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SECOND AMENDMENT FOR STORMWATER IMPLEMENTATION - FLOOD PROTECTION MAGNOLIA DRIVE IMPROVEMENT AREA - N445AGREEMENT NO. 13C00000056 SECOND AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STORMWATER IMPLEMENTATION - FLOOD PROTECTION MAGNOLIA DRIVE IMPROVEMENT AREA (N445) This SECOND AMENDMENT entered into and effective this 15th day of April 2016 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 October 1, 2012 (Original Agreement), as amended October 1, 2013, 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 further amend the Agreement to extend the contract period due to residents request to install brick streets, replace additional existing sanitary pipes, and replace an existing water main. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the Original Agreement, as amended, as follows: 1. Paragraph 1, Project Contacts and Notices, is hereby amended to replace the CITY'S Project Manager with Phuong Vo. 2. Paragraph 4, Completion Dates, is hereby amended to complete construction by December 31, 2018. 3. Paragraph 7, Contract Period, is hereby amended to extend the expiration date of April 15, 2016, to June 30, 2019. 4. Exhibit "A," Project Schedule, is hereby replaced in its entirety with the following schedule. DESCRIPTION COMMENCE COMPLETE Contract Engineer for Design & Permitting 03/27/2013 12/14/2015 30% Design Plans 04/04/2013 06/10/2013 60% Design Plans 06/10/2013 10/28/2013 Page 1 of 3 Acquire Permit 12/17/2013 01/22/2016 90% Design Plans 04/08/2014 04/07/2015 Final Design Plans 11/19/2015 12/14/2015 Bidding & Contract Award 01/13/2016 04/07/2016 Construction Activities 05/30/2016 12/31/2018 Final Acceptance Inspection 02/28/2019 04/30/2019 4. 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 2 of 3 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this SECOND AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: OU ' / ), 6-— MaFk A. Hammond, P.E. Date Director, Resource Management Division CITY OF CLEARWATER cr( ��o' By: George N. Cretekos, Mayor ate By: 3 '- ------------- William Hornell, City Manager [�,ate Apprq,red a to f Attest: "qq Camilo Soto Rosemarie Call; Assistant City Attorney City Clerk 0 'f"!- Q, X V El) 10'' SECOND AMENDMENT 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 DATIE LEGAL 2.5115 RISK MGMT CONTRACTS ---------- BUREAU CHIEF DIRECTOR GOVERNING BOARD Page 3 of 3