COOPERATIVE FUNDING AGREEMENT FOR STORMWATER IMPLEMENTATION - FLOOD PROTECTION MAGNOLIA DRIVE IMPROVEMENT AREA (N445-3)AGREEMENT NO. 13C00000056
COOPERATIVE FUNDING AGREEMENT
• BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPLEMENTATION - FLOOD PROTECTION MAGNOLIA DRIVE
IMPROVEMENT AREA (N445-3)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and befinreen
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 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 under
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 Magnolia Drive 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 terms,
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 and
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. Notice is effective upon receipt.
Contract Manager for the DISTRICT: Project Manager for the CITY:
Scott Letasi, P.E. Ken Sides, P.E.
Southwest Florida Water Management District City Of Clearwater
2379 Broad Street 100 S Myrtle Avenue, Rm 220
Brooksville, Florida 34604-6899 Clearwater, Florida 33618
Any changes to the above representatives or addresses must be provided to the ather
party in writing.
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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 be in
writing, explain the reason for the extension and be signed by the Contract
Manager and his or her Bureau Chief, or Director if the Bureau Chief is the
Contract Manager, unless the DISTRICT'S Signature Authority provides
otherwise. The DISTRICT'S Signature Authority supersedes the approval
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 t�is
Agreement.
1.2 The DISTRICT'S Contract Manager is authorized to adjust a line item amount 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 any
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, �he
CITY shall perform the services necessary to complete the PROJECT in accordance
with the CITY'S Project Plan set forth in Exhibit "A." Any changes to this Agreement,
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, both
during and after construction and during and after the operation and maintenance of the
PROJECT, including the hiring and supervising of any consultants or contractors 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 MilNion
One Hundred Thousand Dollars ($1,100,000). The DISTRICT agrees to fund
PROJECT costs up to Five Hundred Fifty Thousand Dollars ($550,000) and shall h�ve
no obligation to pay any costs beyond this maximum amount. The CITY agrees to
provide all remaining funds necessary for the satisfactory completion of the PROJE�CT.
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 PROJECT
shall be applied to equally reduce each party's share of PROJECT costs. The
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 DISTRtCT'S written approval prior to
posting solicitations for consultants or contractors and prior to entering into
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agreements with consultants or contractors to ensure that costs to be reimbursed
by the DISTRICT under those agreements are reasonable and allowable under
this Agreement. Upon written DISTRICT approval, the budget amounts for the
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 ha.ve
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 DISTRICT shall reimburse the CITY
for fifty percent (50%) 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. Paym�nt
shall be made to the CITY within forty-five (45) days of receipt of an invoice vvith
adequate supporting documentation to satisfy auditing purposes. Invoices shall
be submitted to the DISTRICT every finro (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 Contract Manager in order to expedite the review process. FaiVure
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 aforementior�ed
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 achieve
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 party
invoices are not considered an allowable cost under this Agreement. Gosts
associated with in-kind services provided by the CITY are not reimbursable by
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the DISTRICT and may not be included in the CITY'S share of funding
contributions under this Agreement.
3.6 The DISTRICT has no obligation and shall 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 Stormwater Improvement — Flood Protection Magnalia
Drive Improvement Area (N445-3) agreement between the Southwest Florida
Water Management District and City of Clearwater (Agreement No.
13C00000056), are allowable, allocable, properly documented, and are in
accordance with the approved project budget. The CITY has been 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
� ,.
3.8 The DISTRICT'S performance and payment pursuant to this Agreement are
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 the PROJECT by July 1, 2013, sriall
complete construction of the PROJECT by November 11, 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 such catastrophes, or
other man-made emergencies such as labor strikes or riots, which are beyond �he
control of the CITY, the CITY'S obligations to meet the time frames provided 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 CITY is able
to resume performance of its obligations under this Agreement, in whole or in par�, it
shall immediately give the DISTRICT written notice to that effect and shall resume
performance no later than two (2) working days after the notice is delivered. The
suspension of the CITY'S obligations provided for in this provision shall be the CIT'Y'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 CITY
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
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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,
including the duration of the operation and maintenance obligations set forth in
Paragraph 6 of this Agreement. Should any of the above conditions exist that
require the CITY to repay the DISTRICT, this Agreement shall terminate in
accordance with the procedure set forth in Paragraph 12, 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 t�is
Agreement.
6. OPERATION AND MAINTENANCE. After construction is completed, the CITY shall
operate, use and maintain the PROJECT for a minimum of finrenty (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%) of
total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof
for the early termination of the PROJECT. 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 Agreement shall be effective upon execution by the parties
and shall remain in effect through April 15, 2015, or upon satisfactory completion of the
PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless
amended in writing by the parties. The CITY shall not be eligible for reimbursement for
any work that is commenced, or costs that are incurred, prior to the effective date of this
Agreement.
8. PROJECT RECORDS AND DOCUMENTS. Upon request by the DISTRICT, the CNTY
shall permit the DISTRICT to examine or audit all PROJECT related records and
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 fo�nd
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. Each
party shall allow public access to PROJECT documents and materials made or received
by either party in accordance with the Public Records Act, Chapter 119, F.S. Should
either party assert any exemption to the requirements of Chapter 119, F.S., the burden
of establishing such exemption, by way of injunctive or other relief as provided by Vaw,
shall be upon the asserting party.
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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
DISTRICT of issues that arise that may impact the successful and timely
completion of the PROJECT.
9.2 Upon request by the DISTRICT, the CITY shall provide the DISTRICT with copies
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 resource
benefits to the greatest extent practicable. The CITY shall provide the DISTRICT
with the 30%, 60%, and proposed final design in order for the DISTRICT to verify
that the design meets the requirements of this provision. The DISTRICT shall
provide a written response to the CITY within ten (10) business days of receipt of
the design plans either verifying the design plans appear to meet the
requirements of the Agreement or stating its insufficiencies. The CITY shall not
finalize the design or advertise the construction bid documents until �he
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 has verified the architectural, engineering, mechanical, electrical, or
other components of the construction bid documents or that such documents are
in compliance with DISTRICT rules and regulations or any other applicable rules,
regulations or law. The CITY shall require the design professional to warrant that
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 hold
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 design, 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 between 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 costs
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
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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 claims as
described above beyond the limits specified in Section 768.28, F.S.
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 failur� 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 effect
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 conditians
with which the' 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, �his
Agreement shall automatically terminate. If a default cannot reasonably 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 reasona�le
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 wri�ten
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 repnrts,
models, studies, maps or other documents resulting from this Agreement, and the f�orm
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 this
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 sign
ordinances.
14. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits, Yocal
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 PRO D STRICT a lemon es ontrhbutDed toh e PROJECTIe
discretion, the CITY shall repay th
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15. LAW COMPLIANCE. The CITY shall comply with all applicable federal, state and loc,al
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 DISTRICT
rules and regulations. However, the DISTRICT undertakes no duty to ensure
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 the
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 srmall
businesses are afforded an opportunity to participate in the performance of tthis
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 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 this
Agreement, then the report shall so indicate. The Minority/Women Owned and
Small Business Utilization Report form is attached as Exhibit "B." The repo�t 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 written
consent of the other party. Any attempted assignment in violation of this provisian is
void.
18. CONTRACTORS. Nothing in this Agreement shall be construed to create, or be implied
to create, any relationship between the DISTRICT and any consultant or contractor of
the CITY.
19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to
benefit any person or entity not a party to this Agreement.
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20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is prohibited
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 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, or reply or� a
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 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 vuith
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 Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant 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 f�lse
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 and
venue shall be in Hernando County, Florida.
24. SEVERABILITY. If any provision or provisions of this Agreement shall be held ta 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. SUR�� The provisions of this Agreement that require performance after the
expiration or termination of this Agreement shall remain in force notwithstandinc,�. 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 between the parties and, unless otherwise prowided
herein, may be amended only in writing, signed by all parties to this Agreement.
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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
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
�
Robert R. Beltran, P.E.
Assistant Executive Director
CITY OF CLEARWATER
By. — qt�/tt n G' C��OS
���¢��� Mayor
George��J,. Cre�ekp�
By: '�,u �lca:.�. t ��.+�-� �C_
William B. Horne, City Manager
Ap roved as to fo .
Leslie K ougall-Sid s
Assistant City Attorn
Date
.3/� t�/ �3
Date
�/ �
Date
Rosemarie Call
City Clerk
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPROVEMENT - FLOOD PROTECTION MAGNOLIA DRIVE tMPROVEMENT AREA (N445-3)
DISTRICT APPROVAL
LEGAL
RISK MGMT
CONTRACTS
BUREAU CHIEF
DtRECTOR
GOVERNING BOARD
Page 10 of 10
INITIALS D�A�T�E�:
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AGREEMENT N0. 13C00000056
EXHIBIT "A"
CITY OF CLEARWATER PROJECT PLAN
Project Description:
This Stormwater Improvement — Flood Protection project is an Implementation of the Best
Management Practices (BMPs) element of the DISTRICT'S Watershed Management
Program (WMP) in the Coastal Basin 1 Watershed, Magnolia Drive Improvement Area. The
PROJECT upgrades stormwater inlets, rehabilitates or replaces pipes, and install nutrient
separating baffle boxes to collect leaves and debris so the materials can be hauled off site for
disposal. The watershed covers an area of approximately 45 acres and is located in the Gity
of Clearwater (CITY). Currently, stormwater runoff carries leaves and debris off South Fort
Harrison Avenue, Druid Drive, Jasmine Way, and Magnolia Drive directly into St. Joseph
Sound.
Project Tasks:
The CITY shall;
1. Complete the design, permitting, preparation of contract documents, and to provide
construction engineering and inspection (CEI) services during construction, includi�ng
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:
Based on the Interflow Engineering, LLC Magnolia Drive Outfall Stormwater Collection and
Water Quality Improvements Basis of Design Report, dated October 8, 2012, the PROJECT
will provide the following benefits:
Flood protection benefit
During a 10yr-24hr storm event (7.5 inches of rainfall over 24 hours) the current street
flooding level of service (LOS) [Criterion is 6 inches or less of flooding depth] will imprave
from not meeting the LOS at 10 locations to meeting the LOS at 9 locations and reducing the
street flooding duration for the 10th location from 3.95 hours to 0.62 hours.
Water qualitv benefit
Water quality treatment for 45 acres of the drainage basin, including the reduction of total
suspended solids (TSS) by approximately 44%, total nitrogen (TN) by approximately 10%,
and total phosphorus (TP) by approximately 9%, as well as the removal of floatables and
oils/greases.
Page 1 of 2
Project Deliverables:
The CITY will provide the DISTRICT with the following:
• Quarterly Status Reports
• Specifications and Bidding Documents
• Construction Plans
• Construction Permits
• Copy of environmental permit applica�ion packages and final permit
• Bid Tabulation
• Copy of Contract with consultant and contractor
• Copy of Notice-To-Proceed to contractor
• One copy of a summary of the construction quality assurance data, construction recc�rd
drawings and permit related submittals.
• Minority/Women Owned and Small Business Utilization Report
Project Budget:
DESCRIPTION DISTRICT CITY TOTAL
Design $150,000 $150,000 $300,000
CEI $ 10,000 $ 10,000 $ 20,000
Construction $ 390,000 $ 390,000 $ 780,000
Total $ 550,000 $ 550,000 $1,100,000
Project Schedule:
Task
Design and Permitting Complete
Bidding and Contractor Selection
Construction Commence
Construction Complete
Construction Records
Date
July 1, 2013
August 31, 2013
October 31, 2013
November 11, 2014
December 31, 2014
Additional task deadlines contained in the performance schedules of any consultant and
contractor contracts will be incorporated herein by reference.
The remainder of this page intentionally left blank.
Page 2 of 2
AGREEMENT NO. 13C00000056
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.
�NDICATE THE ONE CATEGORY THAT BEST DESCRIBES EACH ORGANIZATION LISTED`
COOPERATOR: BUSINESS CERTIFIED MBE NON-CERTIFIED MBE UNKNOWN
CLASSIFICATION
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NAMES OF COM'RACTORS 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