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COOPERATIVE FUNDING AGREEMENT FOR IMPLEMENTATION OF BMPS IN THE COASTAL ZONE 1 WATERSHED AT JEFFORDS STREET (N270)Y AGREEMEN7 NO. 11C00000010 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FL.ORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE COASTAL ZONE 1 WATERSHED AT JEFFORDS STREET (N270) THIS COOPERATIVE FUNDING AGREEMENT is made and entered inta by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporatian of the State of Flarida, whase address is 2379 Broad Street, Braoksville, Florida 346Q4-6899, for itself and on behalf of the Pinellas-Anclote River Basin Baard, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 Osceala Avenue, Clearwater, Flarida 33756, hereinafter referred to as th� " CITY." WITNESSETH: WHEREAS, the CITY propased a project to the DISTRICT for funding consideratian under the DISTRICT'S caoperative funding pragram; and WHEREAS, the project consists of relocating the CITY'S local starmwater conveyance system along Lotus Path, South Druid Road and Jeffords Stre�t inta the CITY'S right af way and improving water quality by utilizing a hydrodynamic separator stormwater treatment structure, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT cansiders the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. N�W THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and canditions set farth herein, agree as fallows: PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth belaw as its respective Praject Manager. Praject Managers will assist with PROJECT coordination and will be each party's prime cantact persan. Notices and reports will be sent ta the attentian of each party's Praject Manager by U.S. mail, postage paid, by nationally recognized overnight courier, or personally to the parties' addresses as set forth in the introductory paragraph of this Agreement. Notice is effective upon receipt. Project Manager for the DISTRICT: Gearge Fries, P.E. Project Manager for the CITY: Elliat Shoberg, P.E. Any changes to the above representatives or addresses must be provided to the ather party in writing. Page 1 af 9 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests ta extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason fior the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is nat authorized to approve any time extension which will result in an increased cost to the DISTRICT ar which will exceed the expiration date set farth in Paragraph 7, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Subparagraph 3.2 belaw. The autharizatian must be in writing, explain the reasan for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is nat authorized ta make changes ta the Scope of Work and is not autharized to approve any increase in the amounts set forth in the funding sectian af this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to praceed from the DISTRICT, the CITY will perfarm the services necessary ta complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the CITY'S Project Plan set forth in Exhibit "B." Any changes to this Scope of Wark and assaciated casts, except as provided herein, must be mutually agreed to in a formal written amendment approved by th� DISTRICT and the CITY priar to being perFarmed by the CITY, subject to the provisions af Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or cantractors it engages in order to complete the PROJECT. The parties agree that time is of the essence in the perFormance of each obligation under this Agreement. 3. FUNDING. The parties anticipate that the tatal cast af the PROJECT will be Four Hundred Thousand Dallars ($400,�00). The DISTRICT agrees ta fund PROJECT costs up ta Two Hundred Thousand Dollars ($200,Q00) and will have no obligation to pay any casts beyond this maximum amount. The CITY agrees to provide all remaining funds necessary for the satisfactary completian of the PROJECT. The CITY will be the lead party ta this Agreement and pay PROJECT costs priar to requesting reimbursement from the DISTRICT. 3.1 Any f�deral, state, local or grant monies received by the CITY far this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written documentatian detailing its allocation af any such funds apprapriated for this PROJECT. In the event the DISTRICT provides funding far the PROJECT in excess af the DISTRICT'S share after all federal, state, lacal and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Project Plan set forth in Page 2 of 9 Exhibit "B." The CITY may contract with cansultant(s), contractor(s) or bath in accordance with the Special Project Terms and Canditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT appraved invoice received fram the CITY, but at no paint in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY within farty-five (45) days of receipt of an invaice with adequate supporting documentation ta satisfy auditing purposes. Invaices will be submitted to the DISTRICT every two (2) months electronically at invoicesCc�WaterMatters.ora, or at the following address: Accounts Payable Section Southwest Florida Water Management District Past Oifice Bax 1166 Broaksville, �lorida 34605-1166 In addition to sending an original invoice to the DISTRICT'S Accaunts Payable Section as required above, copies af invoices may alsa be submitted to the DISTRICT'S Project Manager in arder to expedite the review process. Failure af th� CITY to submit invaices to the DISTRICT in the manner provided herein will relieve the DISTRICT of its obligation to pay within the aforementioned timeframe. 3.3 Any travel expenses which may be authorized under this Agreem�nt will be paid in accordance with Section 112.061, F.S., as may be amended from time ta time. 3.4 The DISTRICT will not reimburse the CITY far any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cdst und�r this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any costs under this Agreement until constructi�n of the PROJECT has commenced. 3.7 Each CITY invaice must include the following certificatian, and the CITY hereby delegates authority by virtue of this Agreement ta 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 ta the performance under the Implementation of BMPs in the Coastal Zone 1 Watershed at Jeffords Street (N270) agreement between the Southwest Flarida Water Manag�ment District and the City of Clearwater (Agreement Na. 11 C00000010), are allowable, allocable, properly documented, and are in accardance with the approved project budget. The CITY has be�n allocated a total of $_ in federal, state, local or grant monies for this PROJECT. $_ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to � �, Page 3 of 9 3.8 The DISTRICT'S performance and payment pursuant to this Agreement are cantingent upon the DISTRICT'S Governing Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. 4. COMPL.ETION DATES. The CITY will commence the PROJECT by April 1, 2011, will complete the PROJECT by June 3Q, 2013 and will otherwise meet the milestones established in this Agreement, as may be extended by the DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, flaads, acts of Gad, acts af war, or other such catastrophes, ar ather man-made emergencies such as labor strikes ar riots, which are b�yand the contral af the CITY, the CITY'S abligations to meet the time frames provided in this Agreement will be suspended for the periad of time the condition cantinues to exist. During such suspensian, this Agreement will remain in effect. The suspension of the CITY'S abligations provided for in this pravision will be the CITY'S sole remedy for the delays set forth herein. 5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, if: a) the CITY fails to camplete the PROJECT in accardance with Paragraph 4 of this Agreement; b) the DISTRICT determines, in its sole discretion and judgment, that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely perfarmance of this Agreement; or c) th� CITY fails to appropriate sufficient funds ta camplete the PROJECT. The CITY will be obligated to pay attorneys' fess and costs incurred by the DISTRICT, including appeals, as a result af CITY'S failure to repay the DISTRICT in accordance with this Paragraph. 6. OPERATION AND MAINTENANCE. After constructian is campleted, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resaurce benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accardance with these requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof for early terminatian of the PROJECT. The CITY will be obligat�d ta pay attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result af CITY'S failure to repay the DISTRICT in accordance with this Paragraph. The rights and remedies in this provision are in addition ta any ather rights and remedies pravided by law ar this Agreement. 7. CONTRACT PERIOD. This Agreement will be efFective upan executian by the parties and will remain in effect through Decemb�r 31, 2Q13, or upon satisfactory completian of the PROJECT and subsequent reimbursement to the CITY, whichever accurs first, unless amended in writing by the parties. The CITY will not be eligible far reimburs�ment for any work that is commenced, or costs that are incurred, prior ta the efFective date of this Agreement. S. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the ather party ta examine or audit all PROJECT related records and documents during or following campletion of the PROJECT. Payments made to CITY under this Agreement will be reduced for amounts found to be not allowable under this Agreement by an audit. Page 4 of 9 The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required records will be maintained until the audit has been completed and all questions arising from it are resolved. Each party will maintain all such records and documents for at least three (3) years follawing campletion af the PROJECT. Each party will allow public access to PROJECT documents and materials made ar received by either party in accordance with the Public Records Act, Chapter 119, F.S. Should either party assert any exemption to the requirements af Chapter 119, F.S., the burden of establishing such exemptian, by way af injunctive or other relief as pravided by law, will be upon #he asserting party. 9. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All dacuments, including reports, drawings, estimates, programs, manuals, specifications, and all goods or praducts, including intellectual property and rights thereto, purchased under this Agreement with DISTRICT funds or developed in connection with this Agreement will be and will rEmain the property of the DISTRICT and the CITY, jointly. 10. REPORTS. The CITY will pravide the DISTRICT with capies of any and all reparts, models, studies, maps or other documents r�sulting from the PROJECT. 11. LIABILITY. Each party hereto agr�es to defend, indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorneys' fees and casts and attorneys' fees and casts on appeal, arising from the negligent acts or omissians of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. The indemnified party will have the right ta approve couns�l selected by the indemnifying party. This provision does nat constitute a waiver of either party's sovereign immunity under Sectian 768.28, F.S., or extend either party's liability beyond the limits establish�d in Section 768.28, F.S. Additianally, this provision will nat be construed ta impose contractual liability on either party for underlying tort claims as d�scribed above beyond the limits specified in Section 768.28, F.S. 12. DEFAULT. Either party may terminate this Agreement upon the ather party's failure to comply with any t�rm or condition af this Agreement, including the fiailure to meet specific milestones established in this Agreement, as long as the terminating party is not in default ofi any term or conditian of this Agreement at the time of terminatian. In addition to the above, the DISTRICT may terminate this Agreement if, in its sole discretion and judgment, it determines that the CITY has failed to maintain scheduled pragress of the PROJECT thereby endangering the timely performance of the PROJECT. To effect termination, the terminating party will pravide the defiaulting party with a written "Notice of Termination" stating its intent ta terminate and describing all terms and conditions with which the defaulting party has failed t� camply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will automatically terminate. If a default cannat reasanably be cured in thirty (30) days, then the thirty (30) days may be extended at the non-defaulting party's discretion, if the defaulting party is pursuing a cure of the default with reasanable diligence. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. Page 5 af 9 13. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on ar about the PROJECT withaut providing advance notices or capies to the other party. This provision will not be construed as pr�venting the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 14. DISTRICT RECOGNITION. The CITY will recognize D15TRICT funding and, if applicable, Basin Baard funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject ta DISTRICT approval. If construction is invalved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT pravided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as ta farm, cantent and location, and must be in accardance with local sign ordinances. 15. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, Iocal gavernment approvals and all r�al property rights necessary to complete the PROJECT prior to commencing any canstruction involved in the PROJECT. The DISTRICT will have no obligatian ta reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and property rights necessary to und�rtake the PROJECT. 16. LAW COMPLIANCE. Each par�y will comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, relat�d to perfarmance under this Agreement. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects staff will meet regularly during the PR�JECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations, however, the DISTRICT undertakes na duty to ensure compliance with such rules and regulatians. 17. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. Th� DISTRICT is committed to supplier diversity in the performance af all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY ta make gaod faith efFarts to encourage the participation of minority owned and woman owned and small business enterprisss, bath as prime contractars and subcantractors, in the perfarmance of this AgreemEnt, in accordance with applicable laws. 17.1 If requ�sted, the DISTRICT will assist the CITY by sharing infarmatian to help the cooperator in ensuring that minority owned and woman owned and small businesses are afFarded an appdrtunity to participate in the perfarmance af this Agreement. 17.2 The CITY agrees ta provide the DISTRICT with a report indicating all contractars and subcantractors who performed work in association with the PROJECT, the amount spent with each cantractar ar subcontractor, and to the extent such informatian is known, whether each contractor or subcontractor was a minority owned or woman owned or small business enterprise. If no minority owned ar waman awned or small business enterprises were used in the perfarmance of this Page 6 of 9 Agreement, then the report shall so indicate. The Minarity/Women Owned and Small Business Utilizatian Report form is attached as Exhibit "C." The report is required upon fiinal completion of the PROJECT priar to fiinal payment, or within thirty (3�) days of the execution of any amendment that increases PROJECT funding, for information up ta the date of the amendment and prior ta the disbursement af any additianal funds by the DISTRICT. 18. ASSIGNMENT. Except as otherwise pravided in this Agreement, no party may assign any af its rights or delegate any af its obligations under this Agreement, including any aperatian or maintenance duties related ta the PROJECT, without the prior written cansent af the other party. Any attempted assignment in violation ofi this provision is vaid. 19. SUBCONTRACTORS. Nothing in this Agreement will be canstrued ta create, or be implied to create, any relationship between the DISTRICT and any subcontractor af the CITY. 2Q. THIRD PARTY BENEFICIARIES. Nathing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 21. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement far the purpase af labbying the Legislature, the judicial branch or a stat� agency. 22. PUBLIC ENTITY CRIMES. Pursuant ta Subsections 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, ar reply an a cantract with a public entity for the construction or repair of a public building ar public work; may not submit bids, proposals, or replies on leases of real property ta a public entity; may not be awarded �r perForm w�rk as a contractor, supplier, subcontractor, dr consultant under a contract with any public entity; and may not transact business with any public entity in excess of th� threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity �r afFiliate who has been placed on the discriminatory vendor list may not submit a bid, praposal, vr reply on a contract ta provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity far the construction or repair of a public building or public work; may not submit bids, proposals, ar repli�s 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. The CITY agrses ta include this provision in all subcantracts issued as a result of this Agreement. 24. GOVERNING LAW. All aspects af this Agreement are gaverned by Flarida law and venue will be in Hernando County, Florida. Page 7 of 9 25. SURVIVAL. The provisions of this Agreem�nt that require performance after the expiration or terminatian of this Agreement will remain in force notwithstanding the expiratian or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5, 6, and 11. 26. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below canstitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 27. DOCUMENTS. The fiollowing documents are attached and made a part of this Agreement. In the event af a conflict of contract terminalogy, priority will first be given to the language in the body of this Agreement, then ta Exhibit "A; then to Exhibit "B," and then to Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" Minority/Wamen Owned and Small Business Utilization Repart Form The remainder of this page intentionally left blank. Page 8 of 9 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 FL.ORIDA WATER MANAGEMENT DISTRICT By: � , .�.,.- ro z ? � � f3a�i�k-�AA�er�,-E�ceet,�i�v��i�es� Date Mark A. Hammond, P.E., Director, Resource Management Division CITY OF CLEARWATER J By: � 1�-�-� !� 1� Frank V. Hibbard, Mayor � � � ° ;.� iam B. Horne II, City Manager Appraved as to form: -� Leslie K. Douga I-Si e Assistant City Attorney /(� /a � � Date Date Attest: �y��oF ry�.���� ��\ � /, � S. � � � � �' ��.i9. _ ~~ o��� .:��.a�� �Ta�e. ' $osemarie. Cal.l City Clerk CQ�PERATIVE FUNDING AGREEMENT BETWEEN TH� SOUTHW�ST FLORIDA WATER MANAG�MENT DISTRICT AND CITY OF CLEARWATER FQR IMPLEM�NTATION OF BMPS IN COASTAL ZONE 1 WATERSHED AT JEFFOf2DS STREET (N270) Page 9 of 9 DISTRICT AYP(iOVAL INITIAi,S DATE LEGAL � ro / RiSiC MGMT CONTRACTS . � DEPT DIRECTOR A 15" /O DF..PUTY EXEC DIR �((j GOVERNING BOARD UI� I Te T:T ��� I� � r i[*�i ri [�I i I� I � I � I� P Ii I i] EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter r�ferred ta as the "CONSULTANT," and a contractor(s), hereinafter referred to as the "CONTRACTOR," to perform the services in accordance with the CITY'S Project Plan previausly submitted to the DISTRICT and attached as Exhibit "B." The CITY will be r�sponsible for administering the contracts with the CONSULTANT and CONTRACTOR. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid dacum�nts prior to being advertised or atherwise solicited. The DISTRICT will not unreasonably withhald its approval. The DISTRICT'S approval of the construction bid dacuments does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components af the canstruction dacuments, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will nat canstitute a waiver of the CITY'S obligatian ta assure that the design professional perForms according to the standards of his or her profession. The CITY will require th� design professional to warrant that the constructian documents are adequate for bidding and construction of the PROJECT. 3. DISTRICT PARTICIPATION IN SEI�ECTING CONSULTANT AND REVIEW O� CITY'S SELECTION OF CONTRACTOR. As applicable, upon natifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT. The CITY will provide the DISTRICT with a tabulation af CONTRACTOR bids and a recammendation ta award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR priar to proceeding with construction af the PROJECT and the DISTRICT will nat unreasonably withhold its approval. �4. APPROVAL OF C�NTRACTS_ The CITY must obtain the DISTRICT'S prior written appraval of any contracts entered into with its CONSULTANTS and CONTRACTORS. The DISTRICT will nat unreasanably withhold its approval. Page 1 af 1 EXHIBIT "B" PROJECT PLAN Proiect Descri tion AGREEMENl" NO. 11CO�OQ0010 This is a PROJECT to perform the Implementation of Best Management Practices (BMPs) element of the DISTRICT'S Watershed Management Program (WMP) within the Caastal Zone 1 Wat�rshed in the CITY. Implementation of BMPs includes the fallowing tasks: design, development of constructian documents, canstruction permitting, land acquisition, bidding and contractor selectian, constructian of the BMPs and construction engineering and inspectian. The PROJECT will relocafie the CITY'S local stormwater conveyance system alang Lotus Path, South Druid Road and JefFords Street into the CITY'S right of way and improve water quality by utilizing a hydradynamic separator stormwater treatment structure to collect the leaves, debris and some nutrients in the surface water prior to discharge to St. Joseph's Sound. The requested funds will be used toward design, permitting and construction services necessary to complete the impravements to the stormwater conveyance system. Pro'ect Tasks Key tasks ta be performed by the CITY: 1. Select and hir� a CONSULTANT to complete the design, permitting, preparation of cantract dacuments, and to provide engineering and inspection services during canstructian. 2. Attend ane meeting with the DISTRICT prior to beginning the PROJECT ta discuss the approach, schedule and budget. 3. Bid, sel�ct, and hire a C�NTRACTOR to complete the constructian in accardance with the approved bid dacuments. 4. Provide the DISTRICT with one copy af a summary of the canstruction quality assurance data, construction recard drawings and permit related submittals. 5. Monitor all phases of construction by means of survey, abservations, and materials testing ta 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 th� CITY and the CONTRACTOR. Proiect Deliverables The CITY will provide the DISTRICT with the fallowing: • Specifications and Bidding Documents � Construction Plans • Bid Tabulation • Copy of Notice-To-Proceed ta CONTRACTOR • Copy of Contract with CONSULTANT and CONTRACTOR • Canstruction Record Drawings • Minority Utilization Report Page 1 of 2 Proiect Budaet Task Design Constru�tion Inspection Construction Tatal Proiect Schedule Task Select CONSULTANT D�sign and Permitting Compl�te Bidding and Contractor Selectian Construction Commence Construction Complete CITY $15,000 $ 7,5p0 177 500 $2QQ,QQQ DISTRICT $15,000 $ 7,500 177 500 $2p0,000 Date April 1, 2011 April 1, 2012 June 30, 2012 September 1, 2012 June 30, 2013 Total $30,aQ0 $15,000 355 000 $400,000 The remainder ofi this page intentionally left blank. Page 2 af 2 AGREEMENT NO. 11 C�OQ00010 EXHIBIT "C" ' MINORITYIWOMEN OWNED AND SMALL BUSINESS UTILIZATION REPORT Projects recei�ir�g $100,000 or more in cooperati�e f�nding �rom the Southwest Fforida Water Management District require the submission of the following information wit�in 30 days of any amendment increasing project fur�dir�g and with the final in�oice. Questions regarding �se of this form should be directed to Contracts Administratio�, Phone {352) 796-7211 ext. 4�32. 1NDICATE THE ONE CATEGORY �HAT BEST DESCR16E5 EACH OftGANIZATlO� �ISTE�' Cooper2tor: BUSI NE55 CLASSIFICATION CERTlFIED MBE NOfV-CERTIFIED MSE UlVKN�WN p m� T N uni D � T y � D � Agreement No.: Z � n � a z < � cpi D z < � � _ � n z = m n D z = m n Q �� D Cl D � Z D C7 D � Z � oZ m � D � `e � � D p 2 Profect IVame: � y� � � Z � � � � Z c, � in� Z z 3 Z Z Z Z � Z Z � � Total Project Cosf: ; D z z NAMES �F CONTRACTORS AND TOTAL AMOUN� PAI� SUBCONTRACTORS UTILIZED '� � Our organization does not col�ect minority status ciata. Signature Date Print Name and Title 16.Q0-026 i 01107'� Pacie 1 af 1 �