SECOND AMENDMENT TO AGREEMENT FOR ALLIGATOR CREEK IMPLEMENTATION PROJECT, PHASE II (L054)AGREEMENT NO. 04CON000003
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE II (1-054)
This SECOND AMENDMENT entered into and effective this 1st day of July, 2009 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 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 effective October 14,
2003 (Original Agreement) as amended November 1, 2004, for design, permitting, and
construction of channel improvements, a treatment pond and bridge and culvert
replacements; and
WHEREAS, the parties hereto wish to further amend the Original Agreement to reduce the
scope of work; revise the project budget and schedule; and reduce the funding amount to
allow re-evaluation of part of the original project scope based on a refined Best Management
Practices (BMPs) alternative analysis.
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 14, 2003, as amended, as follows:
1. Paragraph 1, Project Manager and Notices, is hereby amended to replace the CITY'S
Project Manager with Allison McKinney.
2. Paragraph 3, Funding, is hereby amended to decrease PROJECT funding $3,537,902 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 One
Million Four Hundred Sixty-Two Thousand Ninety-Eight Dollars ($1,462,098). The
DISTRICT agrees to fund PROJECT costs up to Seven Hundred Thirty-One Thousand
Forty-Nine Dollars ($731,049) and will have no obligation to pay any costs beyond this
maximum amount. The CITY agrees to fund PROJECT costs up to Seven Hundred
Thirty-One Thousand Forty-Nine Dollars ($731,049) and will be responsible for all
costs in excess of the anticipated total PROJECT cost.
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3. Paragraph 5, Completion Dates, of Exhibit "A," is hereby amended by replacing the first
sentence in its entirety with the following:
5. COMPLETION DATES. The CITY will commence construction on the Project by
December 31, 2004, and will complete all work on the PROJECT by December 1,
2010.
4. Exhibit "B," Proposed Project Plan, is hereby replaced in its entirety with Exhibit "B-2,"
Proposed Project Plan (Revised July 1, 2009), attached hereto.
5. The terms, covenants and conditions set forth in the Original Agreement, as amended,
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 left blank intentionally.
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IN WITNESS WHEREOF, the parties hereto have executed this'SECOND AMENDMENT on
the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: f?-I a
David L. Moore, Executive Director
Countersigned: CITY OF CLEARWATER
y-
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Frank V. Hibbard, Mayor
Approved as to form:
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Leslie K. Do a I-Sides
Assistant City orney
Date
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William B. Horne II, City Manager Date
ATTEST:
E. Goudeau, City Clerk
aye
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE II (1-054)
DIS'T'RICT APPROVAL INITIALS DATE
LEGAL MIJAA r/s°ral
RISK MGMT NIH
CONTRACTS I D`?
RP DEPT DIR
DEPUTY EXEC DTR
GOVERNING BOARD
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AGREEMENT NO. 04CON000003
EXHIBIT "B-2"
PROPOSED PROJECT PLAN
(Revised July 1, 2009)
Project Description
This PROJECT involves the Implementation of BMPs and consists of design, development of
construction documents, construction permitting, contractor selection, construction
engineering and inspection, and construction of the following BMPs:
• Channel stabilization and widening of Channel A in Northeast Coachman Park, and
• Erosion Control Measures in Channel G.
Scope of Work
Key tasks to be performed by the CITY for each BMP:
1. The CITY shall attend one meeting with the. DISTRICT prior to beginning the BMP to
discuss the approach, schedule and budget;
2. Direct the CITY'S CONSULTANT to 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. Direct the CITY'S CONSULTANT to 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.
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.
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Project Deliverables
The CITY shall 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 CONSULTANT(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 & Construction Document
Costs -- Channel A $ 27,557 $ 27,557 $ 55,114
Construction Costs - Channel A $ 203,492 $ 203,492 '$406,984
Subtotal Channel A $231,049 $231,049 $462,098
Construction Costs Channel G $500,000 $500,000 $1,000,000
Project Totals: $731,049 $731,049 $1,462,098
Project Schedule
Task Completion Date
Channel A
Commence Construction Complete
Complete Construction Complete
Channel G
Design and Permitting for Channel G b City) Complete
Commence Construction Complete
Complete Construction 12/01/2010
Contract Termination 12/31/2010
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