FIRST AMENDMENT FOR EAST GATEWAY STORMWATER IMPROVEMENT AREA - N602AGREEMENT NO. 15C00000022
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
EAST GATEWAY STORMWATER IMPROVEMENT AREA (N602)
This FIRST AMENDMENT effective upon execution by both parties, 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 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, 2014
(Agreement No. 15C00000022) hereinafter referred to as the "Existing Agreement" for design,
permitting, and construction of nutrient separating baffle boxes and additional stormwater
infrastructure necessary to transport runoff to provide water quality benefits for an area that
currently receives no treatment, and to alleviate street flooding, hereinafter referred to as the
"PROJECT"; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to replace the CITY'S
Project Manager, extend the contract period and modify the Project Schedule.
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. The Project Contacts and Notices Paragraph is hereby amended to replace the CITY'S
Project Manager with Jennifer W. Shannon, P.E.
2. The Contract Period Paragraph is hereby amended to extend the expiration date of May
31, 2018 to February 28, 2019.
3. The Project Schedule section set forth in Exhibit "A" is hereby replaced in its entirety with
the following:
The CITY shall be responsible for accomplishing the PROJECT within the following
timetable:
Page 1 of 3
DESCRIPTION
DATE
Start Design and Permitting
February 2, 2015
30% Design Complete
May 31, 2015
60% Design Complete
October 31, 2015
90% Design Complete
March 31, 2016
Complete Design & Permitting
July 31, 2016
Solicit Bids for Construction
August 31, 2016
Bidding and Contractor Selection Complete
December 9, 2016
Commence Construction
March 27, 2017
Complete Construction
October 31, 2018
Record Drawings Complete
November 30, 2018
Additional task deadlines contained in the performance schedules of any consultant and
contractor contracts will be incorporated herein by reference.
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:
ennette M. Seachrist, P.E. Date
Director, Resources Management Division
CITY OF CLEARWATER
B : —
Y10,
George N. Cretekos, Mayor Date
By: 0 �.4"-'r 11 m ji$
William B. Horne II, City Manager Date
Approved as to form: Attest: AF�IQ
�a
Gaffi4e -Sete Rosemarie Call ►'
Assistanteitp*tbamey City Clerk
Pamela K. Akin r4BlISttE01
City Attorney
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
EAST GATEWAY STORMWATER IMPROVEMENT AREA(N602)
DISTRICT APPROVAL INITIALS DATE.
LEGAL
RISK MGMT
CONTRACTS
BUREAU CHIEF LL-1 -i7
DIRECTOR 12-Ii'17
GOVERNING BOARD
Page 3 of 3
AGREEMENT NO. 15C00000022
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
EAST GATEWAY STORMWATER IMPROVEMENT AREA (N602)
This FIRST AMENDMENT effective upon execution by both parties, 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 "COOPERATOR."
WITNESSETH:
WHEREAS, the DISTRICT and the COOPERATOR entered into an agreement effective
October 1, 2014 (Agreement No. 15C00000022) hereinafter referred to as the "Existing
Agreement" for design, permitting, and construction of nutrient separating baffle boxes and
additional stormwater infrastructure necessary to transport runoff to provide water quality
benefits for an area that currently receives no treatment, and to alleviate street flooding,
hereinafter referred to as the "PROJECT"; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to
• extend the contract period and modify the Project Schedule,
• update contract language applicable to the DISTRICT'S cooperatively funded projects,
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. The Project Contacts and Notices Paragraph is hereby amended to replace the
COOPERATOR'S Project Manager with Jennifer W. Shannon, P.E.
2. The Contract Period Paragraph is hereby amended to extend the expiration date of May
31, 2018 to February 28, 2019.
3. New Paragraph 29, Discrimination, is hereby added as follows:
29. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or
affiliate who has been placed on the discriminatory vendor list 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
Page 1 of 3
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. The COOPERATOR agrees to include this provision in all contracts
issued as a result of this Agreement.
4. The Performance Schedule section set forth in Exhibit "A" is hereby replaced in its
entirety with the following:
DESCRIPTION
DATE
Start Design and Permitting
February 2, 2015
30% Design Complete
May 31, 2015
60% Design Complete
October 31, 2015
90% Design Complete
March 31, 2016
Complete Design & Permitting
July 31, 2016
Advertise Project
August 31, 2016
Bidding and Contractor Selection Complete
December 9, 2016
Start Construction
March 27, 2017
Finish Construction
October 31, 2018
Record Drawings Complete
November 30, 2018
5. 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.
Assistant Executive Director
CITY OF CLEARWATER
By: - cl?0(ttr\Cre\t1:05
George N. Cretekos, Mayor
Date
/!/2 J-®/ 7
ate
By: k),tilti4A/t. 8, 7Z 11,41,0 , 7
William :. orne II, City Manager Date
A• • form:
!i
Ca
roved as
o A. Soto'
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
FIRST AMENDMENT (CFI Type Number)
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
EAST GATEWAY STORMWATER IMPROVEMENT AREA (N602)
Page 3 of 3
DISTRICT APPROVAL
LEGAL
RISK MGMT
CONTRACTS
BUREAU CHIEF
DIRECTOR
GOVERNING BOARD
INITIALS DATE