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COOPERATIVE FUNDING AGREEMENT FOR TROPIC HILLS PHASE III DRAINAGE IMPROVMENTS (W280)AGREEMENT NO. �2C��OOOt�$ COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER � FOR TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS (W280) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into 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, hereinafter referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of design, construction and construction management to implement Best Management Practices (BMPs) for Phase III of the Tropic Hills drainage and water quality improvements, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with Pf�OJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, by nationally recognized overnight courier, or personally to the parties' addresses as set forth below. Project Manager for the DISTRICT: Nancy T. Norton, P.E. Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, Florida 33637 Project Manager for the CITY: Phuong Vo City of Clearwater Municipal Services Building 100 South Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Any changes to the above representatives or addresses must be provided to the other party in writing. Page 1 of 9 1.1 The DISTRICT'S Project Manager is hereby authorized ta approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Directar if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost ta the DISTRICT or which will exceed the expiration date set forth in Paragraph 7, Cantract Period. 1.2 The DISTRICT'S Project Manager is autharized to adjust a line item amaunt af the Praject Budget contained in the Praject Plan set forth in Exhibit "B" ar, if applicable, the refined budget as set forth in Subparagraph 3.2 below. The autharization must be in writing, explain the reason fior the adjustment, and be signed by the Praj�ct Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is nat autharized to make changes to the Scope of Work and is not autharized to apprave any increase in th� amounts set forth in the funding sectian of this Agreement. 2. SCQPE O� WORK. Upon receipt ofi written natice to praceed from the DISTRICT, the CITY will perfarm the services necessary ta complete the PROJECT in accardance with the Special Project Terms and Canditions set farth in Exhibit "A" and the CITY'S Praject Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated costs, except as pravided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY priar ta being perfarmed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible far managing the PROJECT, including the hiring and supervising of any cansultants or contractors it engages in order to complete the PROJECT. The parties agree that time is af the essence in the performance af each obligation under this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Million Five Hundred Thousand Dollars ($2,500,000). The DISTRICT agrees to fund PROJECT costs up to One Million Two Hundred Fifty Thousand Dollars ($1,250,OQQ) and will have na abligation to pay any costs beyond this maximum amount. The CITY agre�s to provide all remaining funds necessary for the satisfactory completian af the PROJECT. The CITY will b� the lead party ta this Agreement and pay PROJECT casts prior ta requesting reimbursement from the DISTRICT. 3.1 Any federal, state, local or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written docum�ntation detailing its allocation ofi any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding far the PROJECT in excess of the DISTRICT'S shar� after all federal, state, local and grant monies have been applied as set forth herein, CITY will pramptly refiund such overpaid amaunts ta the DISTRICT. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share af the PROJECT casts in accordance with the Project Budget cantained in the Project Page 2 of 9 Plan set forth in Exhibit "B." The CITY may contract with consultant(s), contractor(s) or both in accordance with the Special Project Terms and Conditions 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 approved invoice received from the CITY, but at no point 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 forty-five (45) days of receipt of an invoice with adequate supporting documentation to satisfy auditing purposes. Invoices will be submitted to the DISTRICT every two (2) months electronically at invoices(a�WaterMatters.orq, or at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 In addition to sending an original invoice to the DISTRICT'S Accounts Payable Section as required above, copies of invoices may also be submitted to the DISTRICT'S Project Manager in order to expedite the review process. Failure of the CITY to submit invoices 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 Agreement will be paid in accordance with Section 112.061, F.S., as may be amended from time to time. 3.4 The DISTRICT will not reimburse the CITY for any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cost under this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.7 Each CITY invoice must include the following certification, and the CITY hereby delegates authority by virtue of this Agreement to 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 to the performance under the TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS agreement between the Southwest Florida Water Management District and CITY OF CLEARWATER (Agreement No. i2coodoao¢�, ), are allowable, allocable, properly documented, and are in accordance with the approved project budget. The CITY has been allocated a Page 3 of 9 total of $_ in federal, state, local or grant n°ianies for this PROJECT. $_ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to � „ 3.8 The DISTRICT'S p�rformance and payment pursuant ta this Agreem�nt are contingent upan the DISTRICT'S Governing Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. The CITY'S performance and payment pursuant to this Agreement are contingent upon the CITY Council appropriating funds in its approved budget for the PROJECT in �ach Fiscal Year of this Agr��ment. 4. COMPLETION DATES. The CITY will commence the PROJECT by November 30, 2011, will complete the PROJECT by September 30, 2014 and will otherwise m��t thE milestones established in this Agreement, as may be extended by th� DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, ar other man-made emergencies such as labor strikes ar riots, which are beyond the control of the CITY, the CITY'S obligations to meet the time frames provided in this Agreement will be suspended for the period of time the condition continues ta exist. During such suspension, this Agreement will remain in effect. The suspension of the CITY'S obligations provided for in this provision 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 ta complete 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 ta maintain scheduled pragress af the PROJECT thereby endangering the timely performance of this Agreement; or c) the CITY fails ta appropriate sufficient funds to camplete the PROJECT. The CITY will be obligated to pay attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in accordancE with this Paragraph. 6. OPERATION AND MAINTENANCE. After construction is completEd, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resource benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accordance with these requirements, the CITY will pay to the DISTRICT an early termination fiee. The fee will be five psrcent (5%) of total DISTRICT monies contributed to the PROJECT far each year or a fraction th�reof for early termination of the PROJECT. The CITY will be obligated to pay attarneys' fees and costs incurr�d by the DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in accordance with this Paragraph. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 7. CONTRACT PERIOD. This Agr�ement will be efFective upon execution by the parties and will remain in efFect through December 31, 2014, or upon satisfactory completion of the PROJECT and subsequent r�imbursement to the CITY, whichever occurs first, unless amended in writing by the parties. The CITY will not be eligible for Page 4 of 9 reimbursement far any work that is cammenced, or costs that are incurred, priar to the effective date af this Agreement. S. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the oth�r party to examine ar audit all PROJECT related records and documents during or follawing completian of the PROJECT. Payments made to CITY under this Agreement will be reduced for amounts found to be not allawable under this Agreement by an audit. The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required recards will be maintained until the audit has been campleted and all questions arising from it are resolved. Each party will maintain all such records and dacuments for at least three (3) years fallowing completian of the PROJECT. Each party will allow public access to PROJECT documents and materials made or received by either party in accardance with the Public Records Act, Chapter 119, F.S. Should either party assert any exemption to the requirements of Chapter 119, F.S., th� burden of establishing such exemption, by way of injunctive or other relief as provided by law, will be upon the asserting party. 9. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other dacuments resulting from the PROJECT. Additianally, two (2) sets, electranic and hardcopy, of any final reparts must be submitted to the DISTRICT as Record and L.ibrary copies. 10. LIABILITY. Each party hereto agrees to defend, indemnify and hold the other harmless, to the extent allawed under S�ction 768.2$, F.S., from all claims, loss, damage and expense, including attorneys' fees and costs and attarneys' fees and costs an appeal, arising from the negligent acts or amissions of the indemnifying party's afficers, employees, contractors and agents related ta its performance under this Agreement. The indemnified party will have th� right ta approve counsel selected by the indemnifying party. This provisian does not canstitute a waiver of either party's savereign immunity or extend either party's liability beyand the limits established in Section 768.28, F.S. Additionally, this pravision will not be construed to impose contractual liability on either party for underlying tort claims as described above beyond the limits specified in Section 765.28, F.S. 11. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, including the failure to meet specific milestanes established in this Agreement, as long as th� terminating party is not in default of any term or condition of this Agreement at the time af termination. 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 progress of the PROJECT thereby endangering the timely performance of the PROJECT. Ta effect terminatian, the terminating party will provide the defaulting party with a written "Notice af Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to camply. If the defaulting party has not remedied its default within thirty (30) days aft�r receiving the Notice of Terminatian, this Agre�ment will automatically terminate. If a default cannot reasonably be cur�d in thirty (3Q) 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 d�fault Page 5 of 9 with reasonable diligence. The rights �nd remedies in this provision are in additian ta any other rights and remedies provided by law or this Agreement. 12. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews ar issue press releases on ar abaut the PROJECT withaut providing advance natices or copies ta the ather party. This provision will not be canstrued as preventing the parties from complying with the public records disclasure laws set farth in Chapter 119, F.S. � 13. DISTRICT REC�GNITION. The CITY will recognize DISTRICT funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. If construction is invalved, the CITY will provide signage at the PROJECT site that recagnizes funding for this PROJECT pravided by the DISTRICT. All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 14. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local government approvals and all real property rights necessary to complete the PROJECT prior to cammencing any canstruction involved in the PROJECT. The DISTRICT will have no obligatian to reimburse the CITY far any costs under this Agreement until the CITY has obtained such permits and property rights necessary ta undertake the PROJ ECT. 15. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, related ta perFormance under this Agreement. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects stafF will m�et regularly during the PROJECT design ta discuss ways of ensuring that the final design for the praposed PROJECT technically camplies with all applicable DISTRICT rules and regulations, hawever, the DISTRICT undertakes na duty to ensure compliance with such rules and regulations. 16. DIVERSITY IN C�NTRACTING AND SUBCONTRACTING. The DISTRICT is cammitted to supplier diversity in the performance of all contracts associated with DISTRICT coop�rative funding projects. The DISTRICT requires the CITY to make good faith efForts to encaurage the participatian of minarity owned and waman owned and small business enterprises, both as prime contractors and subcontractars, in the p�rfarmance of this Agreement, in accardance with applicable laws. 16.1 If requested, the DISTRICT will assist the CITY by sharing information ta help the coaperator in ensuring that minority owned and woman awned and small businesses are afforded an oppartunity ta participate in the perFarmance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors and subcontractors who performed work in association with the PROJECT, the amount spent with each cantractor or subcontractor, and to the extent such information is known, whether each contractor or subcontractor was a minarity Page 6 of 9 owned or woman owned ar small business enterprise. If no minarity owned or waman owned or small business enterprises were used in the performance of this Agreement, then the report shall sa indicate. The Minority/Women Owned and Small Business Utilization Report form is attached as Exhibit "C." The report is required upon final completian of the PROJECT prior to final payment, ar within thirty (30) days of the execution of any amendment that increases PROJECT funding, far informatian up to the date af the amendment and priar ta the disbursement af any additional funds by the DISTRICT. 17. ASSIGNMENT. Except as atherwise provided in this Agreement, no party may assign any af its rights or delegate any of its obligatians under this Agreement, including any operatian or maint�nance duties related to the PROJECT, without the prior written consent of the ather party. Any attempted assignment in vialation af this provision is void. 18. SUBCONTRACTQRS. Nothing in this Agreement will be construed ta create, ar be implied to create, any relatianship between the DISTRICT and any subcontractor af the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person ar entity not a party ta this Agreement. 20. L.OBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prahibited from using funds provided by this Agreement for the purpose af lobbying the Legislature, the judicial branch or a state agency. 21. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or afFiliate who has b�en placed on the convicted vendor list following a canviction for a public entity crime may not submit a bid, proposal, or reply on a contract ta provide any goods ar services to a public entity; may not submit a bid, praposal, ar reply an a contract with a public entity for the construction or repair af a public building or public work; may not submit bids, prapasals, or replies on leases of real praperty to a public �ntity; may not be awarded ar perForm work as a contractor, supplier, subcontractar, ar cansultant under a cantract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months fallowing the date of being placed on the convicted vendar list. The CITY agrees to include this provision in all subcontracts issu�d as a result af this Agreement. 22. DISCRIMINATION. Pursuant ta Subsection 287.134(2)(a), F.S., an entity or afFiliate who has been placed on the discriminatory vendor list may not submit a bid, praposal, or reply an a contract to provide any goods or services to a public entity; may not submit a bid, praposal, 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, or replies an leases of real praperty ta a public entity; may not b� awarded or perfarm wark as a cantractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The CITY agrees to include this provision in all subcontracts issued as a result af this Agreement. Page 7 of 9 23. GOVERNING LAW. All aspects af this Agreement are gaverned by Florida law and venue will be in H�rnando County, Florida. 24. SURVIVAL. The provisians of this Agreement that require perFarmance after the expiration or termination af this Agreement will remain in farce notwithstanding the expiratian or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5, 6, and 10. 25. 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. 26. DOCUMENTS. The follawing documents are attached and made a part af this Agreement. In the event of a canflict of contract terminology, priority will first be given to the language in the body af this Agreement, then to Exhibit "A," then ta Exhibit "B," and then ta Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" Minarity/Wom�n Owned and Small Business Utilization Repart Form The remainder of this page intentionally left blank. Page8of9 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 FLORIDA WATER MANAGEMENT DISTRICT : ,�/�u�� i� � vr�.vr---�--y—. Direc�or Resource Ma.na�emant Division Mark A. Hammond, P.E. CITY OF CLEARWATER By: rranK v. hiQpara, iviayvr �� i> ��. Date By: � � Attest: By:� �,c�CL/t4.1..�.� l� 1�4�tt. - � am B. Horne II, City Manager � marie Call, City Clerk Approv as to form: By: Leslie K. Dougall — va �C J � �� S�� Za�/ Date ����f T��'/ � �li, �� , �= - =- , � �t,�.�._ _.'��� , , ,�. � � istant Attorney COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS (W280) Page 9 of 9 DISTRICT APPROVAL INITIALS DATE LEGAL YW'S�Lt1_ �� S RISK MGMT CONTRACTS `� � DEPT DIRECTOR � l ° Ter-�°c DIR A �� '� 1� GOVERNING BOARD AGREEMENT NO.1ZCOOOOOO¢g EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to 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 previously submitted to the DISTRICT and attached as Exhibit "B." The CITY will be responsible 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 documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, 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 not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 3. REVIEW OF REPORTS & TECHNICAL DOCUMENTS. The CITY must obtain the DISTRICT'S written comments on PROJECT reports and technical documents as set forth in Exhibit "B," Project Plan, prior to being finalized, distributed or otherwise solicited. The DISTRICT will be provided fourteen (14) business days to review and provide comments on documents before they are finalized, distributed, or otherwise solicited. 4. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY'S SELECTION OF CONTRACTOR. As applicable, upon notifying 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 of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. 5. APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written approval of any contracts entered into with its CONSULTANTS and CONTRACTORS. The DISTRICT will not unreasonably withhold its approval. Page 1 of 1 -� EXHIBIT "B" CITY'S PROJECT PLAN 1. GENERAL DESCRIPTION A. Project Objective AGREEMENT NO. l2Caooc�oo4� The Tropic Hills Drainage Improvements Phase III is the last phase of a three-phase project to implement Best Management Practices (BMPs) identified in the DISTRICT'S Watershed Management Program for Coastal Watershed #2. The drainage basin covers approximately 250 acres and discharges to an undersized pipe and open channel depicted in Attachment 1. The Tropic Hills watershed experienced flooding in June 1997 and February 2006. The PROJECT is located along the west side of U.S. 19 and spans between two properties, 19320 and 19400 U.S. 19. The purpose of the PROJECT is to improve stormwater runoff quality and the stormwater conveyance system. B. Project Description: The CITY proposes to remove approximately 1500 LF of existing 43 inch by 68 inch box culvert and 54 inch corrugate metal pipe and replace it with 4 foot by10 foot reinforced concrete box culvert. As part of this PROJECT, the CITY also proposes to install a separator structure to treat runoff from adjacent commercial development to the west removing solids, floaters, and oils from the existing runoff. C. Project Coordination: The CITY shall keep the DISTRICT advised at all times during the course of the PROJECT. The CITY shall provide the DISTRICT'S Project Manager with advance notice of all PROJECT related meetings and will copy the DISTRICT'S Project Manager on all pertinent PROJECT related correspondence. The CITY shall hold status meetings as deemed appropriate by the DISTRICT and CITY Project Managers. 2. PROJECT TASKS A. Design Phase: The CITY shall provide survey information, prepare detailed construction plans, an engineer's estimated cost of construction, and construction documents including technical specifications for the PROJECT. The CITY shall model the current and proposed conditions for the stormwater improvement PROJECT to ensure that PROJECT design shall be in compliance with DISTRICT rules and regulations. The CITY shall perform the necessary geotechnical investigation and field survey for the improvement delineation, existing structure location and data, and spot elevations for topographic verification. The CITY shall provide copies of all interim work products Page 1 of 4 (e.g., design reports, construction plan submittals, specifications, etc.) to the DISTRICT Project Manager for review and comment. Work shall not r�sume an th� final design until the DISTRICT'S review comments hav� been satisfactorily addressed and the DISTRICT'S Project Manager has provided written approval to proceed with the next phase af design for the specific PR�JECT task under review. The DISTRICT'S review comments and/or approvals shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. Upon completion and acceptance of the final design by the CITY and the DISTRICT, the CITY shall furnish the DISTRICT with a camplete set of the original reproducible drawings af the construction plans for the PROJECT improvements. B. Permitting: The CITY shall abtain all permits and all real praperty and/or all real property rights necessary to construct this stormwater improvement PROJECT. C. Bid Documents: The CITY shall obtain the DISTRICT'S written approval of all construction bid documents prior to construction advertisement. DISTRICT review comments and approval of the construction bid documents shall be made in a timely and reasonable manner so as not to compromis� the ability of the CITY to meet the d�adlines imposed in this Agreement. D. Contractar Selection: The CITY shall engage the services of a contractor through a competitive bid process, in accordance with CITY policy, to construct the PROJECT based on the approved final design and permits. A tabulation af all bids received shall be furnished to the DISTRICT'S Project Manager for review within five working days from the bid opening dat�. E. Contract Administration: The CITY shall be responsibl� for all contract administration and shall perform all necessary construction management services to ensure the PROJECT is constructed in accordance with th� approved final design and in conformance with all environmental permits issued for the PR�JECT, These services shall include, but are not limited to: construction advertisement, receipt and evaluation of bids, contract award, establishment of construction survey control, an-site construction inspection and supervision, preparation af as-built drawings, and the submittal of all required permit certificatians upon the completion of construction. DISTRICT staff may participate with CITY staff in site inspections during the construction phase. F. Operation and Maintenance: The CITY shall be responsible for the perpetual aperation and maintenance of the completed PROJECT facilities, to maintain the PROJECT'S aesthetics, to ensure the proper hydraulic operation of the PR4JECT, and to conform ta all the conditions Page 2 of 4 3 specified in the environmental permits issued for the PROJECT. This provision shall survive the expiration af this Agreement and shall remain in effect in perpetuity. G. Post-Construction Monitoring: The CITY shall be responsible for all post-construction monitoring requirements that may be identified in the general and specific conditions of any permits issued for the PROJECT, as may be appropriate. PERFORMANCE SCHEDULE: TASK Notice to Praceed to Consultant Complete Design and Permitting Commence Construction Complste Construction DATES Novemb�r 30, 2011 December 31, 2012 April 30, 2013 September 30, 2014 Additional milestones contained in the performance schedules of the Consultant and Contractor contracts will be incorporated herein by reference. 4. DELIVERABLES The CITY will provid� two (2) sets, electronic and hardcopy, of any final reports to the DISTRICT as Record and Library copies. Interim Work Praducts (e.g., Design Reports, Construction Plan Submittals, Specifications, etc.) ii. Final Design Report, Plans, Technical Specifications and Permits iii. Canstruction Bid Documents iv. Bid Tabulations v. As-Built Drawings 5. PROJECT BUDGET: TASK DESCRIPTION DISTRICT CITY TOTAL Design/Permitting/Construction Documents $100,Q00 $100,D00 $200,000 Construction and Canstruction Management $1,150,000 $1,150,D00 $2,300,000 TOTAL $1,25Q,000 $1,250,OOQ $2,500,000 Page 3 of 4 ATTACHMENT 1 Attachmenfi '! : Tropic Hills Project Loc�tion IWlap �l10/2011 Page 4 of 4 AGREEMENT NO. /ZG�d400O¢-�j EXHIBIT "C" MINORITYNVOMEN OWNED AND SMALL BUSINESS UTILIZATION REPORT Projects receiving $100,000 or more in cooperative funding from the Southwest Florida Water Management District require the submission of the following information within 30 days of any amendment increasing project funding and with the final invoice. Questions regarding use of this form should be directed to Contracts Administration, Phone (352) 796-7211 ext. 4132. INDICATE THE ONE CATEGORY THAT BEST DESCRIBES EACH ORGANIZATION LISTED" Cooperator: BUSINESS CLASSIFICATION CERTIFIED MBE NON-CERTIFIED MBE UNKNOWN p m � -Dn � (p D � T � � D � Agreement No.: z � D � y Z < � � a z < � � � r`�- y z = m n D z = m n � �� D C) D 3 Z D � D � Z � o Z m � D ,��j �2 m � > ,Zmj � Project Name: � ;� � � Z � � A A Z � 3 �� z Z � Z Z z z � Z Z � � Total Project Cost: D n Z Z NAMES OF CONTRACTORS AND TOTAL AMOUNT PAID SUBCONTRACTORS UTILIZED i *❑ Our organization does not collect minority status data. Signature Date Print Name and Title 16.00-026 (01/07) Page 1 of 1