SECOND AMENDMENT TO AGREEMENT FOR THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR THE ALLIGATOR CREEK WATERSHED
AGREEMENT NO. 93CON000204
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
PINELLAS COUNTY, THE CITY OF CLEARWATER
AND THE CITY OF SAFETY HARBOR
FOR
THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE WATERSHED
MANAGEMENT PLAN FOR THE ALLIGATOR CREEK WATERSHED
This SECOND AMENDMENT entered into and effective as of this 31st day of July 2001 by
and between the SOUTHWEST 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 collectively referred to as the
"DISTRICT," and PINELLAS COUNTY, hereinafter referred to as the "COUNTY," and the
CITY OF CLEARWATER, hereinafter referred to as "CLEARWATER," and the CITY OF
SAFETY HARBOR, hereinafter referred to as "SAFETY HARBOR," political subdivisions of
the State of Florida.
WITNESSETH:
WHEREAS, the DISTRICT, COUNTY, CLEARWATER, and SAFETY HARBOR entered into
an Agreement for the development and implementation of a Watershed Management Master
Plan (MANAGEMENT PLAN) for the Alligator Creek Watershed effective October 25, 1994,
as amended August 14, 1998; and
WHEREAS, the parties hereto agree that the MANAGEMENT PLAN, dated June 1997, is
complete and that DISTRICT, COUNTY and CLEARWATER share of funds leftover from the
MANAGEMENT PLAN preparation budget will be reallocated to the implementation phase for
construction; and
WHEREAS, the parties hereto agree that the work effort for the Friendly Village of Kapok
Floodplain and Wetland Restoration Preliminary Planning and Project Development is
completed for the purposes set forth in Exhibit "B" of the Agreement and that funds leftover
from this task will be reallocated to the implementation phase for construction of the Cliff
Stephens Park, Moccasin Lake Park and Channel B Improvements; and
WHEREAS, the parties hereto wish to amend the Agreement to extend the contract period,
revise the Scope of Work, and reallocate funds to the implementation phase for construction.
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the original Agreement,
effective October 25, 1994, as amended August 14, 1998, as follows:
Page 1 of 3
cc- 252 --c!
/'" .//
( .,
'.
1. New paragraph 8, is hereby added to Article II, Funding, as follows:
8. Each CLEARWATER invoice shall include the following certification, and CLEARWATER
hereby agrees to delegate authority to its Project Manager to affirm said certification: ;
"I hereby certify that the costs requested for reimbursement and CLEARWATER's
matching funds, as represented in this invoice, are directly related to the performance
under the Development and Implementation of a Comprehensive Watershed
Management Plan for the Alligator Creek Watershed Agreement between the Southwest
Florida Water Management District, Pinellas County, City of Clearwater and City of Safety
Harbor (Agreement No. 93CON000204), are allowable, allocable, properly documented,
and are in accordance with the approved project budget."
2. Article VII, Duration/Period of Performance, is hereby amended to extend the expiration date
to December 31, 2002
3. Exhibit "C" Paragraph 3.D. Construction Phase Schedule, is hereby amended to complete
construction of the Cliff Stephens Park Improvements by July 31,2002.
4. Exhibit "0" Paragraph 3.0. Construction Phase Schedule, is hereby amended to complete
construction of the Moccasin Lake Park and Channel B Improvements by July 31, 2002.
5. The Scope of Work provided in Exhibit "E," Storm Sampling and Water Quality Model
Calibration, shall not be completed due to a determination by the parties hereto that
completion of the Water Quality Model task is infeasible. The report entitled "Report of Data
Collection," dated February 4, 1999, prepared by HydroScience, Inc. shall be the final
deliverable under Exhibit "E." The budget for this task is reduced to actual funds expended
by the COUNTY and CLEARWATER for work conducted in support of said deliverable
($36,258).
6. Exhibit "F," Funding Schedule and Estimated Project Budget, is hereby replaced in its
entirety with the revised Exhibit "F" (Revised 4/19/01) attached hereto.
7. The terms, covenants and conditions set forth in the original Agreement, effective October
25, 1994, as amended, that have not been specifically amended herein, shall continue in
existence, are hereby ratified, approved and confirmed, and shall remain binding upon the
parties hereto.
The remainder of this page left blank intentionally.
Page 2 of 3
f.I)
.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the day
and year set forth next to their signatures below.
?WUi A ~...~
Witness
1:,;:_,1:,";(;/',:'" -f..
iJ, ':" '. .'.; \
\ ,',.... l.- I
, ,,'.:' ,: ",~)
~,,,,:',',:'~;~ _~,~:~,l . .. , ',_,,:,~,:, ",
Atte,~~'Karleen F ~'DliBlaker
.. Cle[k;dfCir;Ctiri1 Co~'~
.~~
By.c<' ~"''", ................ ",::
"..~~yti Clerk;:, .'" .-
<':~,~ " :'.f:"'- ' ".' '. r: ~~"'..
"..",,,.. ,.'1' '.
/r,," '.'
Appr()ved~s.to.fo'rm:
Approved as to form:
QJ
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
- 0-0 I
Date
FederallD No. 59-0965067
PINELLAS COUNTY
By: c./v ~
Calvin D. Harris, Chairman
Board of County Commissioners
t'Jh /~ft/
'Dale
FederaIID#: 59-6000800
By: %
it am B. Horne II, nterim City Manager Date
Attest:
FederaIID#: 59-6000289
~ -I9-/J (
Date
By:
Stev
Attest: ,/7 _~-
BY:~
Bonita Haynes, City lerk .
FederaIID#: 59-6000419
u -/~ -r? /
Date
~~~~CT APPROVAL ~ l1J1dl
RISKMGMT ~
CONTRACTS ~
RES MAN DEPT DIR (\l.LJ -II?- \
DEPUTY EXEC DIR ,.J.. ~ -
GOVERNING BOARD r:T-' -
Page 3 of 3
AGREEMENT NO. 93CON000204
EXHIBIT "F"
(Revised 04/19/01)
Watershed
Mana emen! Plan $ 500,000.00 $ 464,105.90 $ 250,000.00 50.00% $ 232,052.95 $ 96,000.00 19.20% $ 89,108.33 $ 142,500.00 28.50% $ 132,270.19 $ 11,500.00 2.30% $ 10,674.43
$ 80,000,00 $ 40,290.00 $ 40,000.00 50.00% $ 20,145.00 $ 20,000.00 25.00% $ 10,072.50 $ 20,000.00 25.00% $ 10,072.50
$ 270,000,00 $ 307,389.26 $ 135,000.00 50.07% $ 153,901.02 $ 54,270.00 20.39% $ 62,679.58 $ 80,730,00 29.54% $ 90,808.66
$ 350,000,00 $ 387,389.27 $ 175,000.00 50.05% $ 193,901.03 $ 70,350.00 20.33% $ 78,759.58 $ 104,650.00 29.62% $ 114,728.66
$ 50,000.00 $ 36,258.00 - $ 20,100,00 40.20% $ 14,575.72 $ 29,900.00 59.80% $ 21 682.28
TOTAL COST $ 1,250,000.00 $ 1 ,235,432.43 $ 600,000.00 48.57% $ 600,000.00 $ 260,720.00 20.66% 255,195.71 $ 377,780.00 29.91% $ 369,562.29 $ 11,500,00 0.86% $ 10,874.43
2. ESTIMATED PROJECT BUDGET
SAMPLE/MODEL $ 36,258.00
PLANIDEVELOP $ 40,290.00
DESIGN $ 50,000.00 $ 107,400.00
CONSTRUCTION $ 257,389.26 $ 279,989.27
TOTAL COST $ 40,290.00 $ 307,389.26 $ 387,389,27 $ 36,258.00