COOPERATIVE FUNDING AGREEMENT FOR WOODLAWN TERRACE FLOODPLAIN STORAGE (N550)AGREEMENT NO.
COOPERATIVE FUNDING AGREEMENT (3)
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
WOODLAWN TERRACE FLOODPLAIN STORAGE (N550)
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 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 the creation of a new floodplain storage and water quality
improvements area along Spring Branch Creek and channel widening along an unnamed
tributary to Spring Branch Creek, 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:
1. 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:
R.J. Dowling, P.E.
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34604 -6899
Project Manager for the CITY:
Jennifer Shannon, P.E.
City of Clearwater
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100 S Myrtle Avenue, Rm 220
Clearwater, Florida 33618
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 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 this
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 3.4 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, the
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 Seven
Hundred Thousand Dollars ($700,000). The DISTRICT agrees to fund PROJECT costs
up to Three Hundred Fifty Thousand Dollars ($350,000) and shall have 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 PROJECT.
3.1 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. The
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CITY'S payment of any financial obligation under this Agreement is subject to
appropriation by the CITY'S Council of legally available funds.
3.2 The CITY shall pay PROJECT costs prior to requesting reimbursement from the
DISTRICT. The DISTRICT shall reimburse the CITY for the DISTRICT'S share of
allowable PROJECT costs in accordance with the PROJECT budget contained in
the Project Plan set forth in Exhibit "A." Reimbursement for expenditures of
contingency funds is contingent upon approval by the DISTRICT. If a
reimbursement request includes the expenditure of contingency funds, the CITY
shall provide sufficient documentation to the DISTRICT to explain the basis of the
expense. The DISTRICT shall not reimburse the CITY for any contingency funds
that the DISTRICT determines, in its sole discretion, to be in excess of what was
reasonably necessary to complete the PROJECT. 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 amounts under this Agreement exceed expenditures
made by the CITY.
3.3 Unless otherwise stated in this Agreement, 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.
3.4 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 reimbursed
by the DISTRICT under those agreements are reasonable and allowable under
this Agreement. The DISTRICT shall provide a written response to the CITY
within fifteen (15) business days of receipt of the solicitation or 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 have been obtained.
3.5 Payment 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 two (2) months electronically
at invoices ci.WaterMatters.org, or at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605 -1166
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The above - referenced payment due date shall not apply to that portion of an
invoice that includes contingency expenses. The DISTRICT agrees to reimburse
the CITY for contingency expenses within a reasonable time to accommodate the
process provided for in Section 3.2 of the Agreement.
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. Failure
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.
3.6 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 "Measurable Benefit "). 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 it is likely that the
Measurable Benefit, as set forth in the Project Plan, will 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.
3.7 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. Costs
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.
3.8 The DISTRICT has no obligation and shall not reimburse the CITY for any costs
under this Agreement until the Notice to Proceed with construction has been
issued to the CITY'S contractor.
3.9 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 Woodlawn Terrace Floodplain Storage (N550)
agreement between the Southwest Florida Water Management District and the
City of Clearwater (Agreement No. ), are allowable, allocable,
properly documented, and are in accordance with the approved project budget.
This invoice includes $ of contingency expenses. 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 $ ."
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3.10 In the event any dispute or disagreement arises during the course of the
PROJECT, including whether expenses are reimbursable under this Agreement,
the CITY will continue to perform the PROJECT work in accordance with the
Project Plan. The CITY is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute by providing the details and basis of the dispute to
the DISTRICT'S Contract Manager no later than ten (10) days after the
precipitating event. If not resolved by the Contract Manager, in consultation with
his or her Bureau Chief, within ten (10) days of receipt of notice, the dispute will
be forwarded to the DISTRICT'S Executive Director. The DISTRICT'S Executive
Director in consultation with the DISTRICT'S Office of General Counsel will issue
the DISTRICT'S final determination. The CITY'S continuation of the PROJECT
work as required under this provision shall not constitute a waiver of any legal
remedy available to the CITY concerning the dispute.
4. COMPLETION DATES. The CITY shall commence construction of the PROJECT by
December 2, 2013, shall complete construction of the PROJECT by June 30, 2015, 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 the 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 part,
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 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 CITY
under this Agreement, if: a) the CITY fails to complete the PROJECT in
accordance with the terms and conditions of this Agreement, including failing to
meet the Measurable Benefit; 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 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 11, Default.
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5.2 Notwithstanding the above, the parties acknowledge that if the completed
PROJECT fails to meet the Measurable Benefit specified in this Agreement, the
CITY may request the DISTRICT Governing Board to waive the repayment
obligation, in whole or in part.
5.3 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.
5.4 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 shall
operate, use and maintain the PROJECT for a minimum of twenty (20) years, in such a
manner that the Measurable Benefit required under the Agreement is achieved. In the
event the PROJECT is not operated, used and maintained in accordance with these
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.
6.1 The CITY shall provide the DISTRICT with an operation and maintenance plan
that meets the requirements of this provision. Every two (2) years following the
completion of the PROJECT, the CITY shall submit to the DISTRICT a report
describing the operations and maintenance activities that took place during the
reporting period and shall certify the Measurable Benefit set forth in the Project
Plan has been met.
6.2 The DISTRICT retains the right to audit any certification and the CITY shall
provide documentation as requested by the DISTRICT to support its certification
that the specified Measurable Benefit has been met.
7. CONTRACT PERIOD. This Agreement shall be effective October 1, 2013 and shall
remain in effect through September 30, 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 CITY
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 DISTRICT.
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. Each party
shall allow public access to PROJECT documents and materials made or received by
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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 law, 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
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 all data, 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 proposed final design, including supporting documentation for review by
the DISTRICT, 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 and
supporting documentation 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 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 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 data, 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 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; provided, however, that the CITY shall not indemnify for that portion
of any loss or damages proximately caused by the negligent act or omission of
the DISTRICT'S officers, employees, contractors and agents. The acceptance of
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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 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.
10.3 This Paragraph 10 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 Paragraph 10 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., nor be construed as
consent by the CITY to be sued by third parties in any manner arising out of this
Agreement.
10.4 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., nor be construed as consent by the DISTRICT to be sued
by third parties in any manner arising out of this Agreement.
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 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 conditions 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, this 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 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 written
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 reports,
models, studies, maps or other documents resulting from this Agreement, and the form
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
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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, local
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 PROJECT.
15. LAW COMPLIANCE. The CITY shall comply with all applicable federal, state and local
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 with
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 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 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 minority
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 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
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operation or maintenance duties related to the PROJECT, without the prior written
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 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.
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 on 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 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. GOVERNING LAW. This Agreement is governed by Florida law and venue for resolving
disputes under this Agreement shall be in Hernando County, Florida.
23. 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. Notwithstanding the
above, if a provision or provisions of this Agreement setting forth the requirements or
expectations of a Measurable Benefit resulting from the PROJECT is held to be invalid,
illegal or unenforceable during the term of this Agreement, this Agreement shall
terminate in accordance with Subparagraph 5.1.
24. 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 Subparagraphs 3.3 and 9.2, and
Paragraphs 5, 6, 8, 10, 14, 17, and 23 and any provisions requiring an offset or other
continuing resource benefit.
25. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
herein, may be amended only in writing, signed by all parties to this Agreement.
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26. 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
Exhibit "A" CITY'S Project Plan
Exhibit "B" Minority/Women Owned and Small Business Utilization Report Form
The remainder of this page intentionally left blank.
Page 11 of 12
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:
Robert R. Beltran, P.E., Executive Director Date
CITY OF CLEARWATER
By: --Cc ortt A Ceti
George N. Cretekos, Mayor
By: ill? atkit4A- / • �t
William B. Home II, City Manager
Approved as to form:
Leslie K. D 1R! all -Sides
Assistant Ci- Attorney
2 /20hy
Date
c_19,1
Date
Rosemarie Call
City Clerk
COOPERATIVE FUNDING AGREEMENT (3)
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
WOODLAWN TERRACE FLOODPLAIN STORAGE (N550)
Page 12 of 12
DISTRICT APPROVAL INITIALS
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AGREEMENT NO.
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 Stevenson Creek Watershed, Woodlawn Terrace Improvement Area.
The PROJECT includes the creation of a 3.52 acre pond for new floodplain storage and
water quality improvements along Spring Branch Creek and channel widening along 300' of
an unnamed tributary to Spring Branch Creek. A diversion weir will be installed within Spring
Branch Creek to divert flows from the creek into the floodplain storage and water quality
improvements area during low flows. Larger flows will be allowed to overtop the diversion
weir.
The CITY shall, separate to this Agreement and prior to implementation of this PROJECT,
design the PROJECT components, secure the necessary rights -of -way, easements and all
necessary permits for construction. The CITY shall also provide construction engineering
and inspection (CEI) services, including survey, observations, and materials testing, during
PROJECT construction and produce the certified "As- Built" construction drawings upon
completion of the PROJECT.
Project Tasks:
The CITY shall;
1. Construct the PROJECT in accordance with the final design verified by the DISTRICT.
2. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the
approach, schedule and budget.
Measurable Benefit:
Based on the King Engineering Associates, Inc. Woodlawn Terrace Floodplain Storage
Project Drainage Report, dated November 2012 and the Parsons Engineering Science, Inc.
Stevenson Creek Watershed Management Plan Final Report, dated August 2001, the
PROJECT will provide the following benefits:
Flood protection benefit
The PROJECT will be constructed concurrently with the Woodlawn Terrace Storm Sewer
Replacement project, which increases pipe sizes and conveyance, resulting in increased
downstream stages. The PROJECT provides the necessary storage and conveyance to
mitigate for the increased stages that would result from the Woodlawn Terrace Storm Sewer
Replacement project, if built alone. The projects will eliminate four structural floodplain level
of service deficiencies, eliminate roadway flooding for the 25 -year event, and reduce street
flooding for the 100 -year event by 2 feet. The floodplain storage area will provide
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approximately 17 acre -feet of floodplain storage. In addition, a 300' long section of the
channel north of State Street will provide additional storage and conveyance.
Water quality benefit
The 3.52 acre pond will provide wet detention treatment for a 121 acre drainage basin. The
wet detention pond will remove approximately -3000 pounds of total suspended solids (TSS)
and, pounds total nitrogen (TN) annually from the contributing storm water. This removal
will directly benefit Clearwater Harbor into which the discharge ultimately flows.
Project Deliverables:
• Quarterly Status Reports
• Final Construction Drawings and Technical Specifications
• Construction Permits
• Copy of all required federal, state and local environmental permit application packages
and final permits
• Copy of Contract with consultant and contractor in accordance with Subparagraph 3.4
• Copy of Notice -To- Proceed to contractor
• Construction quality assurance data
• Construction record drawings
• Operation and Maintenance Plan
• Bi- annual Operation and Maintenance Report
• Minority/Women Owned and Small Business Utilization Report
Project Schedule:
DESCRIPTION
COMMENCE
COMPLETE
Bidding & Contract Award
10/01/2013
11/21/2013
Construction
12/02/2013
06/30/2015
Additional task deadlines contained in the performance schedules of the contractor
contract(s) will be incorporated herein by reference.
Project Budget:
Description
DISTRICT
CITY
TOTAL
Construction
$350,000
$350,000
$700,000
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Page 2 of 2
AGREEMENT NO.
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 regarding use of this form should be directed to Contracts Administration, Phone (352) 796 -7211 ext. 4132.
COOPERATOR:
INDICATE THE ONE CATEGORY THAT BEST DESCRIBES EACH ORGANIZATION LISTED`
BUSINESS
CLASSIFICATION
CERTIFIED MBE
NON - CERTIFIED MBE
UNKNOWN
AGREEMENT NO.:
NON - MINORITY
SMALL BUSINESS
Section 288.703(1) F.S.
AFRICAN AMERICAN
HISPANIC AMERICAN
ASIAN /HAWAIIAN
AMERICAN
NATIVE AMERICAN
AMERICAN WOMAN
AFRICAN AMERICAN
HISPANIC AMERICAN
ASIAN /HAWAIIAN
AMERICAN
NATIVE AMERICAN
AMERICAN WOMAN
PROJECT NAME:
TOTAL PROJECT COST:
NAMES OF CONTRACTORS AND
SUBCONTRACTORS UTILIZED
TOTAL AMOUNT PAID
* 0 Our organization does not collect minority status data.
Signature
16.00 -026 (01/07)
Date
Page 1 of 1
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