SECOND AMENDMENT TO AGREEMENT FOR STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
AGREEMENT NO. 02CON000086
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF
BEST MANAGEMENT PRACTICES (K394 )
This SECOND AMENDMENT effective this 22nd day of September 2006 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, for
itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State
of Florida, whose address is 112 South Osceola Avenue, Clearwater, Florida 33758-4748,
hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 9, 2002
(Original Agreement), as amended March 9,2004, for a multi-year funded project to evaluate
and implement a stormwater management program in the Stevenson Creek Watershed; and
WHEREAS, the parties hereto wish to further amend the Original Agreement to identify the
Lake Bellevue Improvement Area as one of the projects being implemented under this
Agreement and to increase PROJECT funding.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties'hereby mutually agree to amend the Original Agreement, dated
April 9, 2002, as amended, as follows:
1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding One Million
Seven Hundred Sixty Three Thousand Twenty One Dollars and Two Cents $1,763,021.02
by replacing the first three sentences in their entirety as follows:
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Eight
Million Seven Huridred Sixty Four Thousand One Hundred Forty One Dollars and Two
Cents ($8,764,141.02). The DISTRICT agrees to fund PROJECT costs up to Three
Million Five Hundred Thousand Five Hundred Sixty Dollars and no cents
($3,500,560.00) and will have no obligation to pay any costs beyond this maximum
amount. The CITY agrees to fund PROJECT costs up to Five Million Two Hundred
Sixty' Three Thousand Five Hundred Eighty One Dollars and Two Cents
($5,263,581.02) and will be responsible for all costs in excess of the anticipated total
PROJECT cost.
2. Subparagraph 3.2 is hereby amended to increase the maximum amount to
$8,764,141.02.
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3. Exhibit "A," Paragraph 5, Completion Dates is hereby amended to complete construction
of the Glen .Oaks Stormwater Management Improvement Area by May 31, 2007, and of
the Lake Bellevue Improvement Area by September 30, 2009.
4. Exhibit "B," Project Description, is herby amended to replace the first paragraph with the
following:
This contract is a continuation of the multi-year funded, multi-phased project to
implement selected Best Management Practices (BMPs) developed in the Stevenson
Creek Watershed Management Plan that addresses flood protection, natural systems,
and water quality issues. This contract covers implementation of BMPs in two
Improvement Areas, Glen Oaks, and Lake Bellevue. It includes design, development
of construction documents, construction permitting, and land acquisition, bidding and
contractor selection, construction of the BMPs and construction engineering and
inspection for the Glen Oaks Area. It includes bidding and contractor selection,
construction of the BMPs and construction engineering and inspection for the Lake
Bellevue Area.
5. Exhibit "B," Project Budget and Project Schedule, is hereby replaced in their entirety with
the following.
The remainder of this page is blank intentionally
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A. Glen Oaks
Proiect Budget
TOTAL
$36,556.00
$6,879.00
$68,000.00
$111,435.0
$600,000.00
$608,000.00
$1,783,210.00
$79,200.00
$1,474,636.00
$104,362.20
$464,940.82
$5,114,349.02
Public Information Initiative and CLOMR
Other Direct Costs
ask Allowances
Baffle Box En Services
Bid . Permit Mod.
USACE Permittin & Site Char.
Subtotal:
otals:
Proiect Schedule
$11,139.00
$22,800.00
$4,284.00
$10,000.00
$6,000.00
$8,215.00
$62,438.0
$3,745,862.0
Activity
Initiation/Completion Dates
A. Select CONSULTANT
B. Select Projects
C. Commence Design & Permitting
D. Complete Design & Permitting
E. Commence construction
F. Complete construction
Complete
Complete
Complete
Complete
Complete
May 31,2007
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B. Lake Bellevue
Proiect Budaet
Selection
TOTAL
$0
$0
$0
DISTRICT
$0
$0
$0
CITY
$0
$0
$0
$2,700,000 $1,332,281 $1,367,719
$300,000 $150,000 $150,000
$3,000,000 $1,482,281 $1,517,719
Proiect Schedule
DESCRIPTION
Com lete Construction
DISTRICT Review of
assurance test results
COMPLETION DATES
Se tember 30,2009
as-built drawings and quality December 1, 2009
7. The terms, covenants and conditions set forth in the Original Agreement, (as amended),
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 left blank intentionally.
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.. >. . .1
.
IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on
the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. Moo
.,,27-01
Date
CITY OF CLEARWATER
By: 5~ ~
Frank Hibbard, Mayor
/ /
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'Date
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By:. ~4
William B. Horne II, City Manager
S/7/o7
Date
ATTEST:
/'
Approved as to form:
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM:
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394)
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lnl FEB -5. lW
DISTRICT APPROVAL INITIALS DATE
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RISK MGMT .
CONTRACTS
RM DEPT DIR
DEPUTY EXEC DIR V ~
GOVERNING BOARD
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
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