FIRST AMENDMENT (3) FOR CLEARWATER GROUNDWATER REPLENISHMENT PROJECT - PHASE 3 (N665)AGREEMENT NO. 15C00000115
FIRST AMENDMENT (3)
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CLEARWATER GROUNDWATER REPLENISHMENT PROJECT — PHASE 3 (N665)
This FIRST AMENDMENT effective as of the 27th day of September, 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 the CITY OF CLEARWATER, a municipal
corporation of the State of Florida, whose address is 112 South Osceola Avenue, Clearwater,
Florida 33756, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an agreement effective January 27, 2015
(Agreement No. 15C00000115), hereinafter referred to as the "Existing Agreement," for design
to 30 %, third party review, full design, permitting and construction of a 3 million gallons per day
(mdg) water purification plant and associated aquifer recharge injection wellfield at
Clearwater's Northeast Water Reclamation Facility; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to increase the total
funding for the PROJECT and modify the Project Budget included in Exhibit "A" of the
Agreement due to results of the 30% design and third party review cost estimate that the
DISTRICT approved on September 27, 2016.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
herein, the parties hereby mutually agree to amend the Existing Agreement, as follows:
1. Paragraph 3, Funding, is hereby replaced in its entirety with new Paragraph 3, Funding,
as follows:
3. FUNDING. The parties anticipate that the total cost of the PROJECT, including the
third party review costs, will be Thirty Two Million Seven Hundred Sixteen Thousand
Dollars ($32,716,000). The DISTRICT agrees to fund the costs as appropriated by
the DISTRICT in accordance with Subparagraph 3.1 below and anticipates funding
PROJECT costs up to Sixteen Million Three Hundred Fifty Eight Thousand Dollars
($16,358,000) 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 3
2. Exhibit "A," Project Schedule, is hereby replaced in its entirety with the following:
Project Schedule
DESCRIPTION
COMMENCE
COMPLETE
30 Percent Design
January 12, 2016
July 1, 2016
Third Party Review
July 2, 2016
July 16, 2016
Final Design and Permitting
October 3, 2016
August 31, 2017
Construction and Testing
September 15, 2017
December 31, 2021
CEI
September 15, 2017
December 31, 2021
Public Outreach
January 27, 2015
December 31, 2021
3. Exhibit "A," Project Budget, is hereby replaced in its entirety with the following:
Project Budget
DESCRIPTION
DISTRICT
CITY
TOTAL
30 Percent Design
$425,686.00
$425,686.00
$851,372.00
Third Party Review
$31,891.50
$31,891.50
$63,783.00
Final Design and Permitting
$964,253.00
$964,253.00
$1,928,506.00
Construction and Testing
13,824,369.50
13,824,369.50
$27,648,739.00
CEI
611,800.00
611,800.00
1,223,600.00
Public Outreach
$500,000.00
500,000.00
1,000,000.00
TOTAL
$16,358.000.00
$16,358.000.00
$32,716,000.00
4. The terms, covenants and conditions set forth in the Existing 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 FIRST AMENDMENT on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:__
Amanda Rice, P.E. l ate
Assistant Executive Director
CITY OF CLEARWATER
By: GleDit e n Crttt -J --) 1
George N. Cretekos, Mayor Date
By: tA) 4,JIXa-M.Lti Add�.1� -�J L;ZP-ll %
Date
William B. Horne II, City Manager
Appr.ve. as to f.rm:
Mat hew th
Assistant City Attorney
Rosemarie Call
City Clerk
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CLEARWATER GROUNDWATER REPLENISHMENT PROJECT- PHASE 3 (N665)
Page 3 of 3
DISTRICT APPROVAL INJTIALS DATE
LEGAL 3%v/ i Z/l3 /l,
RISK MGMT AI
CONTRACTS
BUREAU CHIEF
DIRECTOR
GOVERNING BOARD
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