FIRST AMENDMENT TO AGREEMENT FOR ALLIGATOR CREEK IMPLEMENTATION PROJECTS PHASE II (L054)
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AGREEMENT NO. 04CON000003
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE" (L054)
This FIRST AMENDMENT effective as of the 1 st day of November 2004 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 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 DISTRICT and the CITY entered into an Agreement dated October 14, 2003,
for design, permitting, and construction of channel improvements, a treatment pond and
bridge and culvert replacements; and
WHEREAS, the parties hereto wish to amend the Agreement to increase the funding amount
to include Fiscal Year 2005 funds.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the original Agreement, dated
October 14, 2003, as follows:
1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding $3,000,000 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 Five
Million Dollars ($5,000,000). The DISTRICT agrees to fund PROJECT costs up to
Two Million Five Hundred Thousand Dollars ($2,500,000) and will have no obligation
to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT
costs up to Two Million Five Hundred Thousand Dollars ($2,500,000) and will be
responsible for all costs in excess of the anticipated total PROJECT cost.
2. Exhibit "B," Proposed Project Plan is hereby replaced in its entirety with Exhibit "B-1,"
Proposed Project Plan (Revised 11/01/04) attached hereto.
3. The terms, covenants and conditions set forth in the original Agreement, dated October
14, 2003, 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.
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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; ~;( ~/
David L. Moore, Executive Director
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Date
CITY OF CLEARWATER
By: See City Signature Page
William B. Horne III, City Manager
Date
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE III (L054)
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DISTRICT APPROVAL INITIALS DATE ...
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RISK MGMT N/A
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DEPUTY EXEC DIR , 1-[ .L/
GOVERNING BOARD N/A
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Countersigned:
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E.li'nk V. Hibbard '
Mayor
Approved as to form:
AGREEMENT NO. 04CON000003
CITY OF CLEARWATER, FLORIDA
By. ~~-:rr:
William B. Horne II
City Manager
Attest:
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AGREEMENT NO. 04CON000003
EXHIBIT "B-1"
PROPOSED PROJECT PLAN
(Revised 11/01/04)
Project Description
This PROJECT involves the implementation of Best Management Practices (BMPs) and
includes stormwater management infrastructure improvements, and consists of design,
development of construction documents, construction permitting, contractor selection,
construction engineering and inspection, and construction of the following BMPS:
. Widening the channel from N.E. Coachman Road to Old Coachman Road;
. Channel A Improvements from Old Coachman to US 19;
. Larger Box Culverts at Solid Waste Transfer Station Entrance Road;
. Off-Line Treatment Pond;
. Solid Waste Transfer Station Culverts;
. Old Coachman Road Bridge Replacement and Roadway Elevation;
. Reconstruct Weir at Brighthouse Networks Field
. Old Coachman Road Culvert Replacement;
. Borrow Pit and Channel A Connection; and
. Erosion Control Measures in Channel G,
Scope of Work
Key tasks to be performed by the CITY for each BMP:
1. Attend one meeting with the DISTRICT prior to beginning the BMP to discuss the
approach, schedule and budget;
2. Provide engineering service to design, apply for permits, and prepare construction
documents;
3. Provide the DISTRICT with one draft (60% level) and one final design report and
construction documents for review;
4, Bid, select and hire a CONTRACTOR to complete the construction in accordance with
the approved bid documents;
5, Provide construction engineering and inspection services during construction;
6. Monitor all phases of construction by means of survey, observations and materials
testing to give reasonable assurance that the construction work will be performed in
accordance with the approved plans and specifications set forth in the DISTRICT
approved contract between the CITY and its CONTRACTOR;
7. Provide the DISTRICT with one copy of a summary of the construction quality assurance
data, construction record drawings and permit related submittals;
8. Be responsible for any post-PROJECT reporting that may be required by the permitting
agencies.
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The CITY will design and obtain permits for the Erosion Control Measures in Channel G
without funding assistance from the DISTRICT. The DISTRICT will fund its share of the
construction of Erosion Control Measures in Channel G.
Project Deliverables
The CITY will provide the following for each BMP:
1. One copy of a summary of the construction quality assurance data, construction record
drawings and permit related submittals.
2. Contracts between the CITY and its CONSUL TANT(s) and CONTRACTOR(s).
3. One copy of the 60% completion level and final design report, drawings and construction
documents.
Project Budget
Task Description DISTRICT CITY TOTAL
Design Costs $ 250,000 $ 250,000 $ 500,000
Construction Costs $2,250,000 $2,250,000 $4,500,000
Project Total $2,500,000 $2,500,000 $5,000,000
Project Schedule
Task
Site Characterization
Land Survey
Geotechnical Surve
Subsurface Uti!' Surve
Prelimina Desi n Report
30% Construction Plans
60% Construction Plans
Permit A plication Submittal
90% Construction Plans
Final Construction Documents
Biddin Phase
Commence Construction
Com lete Construction
09/15/04
1 0/08/04
12/17/04
07/30/04
12/15/04
03/16/05
04/04/05
06/01/05
08/03/05
10/05/05
02128/06
01/31/07
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