FIRST AMENDMENT TO AGREEMENT FOR STORMWATER IMPLEMENTATION - FLOOD PROTECTION MAGNOLIA DRIVE IMPROVEMENT AREA - N445MAR 052014
City 0xier AGREEMENT NO. 13C00000056
FIRST AM ENblVfNif '(` Yer1
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPLEMENTATION - FLOOD PROTECTION
MAGNOLIA DRIVE IMPROVEMENT AREA (N445)
This FIRST AMENDMENT effective as of the 1st day of October 2013 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 DISTRICT and the CITY entered into an Agreement effective June 5, 2013
(Original Agreement), for modifications to stormwater inlets, rehabilitation of pipes and
installation of debris collection devices in the Magnolia Drive Improvement Area; and
WHEREAS, the parties hereto wish to amend the Agreement to make the effective date of
the Original Agreement October 1, 2012, extend the contract period and revise the scope of
work due to the new recommended alternative design, which includes complete replacement,
versus rehabilitation, of most of the existing stormwater infrastructure and the installment of
additional debris collection devices.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the Original Agreement,
effective June 5, 2013, as follows:
1. Paragraph 1, Project Contacts and Notices, is hereby amended to replace the
DISTRICT'S Contracts Manager with R.J. Dowling, P.E.
2. Paragraph 3, Funding, is hereby amended to increase PROJECT funding by $2,000,000
by replacing the paragraph and all subparagraphs in their entirety as follows:
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Three
Million One Hundred Thousand Dollars ($3,100,000). The DISTRICT agrees to
fund PROJECT costs as appropriated by the DISTRICT in accordance with
Subparagraph 3.1 below and anticipates funding PROJECT costs up to One Million
Five Hundred Fifty Thousand Dollars ($1,550,000), and shall have no obligation to
pay any costs beyond this anticipated maximum amount. The CITY agrees to
provide all remaining funds necessary for the satisfactory completion of the
PROJECT.
Page 1 of 5
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
CITY recognizes that the DISTRICT has approved $1,550,000 for the
PROJECT through Fiscal Year 2014. The 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(a�WaterMatters.orq, or at the following address:
Page 2 of 5
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605 -1166
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 Stormwater Improvement - Flood
Protection, Magnolia Drive Improvement Area (N445) agreement
Page3of5
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. 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 $ ."
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.
3. Paragraph 4, Completion Dates, is hereby amended to commence the PROJECT by
March 27, 2013, and complete construction by January 1, 2016.
4. Paragraph 7, Contract Period, is hereby replaced in its entirety as follows:
7. CONTRACT PERIOD. This Agreement shall be effective October 1, 2012, and shall
remain in effect through April 15, 2016, 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.
5. The Exhibit "A," City of Clearwater Project Plan, is hereby replaced in its entirety with
Exhibit "A" attached hereto.
6. The terms, covenants and conditions set forth in the Original Agreement that have not
been specifically amended herein, will continue in existence, are hereby ratified, approved
and confirmed, and will remain binding upon the parties hereto.
The remainder of this page intentionally left blank.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this FIRST AMENDMENT 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: — C(C4r1e f1C "\0435
George N. Cretekos, Mayor
Date
By: j ,iv►, 1 91,1).43. II "f
William B. Horne II, City Manager Date
Approv-d as to form:
Laura M kbo
Assistant city Attorney
Attest:
Rosemarie CaII
City Clerk
FIRST AMENDMENT (3)
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPLEMENTATION - FLOOD PROTECTION
MAGNOLIA DRIVE IMPROVEMENT AREA (N445)
Page 5 of 5
DISTRICT APPROVAL INITIALS
LEGAL MB/14
RISK MGMT a 1f!
CONTRACTS X
BUREAU CHIEF st
DIRECTOR 6/1
GOVERNING BOARD
DATE
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this FIRST AMENDMENT on the day and year set forth inext to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Sy
E., ertjt.. 9: to Date
Brian J. Armstrong, P.G„ Assistant Executive Director
CITY OF CLEARWATER
Sy. .w
George N. Cretekos, Mayor Date
By:
William B. Horne Il, City erg,.,, ° Da.�r�
y g to
AT
Approved as to form: Attest:
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk ISWD
FIRST AMENDMENT(3)
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
STORMWATER IMPLEMENTATION-FLOOD PROTECTION
MAGNOLIA DRIVE IMPROVEMENT AREA(N445)
DISTRICT APPROVAL. INITIALS DATE:
LEGAL _ ' ,, _ �Xe e,, I,—
RISK MGMT _
CONTRACTS
BUREAU CHIEF ' - a/
DIRECTOR �1
GOVERNING BOARD '
Page 5 of 5
EXHIBIT "A"
PROJECT PLAN
Project Description:
AGREEMENT NO. 13C00000056
The 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 includes replacement and abandonment of the existing stormwater infrastructure
as shown on the attached diagram, and the installation of three nutrient separating baffle
boxes to collect leaves and debris, so waste materials can be hauled off site for disposal. The
watershed covers an area of approximately 45 acres and is located in the City of Clearwater
(CITY). Currently, stormwater runoff carries leaves and debris off South Fort Harrison
Avenue, Druid Drive, Jasmine Way, Bay Avenue, and Magnolia Drive directly into Clearwater
Harbor.
Project Tasks:
The CITY shall:
1. Complete the design, permitting, preparation of contract documents, land acquisition,
and provide construction engineering and inspection (CEI) services during construction,
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:
Based on the Magnolia Drive Outfall Stormwater Collection and Water Quality Improvements
Basis of Design Report produced by Interf low Engineering, LLC, dated December 6, 2012,
the PROJECT will provide the following benefits:
Flood protection benefit
The PROJECT involves the construction of Alternative 3 versus Alternative 1, which was
originally proposed with FY2013 funding. Alternative 1 results show 15 of 21 nodes have a
maximum flooding depth greater than 0.5 feet, while Alternative 3 results show only 2 of 21
nodes have a maximum flooding depth greater than 0.5 feet; both in the 10- year /24 -hour
storm event. During the 10- year /24 -hour event, the maximum roadway flooding will be
reduced from 1.30 feet to less than .66 feet and the maximum flooding durations will be
reduced from 235 minutes to 37 minutes or less (except Node N0010 near seawall).
Water quality benefit
The nutrient separating baffle boxes will provide water quality treatment for all but 0.9 acres
of the 45 acre drainage basin. The average derived efficiency for the second generation
baffle box was reported as 44% for non - dissolved solids, 10% for nitrogen, and 9% for
phosphorus. Each baffle box will also include a skimmer and boom to collect and absorb
Page 1 of 3
hydrocarbons. The additional baffle boxes will provide additional capacity which will reduce
the frequency of maintenance, therefore increasing the water quality benefit, especially in a
heavy canopy drainage basin. This removal will directly benefit Clearwater Harbor into which
the system directly flows.
Project Deliverables:
The CITY will provide the DISTRICT with the following:
• Quarterly Status Reports
• Conceptual Design or Basis of Design Reports, 30 %, 60 %, 90%
• Final Construction Drawings and Technical Specifications
• 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
• One copy of a summary of the construction quality assurance data, construction record
drawings and permit related submittals
• Two (2) sets, electronic and hardcopy, of any final reports
• Minority/Women Owned and Small Business Utilization Report
Project Schedule:
DESCRIPTION
COMMENCE
COMPLETE
Contract Engineer for Design & Permitting
03/27/13
05/31 /14
30% Design Plans
03/27/13
07/01/13
60% Design Plans
07/02/13
10/21/13
Acquire Permit
10/31/13
12/31/13
90% Design Plans
10/22/13
12/11/13
Final Design Plans
12/12/13
05/31/14
Bidding & Contract Award
06/01/14
09/30/14
Construction Contractor Mobilization
10/01/14
01/01/16
Construction and Construction
Engineering & inspection (CEI)
10/01/14
01/01/16
Substantial Completion Inspection
10/15/15
01/01/16
Final Acceptance Inspection
12/15/15
01/01/16
Additional task deadlines contained in the performance schedules of the consultant and
contractor contracts will be incorporated herein by reference.
Project Budget:
Description
DISTRICT
CITY
TOTAL
Design & Permitting
$150,000
$150,000
$300,000
Construction
$1,375,000
$1,375,000
$2,750,000
CEI
$25,000
$25,000
$50,000
Contingency
$0
$0
$0
Total
$1,550,000
$1,550,000
$3,100,000
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Magnolia Drive Outfall Project (N445)
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Map Gen By CRM Reviewed By KJS Date: 10/10/2013
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