COOPERATIVE FUNDING AGREEMENT FOR STORMWATER IMPLEMENTATION - FLOOD PROTECTION MANDALAY AVENUE IMPROVEMENT AREA (N479-3)AGREEMENT NO. 13COOOOO�D54
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPLEMENTATION - FLOOD PROTECTION MANDALAY AVENUE
IMPROVEMENT AREA (N479-3)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and befinr�:en
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-68�99,
hereinafter referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal
corporation of the State of Florida, whose address is 112 Osceola Avenue, Clearwater,
Florida 33756, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration urnder
the DISTRICT'S cooperative funding program; and
WHEREAS, the project consists of modifications to stormwater inlets, rehabilitation of pipes
and installation of debris collection devices in the Beach Island Watershed, Mandalay Aver�ue
Improvement Area, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the resource benefits to be achieved by 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 terrns,
covenants and conditions set forth herein, agree as follows:
PROJECT CONTACTS AND NOTICES. Each party hereby designates the individual
set forth below as its prime contact for matters relating to this Agreement. Notices c�nd
reports shall be sent to the attention of each party's prime contact as set forth herein by
U.S. mail, postage paid, by nationally recognized overnight courier, or personally to the
parties' addresses as set forth below. in the introductory paragraph of this Agreem�;nt.
Notice is effective upon receipt.
Contract Manager for the DISTRICT: Scott Letasi, P.E.
Project Manager for the CITY: Phuong Vo
Any changes to the above representatives or addresses must be provided to the other
party in writing.
1.1 The DISTRICT'S Contract Manager is authorized to approve requests to extend a
PROJECT task deadline set forth in this Agreement. Such approval must b�; in
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writing, explain the reason for the extension and be signed by the Contr�ct
Manager and his or her Bureau Chief, or Director if the Bureau Chief is the
Contract Manager, unless the DISTRICT'S Signature Authority provid�es
otherwise. The DISTRICT'S Signature Authority supersedes the approwal
requirements provided in this provision. The DISTRICT'S Contract Manager is
not authorized to approve any time extension which will result in an increased
cost to the DISTRICT or which will exceed the expiration date set forth in this
Agreement.
1.2 The DISTRICT'S Contract Manager is authorized to adjust a line item amouni of
� the PROJECT budget contained in the Project Plan set forth in Exhibit "A" or, if
applicable, the refined budget as set forth in Subparagraph 3.2 below. The
authorization must be in writing, explain the reason for the adjustment, and be
signed by all appropriate DISTRICT staff in accordance with the DISTRICT'S
Signature Authority. The DISTRICT'S Contract Manager is not authorized to
make changes to the Scope of Work and is not authorized to approve �ny
increase in the amounts set forth in the funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY shall perform the services necessary to complete the PROJECT in accordarice
with the CITY'S Project Plan set forth in Exhibit "A." Any changes to this Agreem�:nt,
except as provided herein, must be mutually agreed to in a formal written amendment
approved by the DISTRICT and the CITY prior to being performed by the CITY. The
CITY shall be solely responsible for managing and controlling the PROJECT, b�th
during and after construction and during and after the operation and maintenance of the
PROJECT, including the hiring and supervising of any consultants or contractor� it
engages.
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 total cost of the PROJECT will be One Million
Six Hundred Thousand Dollars ($1,600,000). The DISTRICT agrees to fund PROJ�CT
costs up to Eight Hundred Thousand Dollars ($800,000) and shall have no obligatior� to
pay any costs beyond this maximum amount. The CITY agrees to provide all remaining
funds necessary for the satisfactory completion of the PROJECT. The CITY shall pay
PROJECT costs prior to requesting reimbursement from the DISTRICT.
3.1 Any federal, state, local or grant monies received by the CITY for this PROJE.CT
shall be applied to equally reduce each party's share of PROJECT costs. �he
CITY shall provide the DISTRICT with written documentation detailing its
allocation of any such funds appropriated for this PROJECT.
3.2 The CITY may contract with consultant(s), contractor(s) or both to accomplish the
PROJECT. The CITY must obtain the DISTRICT'S written approval prior to
posting solicitations for consultants or contractors and prior to entering into
agreements with consultants or contractors to ensure that costs to be reimbur:�ed
by the DISTRICT under those agreements are reasonable and allowable under
this Agreement. Upon written DISTRICT approval, the budget amounts for the
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work set forth in such contract(s) shall refine the amounts set forth in the
PROJECT budget and be incorporated herein by reference. The DISTRICT shall
not reimburse the CITY for costs incurred under consultant and contractor
agreements until the DISTRICT approvals required under this provision have
been obtained.
3.3 The DISTRICT shall reimburse the CITY for the DISTRICT'S share of the
allowable PROJECT costs in accordance with the PROJECT budget containe� in
the Project Plan set forth in Exhibit "A." The DISTRIC�F shall reimburse the CITY
for fifty (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 expendit�are
amount under this Agreement exceed expenditures made by the CITY. Paym�;nt
shall be made to the CITY within forty-five (45) days of receipt of an invoice with
adequate supporting documentation to satisfy auditing purposes. Invoices shall
be submitted to the DISTRICT every finro (2) months electronically at
invoices aC�.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 �khe
DISTRICT'S Contract Manager in order to expedite the review process. Fail�re
of the CITY to submit invoices to the DISTRICT in the manner provided herein
shall relieve the DISTRICT of its obligation to pay within the aforementioned
timeframe.
3.4 The parties acknowledge that the PROJECT was approved for funding by the
DISTRICT based upon the resource benefits expected to be achieved by the
PROJECT. The parties also acknowledge that the CITY is solely responsible for
implementing the PROJECT in such a manner that the expected resource
benefits are achieved. If at any point during the progression of the PROJECT, the
DISTRICT determines that the expected resource benefits as set forth in the
Project Plan may not be achieved, the DISTRICT shall withhold payments to the
CITY until such time as the CITY demonstrates that the PROJECT shall achinve
the required resource benefits.
3.5 Any travel expenses which may be authorized under this Agreement shall be paid
in accordance with Section 112.061, F.S., as may be amended from time to time.
The DISTRICT shall not reimburse the CITY for any purpose not specifically
identified in Paragraph 2, Scope of Work. Surcharges added to third p�rty
invoices are not considered an allowable cost under this Agreement. Cc�sts
associated with in-kind services provided by the CITY are not reimbursable by
the DISTRICT and may not be included in the CITY'S share of funding
contributions under this Agreement.
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3.6 The DISTRICT has no obligation and shall not reimburse the CITY for any co�ts
under this Agreement until construction of the PROJECT has commenced.
3.7 Each CITY invoice
delegates authority
said certification:
must include the following certification, and the CITY here�y
by virtue of this Agreement to its Project Manager to affirm
"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 Stormwater Improvement — Flood Protection Mandalay
Avenue Drive Improvement Area (N479-3) agreement befinreen the Southw�;st
Florida Water Management District and City of Clearwater (Agreement hJo.
13C00000054), are allowable, allocable, properly documented, and are in
accordance with the approved project budget. The CITY has been allocateci a
total of $_ in federal, state, local or grant monies for this PROJECT. $_ h�as
been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to
$ "
3.8 The DISTRICT'S performance and payment pursuant to this Agreement ��re
contingent upon the DISTRICT'S Governing Board appropriating funds in its
approved budget for the PROJECT in each Fiscal Year of this Agreement.
4. COMPLETION DATES. The CITY shall commence construction of the PROJECT by
April 30, 2013, shall complete construction of the PROJECT by February 28, 2014 and
shall otherwise meet the task deadlines 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, floods, acts of God, acts of war, or other s�ch
catastrophes, or other man-made emergencies such as labor strikes or riots, which are
beyond the control of the CITY, the CITY'S obligations to meet the time frames provicied
in this Agreement shall be suspended for the period of time the condition continues to
exist. During such suspension, this Agreement shall remain in effect. When the CIT'Y is
able to resume performance of its obligations under this Agreement, in whole or in part,
it shall immediately give the DISTRICT written notice to that effect and shall resume
performance no later than finro (2) working days after the notice is delivered. "fhe
suspension of the CITY'S obligations provided for in this provision shall be the CITY'S
sole remedy for the delays set forth herein.
5. REPAYMENT.
5.1 The CITY shall repay the DISTRICT all funds the DISTRICT paid to the �ITY
under this Agreement, if: a) the CITY fails to complete the PROJECT in
accordance with the terms and conditions 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
performance of this Agreement; c) the CITY fails to appropriate sufficient funds to
meet the task deadlines, unless extended in accordance with Paragraph 1.1; or
d) a provision or provisions of this Agreement setting forth the requirements or
expectations of a measurable resource benefit resulting from the PROJECT is
held to be invalid, illegal or unenforceable during the term of this Agreement,
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including the duration of the operation and maintenance obligations set forth in
Paragraph 6 of this Agreement. Should any of the above conditions exist tf7at
require the CITY to repay the DISTRICT, this Agreement shall terminate in
accordance with the procedure set forth in Paragraph 11, Default.
5.2 In the event the CITY is obligated to repay the DISTRICT under any provision of
this Agreement, the CITY shall repay the DISTRICT within a reasonable time, as
determined by the DISTRICT in its sole discretion.
5.3 The CITY shall pay attorneys' fees and costs incurred by the DISTRICT, including
appeals, as a result of CITY'S failure to repay the DISTRICT as required by this
Agreement.
6. OPERATION AND MAINTENANCE. After construction is completed, the CITY sr�all
operate, use and maintain the PROJECT for a minimum of twenty (20) years, in such a
manner that the resource benefits required under the Agreement are achieved. In the
event the PROJECT is not operated, used and maintained in accordance with th�se
requirements, the CITY shall repay the DISTRICT an amount of five percent (5%;I of
total DISTRICT monies contributed to the PROJECT for each year or a fraction ther�eof
for the early termination of the PROJECT. The rights and remedies in this provision �re
in addition to any other rights and remedies provided by law or this Agreement.
7. CONTRACT PERIOD. This Agreement shall be effective February 1, 2013, and shall
remain in effect through October 31, 2014, or upon satisfactory completion of the
PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless
amended in writing by the parties. The C�TY shall not be eligible for reimbursement. for
any work that is commenced, or costs that are incurred, prior to the effective date of �his
Agreement.
8. PROJECT RECORDS AND DOCUMENTS. Upon request by the DISTRICT, the CRTY
shall permit the DISTRICT to examine or audit all PROJECT related records <�nd
documents during or following completion of the PROJECT at no cost to the DISTRI�T.
Payments made to the CITY under this Agreement shall be reduced for amounts found
to be not allowable under this Agreement by an audit. If an audit is undertaken by either
party, all required records shall be maintained until the audit has been completed and all
questions arising from it are resolved. Each party shall maintain all such records and
documents for at least three (3) years following completion of the PROJECT. E�ch
party shall allow public access to PROJECT documents and materials made or recei�ved
by either party in accordance with the Public Records Act, Chapter 119, F.S. Shauld
either party assert any exemption to the requirements of Chapter 119, F.S., the burr�en
of establishing such exemption, by way of injunctive or other relief as provided by qaw,
shall be upon the asserting party.
9. REPORTS.
9.1 The CITY shall provide the DISTRICT with a quarterly report describing the
progress of the PROJECT tasks, adherence to the performance schedule and
any developments affecting the PROJECT. The CITY shall promptly advise the
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DISTRICT of issues that arise that may impact the successful and tim�:ly
completion of the PROJECT.
9.2 Upon request by the DISTRICT, the CITY shall provide the DISTRICT with copMes
of reports, models, studies, maps or other documents resulting from the
PROJECT.
9.3 The CITY must ensure that the design of the PROJECT maximizes the resour�ce
benefits to the greatest extent practicable. The DISTRICT shall provide a writ�en
response to the CITY within ten (10) business days of receipt of the design pl�ns
either verifying the design plans appear to meet the requirements of t.he
Agreement or stating its insufficiencies. The CITY shall not finalize the design or
advertise the construction bid documents until the DISTRICT provides the
required verification. The DISTRICT'S verification shall not constitute an
approval of the design, or a representation or warranty that the DISTRICT hias
verified the architectural, engineering, mechanical, electrical, or other
components of the construction bid documents or that such documents ar� in
compliance with DISTRICT rules and regulations or any other applicable rules,
regulations or law. The CITY shall require the design professional to warrant t�at
the construction documents are adequate for bidding and construction of �the
PROJECT.
9.4 The CITY shall provide the reports and documents referenced in this provision at
no cost to the DISTRICT.
10. RISK LIABILITY, AND INDEMNITY.
10.1 To the extent permitted by Florida law, the CITY assumes all risks relating to the
PROJECT and agrees to be solely liable for, and to indemnify, defend and I�old
the DISTRICT harmless from all claims, loss, damage and other expenses,
including attorneys' fees and costs and attorneys' fees and costs on appeal,
arising from the construction, operation, maintenance or implementation of the
PROJECT. The acceptance of the DISTRICT'S funding by the CITY does not in
any way constitute an agency relationship befinreen the DISTRICT and the CITY.
10.2 The CITY agrees to indemnify, defend, and hold the DISTRICT harmless, to the
extent allowed under Section 768.28, F.S., from all claims, loss, damage and
other expenses, including attorneys' fees and costs and attorneys' fees and ccasts
on appeal, arising from the negligent acts or omissions of the CITY'S officers,
employees, contractors and agents related to its performance under this
Agreement. The DISTRICT shall have the right to approve counsel selected by
the CITY. This provision shall not be construed as a waiver of the CITY'S
sovereign immunity or an extension of CITY'S liability beyond the limits
established in Section 768.28, F.S. Additionally, this provision will not be
construed to impose contractual liability on the CITY for underlying tort claim� as
described above beyond the limits specified in Section 768.28, F.S.
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10.3 Nothing in this Agreement shall be interpreted as a waiver of the DISTRICT''S
sovereign immunity or an extension of its liability beyond the limits established in
Section 768.28, 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 task
deadlines established in this Agreement, as long as the terminating party is not in
default of any term or condition of this Agreement at the time of termination. To eff�ct
termination, the terminating party shall provide the defaulting party with a written "Notice
of Termination stating its intent to terminate and describing all terms and conditicrns
with which the1 defaulting party has failed to comply. If the defaulting party has not
remedied its default within thirty (30) days after receiving the Notice of Termination, t.'his
Agreement shall automatically terminate. If a default cannot reasonably be cure� in
thirty (30) days, then the thirty (30) days may be extended at the non-defaulting par�y's
discretion, if the defaulting party is pursuing a cure of the default with reasonable
diligence. The rights and remedies in this provision are in addition to any other rights
and remedies provided by law or this Agreement.
12. RELEASE OF INFORMATION. The parties agree not to initiate any oral or writ�en
media interviews or issue press releases on or about the PROJECT without providing
notices or copies to the other party no later than three (3) business days prior to the
interview or press release. This provision shall not be construed as preventing the
parties from complying with the public records disclosure laws set forth in Chapter 119,
F.S.
13. DISTRICT RECOGNITION. The CITY shall recognize DISTRICT funding in any reparts,
models, studies, maps or other documents resulting from this Agreement, and the fc�rm
of said recognition shall be subject to DISTRICT approval. If construction is involved,
the CITY shall provide signage at the PROJECT site that recognizes funding for �his
PROJECT provided by the DISTRICT. All signage must meet with DISTRICT written
approval as to form, content and location, and must be in accordance with local �ign
ordinances.
14. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits, Ic�cal
government approvals and all real property rights necessary to complete the PROJECT
prior to commencing any construction involved in the PROJECT. The DISTRICT shall
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained all permits, approvals, and property rights necessary to accomplish
the objectives of the PROJECT. In the event a permit, approval or property right is
obtained but is subsequently subject to a legal challenge that results in an unreasonable
delay or cancellation of the PROJECT as determined by the DISTRICT in its sole
discretion, the CITY shall repay the DISTRICT all monies contributed to the PROJE�T.
15. LAW COMPLIANCE. The CITY shall comply with all applicable federal, state and Ic�cal
laws, rules, regulations and guidelines, including those of the DISTRICT, related to
performance under this Agreement. If the PROJECT involves design services, the
CITY'S professional designers and the DISTRICT'S regulation and projects staff shall
meet regularly during the PROJECT design to discuss ways of ensuring that the final
design for the proposed PROJECT technically complies with all applicable DISTF�ICT
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rules and regulations. However, the DISTRICT undertakes no duty to ens�re
compliance with such rules and regulations.
16. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. The DISTRICT is
committed to supplier diversity in the performance of all contracts associated vuith
DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make
good faith efforts to encourage the participation of minority owned and woman owned
and small business enterprises, both as prime contractors and subcontractors, in �he
performance of this Agreement, in accordance with applicable laws.
16.1 If requested, the DISTRICT shall assist the CITY by sharing information to help
the CITY in ensuring that minority owned and woman owned and small
businesses are afforded an opportunity to participate in the performance of this
Agreement.
16.2 The CITY agrees to provide the DISTRICT with a report indicating all contract�rs
and subcontractors who performed work in association with the PROJECT, �he
amount spent with each contractor or subcontractor, and to the extent such
information is known, whether each contractor or subcontractor was a minarity
owned or woman owned or small business enterprise. If no minority owned or
woman owned or small business enterprises were used in the performance of #his
Agreement, then the report shall so indicate. The Minority/Women Owned �nd
Small Business Utilization Report form is attached as Exhibit "B." The report is
required upon final completion of the PROJECT prior to final payment, or within
thirty (30) days of the execution of any amendment that increases PROJECT
funding, for information up to the date of the amendment and prior to the
disbursement of any additional funds by the DISTRICT.
17. ASSIGNMENT. Except as otherwise provided in this Agreement, no party may assign
any of its rights or delegate any of its obligations under this Agreement, including any
operation or maintenance duties related to the PROJECT, without the prior wri#ten
consent of the other party. Any attempted assignment in violation of this provision is
void.
18. CONTRACTORS. Nothing in this Agreement shall be construed to create, or be implied
to create, any relationship befinreen the DISTRICT and any consultant or contractor of
the CITY.
19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construec� to
benefit any person or entity not a party to this Agreement.
20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is prohibqted
from using funds provided by this Agreement for the purpose of 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 been placed on the convicted vendor list following a conviction fc�r 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, or reply an a
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contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a pub�lic
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 in excess of the 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 contracts issued
as a result of this Agreement.
22. SCRUTINIZED COMPANIES. Pursuant to Section 287.135, F.S., a company that, at
the time of bidding or submitting a proposal for a new contract or renewal of an existing
contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinixed
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuanl: to
Section 215.473, F.S., is ineligible for, and may not bid on, submit a proposal for, or
enter into or renew a contract with an agency or local governmental entity for goods or
services of $1 million or more. Any contract with an agency or local governmental entity
for goods or services of $1 million or more entered into or renewed on or after July 1,
2011, must contain a provision that allows for the termination of such contract at the
option of the awarding body if the company is found to have submitted a false
certification as provided under Subsection 287.135(5), F.S., or has been placed on
either of the aforementioned lists. The CITY agrees to comply with the requirements of
Section 287.135, F.S. in connection with the implementation of the PROJECT.
23. GOVERNING LAW. All aspects of this Agreement are governed by Florida law �nd
venue shall be in Hernando County, Florida.
24. SEVERABILITY. If any provision or provisions of this Agreement shall be held to be
invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
25. SURVIVAL. The provisions of this Agreement that require performance after the
expiration or termination of this Agreement shall remain in force notwithstanding the
expiration or termination of this Agreement including Subparagraph 3.1, and Paragraphs
5, 6, 8, 10, 14, 17 and 24 and any provisions requiring an offset or other continuing
resource benefit.
26. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement befinreen the parties and, unless otherwise provit�ed
herein, may be amended only in writing, signed by all parties to this Agreement.
27. DOCUMENTS. The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority shall first be given
to the language in the body of this Agreement, then to Exhibit "A," and then to Exhibit
„B „
Exhibit "A" CITY'S Project Plan
Exhibit "B" Minority/Women Owned and Small Business Utilization Report Form
Page 9 of 10
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
By:
t
Robert R. Beltran, P.E. ate
Assistant Executive Director
CITY OF CLEARWATER
By: ez f Cr
rV. Hibbard, Mayor Date
e, e N. Cretekos
William B. Horne, City Manager Date
A roved as to form: Attest: OF �>
Leslie K ug I- ides Rosemarie Call
Assistant City rney City Clerk
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPROVEMENT-FLOOD PROTECTION MANDALAY AVENUE IMPROVEMENT AREA(N479-3)
DISTRICT APPROVAL INITIALS DATE
LEGAL
RISK MGMT -t
CONTRACTS o 6
BUREAU CHIEF I"
DIRECTOR
GOVERNING BOARD
Page 10 of 10
AGREEMENT NO. 13COOOOOr,)54
EXHIBIT "A"
CITY OF CLEARWATER PROJECT PLAN
Project Description:
This Stormwater Improvement — Flood Protection project is an Implementation of the B�est
Management Practices (BMPs) element of the DISTRICT'S Watershed ManagemPnt
Program (WMP) in the Beach Island Watershed, Mandalay Avenue Improvement Area. ��he
PROJECT upgrades the existing undersized stormwater system, adds additional pipes and
inlets, rehabilitates pipes, and adds finro (2) nutrient separating baffle boxes to collect leaves
and debris so the materials can be hauled off site for disposal (Attachment 1). The watershed
covers an area of approximately 21 acres and is located in the City of Clearwater. Currently,
stormwater runoff carries leaves and debris off Mandalay Avenue directly into Clearwater
Harbor.
The CITY will, separate to this Agreement and prior to implementation of this PROJE4;T,
design the BMPs in this improvement area, secure the necessary rights-of-way, easements,
all necessary permits for construction and construction documents.
Project Tasks:
The CITY shall:
1. Provide construction engineering and inspection (CEI) services, including survey,
observations, and materials testing, to ensure that the construction work is performed
in accordance with the final design verified by the DISTRICT.
2. Construct the PROJECT in accordance with the final design verified by the DISTRICT.
3. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss
the approach, schedule and budget.
Measurable Benefit:
Flood protection benefit
The PROJECT will remove or drastically minimize structures surcharging for a 10-year stc�rm
event (7.5 inches of rainfall over 24 hours). Based on the Mandalay Avenue Stormw�ter
Outfall Design Report dated December 13, 2011 developed by Advanced Engineering Design
Inc., the PROJECT provides street flood reductions up to 2.0' at several locations.
Water qualitv benefit
The PROJECT will provide'/2" rainfall water quality treatment for approximately 9.51 acres of
the 21-acres drainage basin by constructing finro (2) nutrient separating baffle boxes based on
the Mandalay Avenue Stormwater Outfall 100% Construction Design Plans developed on
September 6, 2012 by Advanced Engineering Design Inc.
Page 1 of 3
Project Deliverables:
The CITY will provide the DISTRICT with the following:
.
.
.
.
Quarterly Status Reports
Specifications and Bidding Documents (prior to posting)
Construction Plans
Construction Permits
Copy of environmental permit application packages and final permit
Copy of Contract with consultant and contractor (prior to execution)
Copy of Notice-To-Proceed to contractor
One copy of a summary of the construction quality assurance data, construc�ion
record drawings and permit related submittals.
Minority/Women Owned and Small Business Utilization Report
Project Budget:
Description DISTRICT CITY TOTAL
Construction $ 800,000 $ 800,000 $ 1,600,000
CEI $0 $0 $0
Total $ 800,000 $ 800,000 $1,600,000
Project Schedule:
Task
Bidding and Contractor Selection
Commence Construction
Complete Construction
Construction Records
Date
March 1, 2013
April 30, 2013
February 28, 2014
March 31, 2014
Additional task deadlines contained in the performance schedules of the consultant and
contractor contracts will be incorporated herein by reference.
The remainder of this page intentionally left blank.
Page 2 of 3
Attachment 1
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Page 3 of 3
AGREEMENT NO. 13C00000054
EXHIBIT "B"
MINORITY/WOMEN 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 re ardin 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 CERTIFIED MBE NON-CERTIFIED MBE UNKNOWN
CLASSIFICATION
Z � fn T S D� Z D T 2 DD Z D
AGREEMENT NO.: z �. D � � m y � m �. � m y � m
� � � (� D �2 < � (� D �Z < �
� �wC D A ZD � Z D n ZD � Z
PROJECT NAME: � o Z � � � m � � 3 D m �
� �m � m D � � � m D � �
T� D n Z Z D D n Z Z D
TOTAL PROJECT COST: � z Z z Z Z z
NAMES OF CONTRACTORS AND TOTAL AMOUNT PAID
SUBCONTRACTORS UTIUZED
*� Our organization does not collect minority status data.
Signature
Date Print Name and Title
16.00-026 (01 /07) Page 1 of 1