construction on the PROJECT by November 30, 2004 and complete all work by
December 31,2009,
6. Exhibit "B," Project Description, is hereby amended to replace the first four paragraphs
with the following:
This contract is a continuation of a multi-year funded, multi-phased project to
implement selected Best Management Practices (BMP's) developed in the Stevenson
Creek Watershed Management Plan that address flood protection, natural systems
and water quality issues, It includes design, permitting, preparation of construction
documents, and construction of the Glen Oaks Stormwater Management Area.
7. Exhibit "B," Project Budget and Project Schedule, is hereby replaced in their entirety with
the following:
Proiect Budaet
Task Description DISTRICT CITY TOTAL
1. Project Selection $0 $0 $0
, 2. Design & Permitting $ 416,477 $ 416,477 $ 832,954
3. Contract Documents and $ 208,234 $ 208,234 $ 416,468
Contractor Selection,
4. Construction $2,875,849 $2,875,849 $5,751,698
Totals $3,500,560 $3,500,560 $7,001,120
Page 2 of 4
\>#;-
Proiect Schedule
Activitv
Initiation/Comoletion Dates
A. Select CONSULTANT
B. Select Projects
C. Commence Design & Permitting
C. Complete Design & Permitting
D. Commence construction
E. Complete construction
Complete by February 28,2002
Complete by April 30, 2002
Initiate by May 31, 2002
Complete by May 31 , 2004
Initiate by November 30, 2004
Complete by December 31 , 2009
8. The terms, covenants and conditions set forth in the original Agreement, dated April 9,
2002, that have not been specifically amended herein, will continue in existence, are
hereby ratified, approved and confirmed, and will remain binding upon the parties hereto.
The remainder of this page intentionally left blank,
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day
and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: ~LL--
David L. Moore, xecutive Director
3'-,%-0'1
Date
CITY OF CLEARWATER
r
Date
By:
Date
ATTEST:
Approved as to form:
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STEVENSONS CREEK WATERSHED MANAGEMENT PROGRAM:
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
DISTRICT APPROVAL INITIALS . J?~Tf _ ~
LEGAL II1.Ul1!Q2
RISK MGMT
CONTRACTS II
RM DEPT DIR ~. ()
DEPUTY EXEC DIR ~
GOVERNING BOARD m
Page 4 of 4
.#
Proiect Schedule
Activity
Initiation/Comoletion Dates
A. Select CONSULTANT
B. Select Projects
C. Commence Design & Permitting
C, Complete Design & Permitting
D. Commence construction
E. Complete construction
Complete by February 28, 2002
Complete by April 30, 2002
Initiate by May 31,2002
Complete by May 31 , 2004
Initiate by November 30, 2004
Complete by December 31 , 2009
8. The terms, covenants and conditions set forth in the original Agreement, dated April 9,
2002, that have not been specifically amended herein, will continue in existence, are
hereby ratified, approved and confirmed, and will remain binding upon the parties hereto,
The remainder of this page intentionally left blank,
Page 3 of 4