COOPERATIVE FUNDING AGREEMENT (TYPE 3) FOR LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915) AGREEMENT NO18CF0000878
18CFCNTY878
COOPERATIVE FUNDING AGREEMENT (TYPE 3)
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
AND
PINELLAS COUNTY
FOR
LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915)
THIS COOPERATIVE FUNDING AGREEMENT (Agreement) is made and entered into by and
between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, F'1011da
34604-6899, hereinafter referred to as the "DISTRICT" and the CITY OF C[.EARWATEI` , a
municipal corporation of the State of Florida, whose address is 112 Osceola Avenue,
Clearwater, Florida 33756, hereinafter referred to as the "CITY," and PINELLAS COUN7TY, a
political subdivision of the State of Florida, whose address is 315 Court Street, Clear-water,
Florida 33756, hereinafter referred to as the "COUNTY."
WITNESSETH:
WHEREAS, the CITY and the COUNTY proposed a project to the DISTRICT for funding
consideration under the DISTRICT'S cooperative funding program; and
WHEREAS, the project consists of design, permitting, and construction of conveyance
improvements along the Lower Spring Branch of Stevenson Creek in Pinellas County,
hereinafter referred to as the "PROJECT", and
WHEREAS, the DISTRICT considers the resource benefits to be achieved by the PROJECT
worthwhile and desires to assist the CITY and the COUNTY in funding the PROJECT.
NOW THEREFORE, the DISTRICT, the CITY and the COUNTY, in consideration of the mutual
terms, covenants and conditions set forth herein, agree as follows:
1. PROJECT CONTACTS AND NOTICES.
Each party hereby designates the individual set forth below as its prime contact for matters
relating to this Agreement, Notices and reports shall be sent to the attention of each party's
prime contact as set forth herein by U.S, mail, postage paid, by nationally recognized
overnight courier, or personally to the parties' addresses as set forth below. Notice is
effective upon receipt.
The remainder of this page intentionally left blank.
Page 1 of 17
Contract Manager for the DISTRICT:
Robert Dowling
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34604
Project Manager for the CITY:
Roger T. Johnson
City of Clearwater
100 S Myrtle Ave, Room #220
C$eaiwater, Florida 33756
Project Manager for the COUNTY:
David Talhoulk
Pinellas County
14 South Ft. Harrison Avenue, 4t" Floor
Clearwater, Florida 33756
Any changes to the above representatives or addresses must be provided to the other
party in writing.
11 The DISTRICT'S Contract Manager is authorized to approve requests to extend a
PROJECT task deadline set forth in this Agreement. Such approval must be in
writing, explain the reason for the extension and be signed by the Contract
Manager and his or her Bureau Chief, or Director if the Bureau Chief is the Contract
Manager, unless the DISTRICT'S Signature Authority provides otherwise. The
DISTRICT'S Signature Authority supersedes the approval requirements provided
in this provision. The DISTRICT'S Contract Manager is not authorized to approve
any time extension which will result in an increased cost to the DISTRICT or which
will exceed the expiration date set forth in this Agreement,
1.2 The DISTRICT'S Contract Manager is authorized to adjust a line item amount of
the PROJECT budget contained in the Project Plan, or, if applicable, the refined
budget as set forth in Subparagraph 4 of the Funding Paragraph. The authorization
must be in writing, explain the reason for the adjustment, and be signed by all
appropriate DISTRICT staff in accordance with the DISTRICT'S Signature
Authority. The DISTRICT'S Contract Manager is not authorized to make changes
to the Scope of Work and is not authorized to approve any increase in the amounts
set forth in the funding section of this Agreement.
Z SCOPE OF WORK,
Upon receipt of written notice to proceed from the DISTRICT, the CITY and the COUNTY
shall perform the services necessary to complete the PROJECT in accordance with the
Project Plari Any changes to this Agreement, except as provided herein, must be mi..itjually
agreed to in a formal written amendment approved by the DISTRICT, the CITY and the
COUNTY prior to being performed by the CITY and the COUNTY. The CITY and the
COUNTY shall be solely responsible for managing and controlling the PROJECT, both
during and after construction and during and after the operation and maintenance of the
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PROJECT, including the hiring and supervising of any consultants or contractors they
engage.
The parties agree that time is of the essence in the performance of each obligation under
this Agreement,
3. FUNDING.
The parties anticipate that the total cost of the PROJECT will be Three Million Three
Hundred Twenty Thousand Dollars ($3,320,000). The DISTRICT agrees to fund
PROJECT costs as appropriated by the DISTRICT in accordance with Subparagraph 1
of this Funding Paragraph and anticipates funding PROJECT costs up to One Million Six
Hundred Sixty Thousand Dollars ($1,660,000) and shall have no obligation to pay any
costs beyond this anticipated maximum amount, The CITY agrees to fund PROJECT
costs up to One Million One Hundred Sixty Thousand Dollars ($1 ,160,000) and shall have
no obligation to pay any costs beyond this maximum amount. The COUNTY agrees to
fund PROJECT costs up to Five Hundred Thousand Dollars ($500,000) and shall have
not obligation to pay any costs beyond this maximum amount, The CITY and the
COUNTY will be the lead parties and agree to provide all remaining funds necessary for
the satisfactory completion of the PROJECT for their respective expenditures Under this
Agreement and pay PROJECT costs prior to requesting reimbursement frorn the
DISTRICT,
3.1 The DISTRICT will reimburse the CITY and COUNTY for the DISTRICT'S share of
the PROJECT costs in accordance with the Project Budget contained in the Project
Plan. The DISTRICT will reimburse the CITY fifty percent (50%) of all allowable
costs in each DISTRCT approved invoice up to the maximum DISTRICT
contribution of One Million One Hundred Sixty Thousand Dollars ($1,160,000) and
will reimburse the COUNTY fifty percent (50%) of all allowable costs in each
DISTRICT approved invoice received from the COUNTY up to the maximum
DISTRICT contribution of Five Hundred Thousand Dollars ($500,000). The
COUNTY will reimburse the CITY for twenty five percent (25%) of the construction
cost of the Douglas Avenue Crossing, not to exceed Two Hundred Seventy
Thousand Dollars ($270,000).
12 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
and the COUNTY recognizes that the DISTRICT has approved $625,000 for the
PROJECT through Fiscal Year 2018. The additional funds identified in this
Agreement are contingent upon approval of such amounts by the DISTRICT'S
Governing Board, in its sole discretion, in its annual budgets for future fiscal years,
The CITY'S and the COUNTY'S payment of any financial obligation under this
Agreement is subject to appropriation by the CITY'S Council and the COUNTY'S
Board of legally available funds.
13 The CITY and the COUNTY shall pay PROJECT costs prior to reqUesting
reimbursement from the DISTRICT. The DISTRICT shall reimburse the CITY and
the COUNTY for the DISTRICT'S share of allowable PROJECT costs in
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accordance with the Project Budget contained in the Project Plan. Reimbursement
for expenditures of contingency funds is contingent upon approvalt),y the
DISTRICT. If a reimbursement request includes the expenditure of contingency
funds, the CITY and COUNTY shall provide sufficient documentation to the
DISTRICT to explain the basis of the expense. The DISTRICT shall not reirnL'):.a'se
the CITY and the COUNTY 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 and the
COUNTY for fifty percent (50%) of all allowable costs in each DISTRICT approved
invoice received from the CITY or the COUNTY, but at no point in time shall the
DISTRICT'S expenditure amounts under this Agreement exceed expenditures
made by the CITY and the COUNTY combined, The parties acknowledge fl-at the
DISTRICT'S reimbursement percentage stated above is subject to change if the
percentage of the DISTRICT'S anticipated funding amount is changed due to
subseq(.,ie1L11L- Governing Board approvals, but amounts approved by the DISTRICT
in its annual budget shall not be reduced after the CITY and the COUNTY have
paid PROJECT costs of incurred obligations approved by the DISTRICT pursuant
to Subparagraph 5 of this Funding Paragraph and are otherwise reimbursable by
the DISTRICT under this Agreement.
3.4 Unless otherwise stated in this Agreement, any federal, state, local or grant monies
received by the CITY and the COUNTY for this PROJECT shall be applied to
equally reduce each party's share of PROJECT costs. The parties will provide each
other with written documentation detailing their allocation of any such funds
appropriated for this PROJECT. This Subparagraph shall survive the expiration or
termination of this Agreement.
3.5 The CITY and the COUNTY may contract with consultant(s), contractor(s) or both
to accomplish the PROJECT. The CITY and the COUNTY 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 and the COUNTY 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 and the COUNTY for costs incurred under
consultant and contractor agreements until the DISTRICT approvals required
under this provision have been obtained.
16 Payment shall be made to the CITY and the COUNTY within forty-five (45) clays 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 invoicg��terMatter s.or9, or at the following address;
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Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 15436
Brooksville, Florida 34604-5436
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 and tl'ie COUNTY for contingency expenses within a reasonable time to
accommodate the process provided for in Subparagraph 3 of this Funding
Paragraph.
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, FaflUre of
the CITY and the COUNTY to submit invoices to the DISTRICT in the manner
provided herein shall relieve the DISTRICT of its obligation to pay within the
aforementioned timeframe,
The DISTRICT makes payments electronically through the Automated Clearing
House (ACH) process. The CITY and the COUNTY each agree to complete the
DISTRICT'S Vendor Registration Form and Vendor Electronic Payment
Authorization Form to enable payments to be sent to CITY and the COUNTY
electronically. The forms may be downloaded from the DISTRICT'S website at
www,waterniatters.,M under Business & Finance — Contracts and Procurement.
Any questions regarding electronic payments may be directed to the DISTRICT's
Accounts Payable Lead at 352-796-7211, extension 4108.
3.7 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 provide the CITY and the COUNTY with fifteen
(15) days advance written notice that the DISTRICT shall withhold payments to the
CITY and the COUNTY until such time as the CITY and the COUNTY demonstrate
that the PROJECT shall achieve the required resource benefits, to provide the
CITY and the COUNTY with an opportunity to cure the deficiencies.
Furthermore, if at any point during the progression of the PROJECT, It Is
determined by the DISTRICT, in its sole discretion, that the Resource Benefit as
set forth in the Project Plan may not be achieved, the DISTRICT may terminate
this Agreement without any payment obligation. Such termination shall be effective
ten (10) days following the CITY'S and the COUNTY'S. receipt of written notice
from the DISTRICT.
3.8 Any travel expenses which may be authorized under this Agreement shall be paid
in accordance with Section 112,061, Florida Statutes (F.S.), as may be amended
from time to time, The DISTRICT shall not reimburse the CITY and the COUNTY
for any purpose not specifically identified in the Scope of Work Paragraph.
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
and the COUNTY are not reimbursable by the DISTRICT and may not be included
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in the CITY'S and the COUNTY'S share of funding contributions under this
Agreement.
19 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,
3.10 The DISTRICT has no obligation and shall not reimburse the COUNTY for any
costs under this Agreement until the Notice to Proceed with construction has been
issued to the COUNTY'S contractor,
311 Each CITY and COUNTY invoice must include the following certification, and the
CITY and the COUNTY hereby delegates authority by virtue of this Agreer-rient to
its Project Manager to affirm said certification:
For the CITY:
"l 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 Lower Spring Branch Conveyance Improvements (N91 5)
agreement between the Southwest Florida Water Management District and the
City of Clearwater (Agreement No. 18CF0000878), are allowable, allocable,
properly documented, and are in accordance with the approved Project BUdget.
T'Ns invoice includes $ of contingency expenses, The CITY has been allocated
a total of $— in federal, state, local or grant monies for this PROJECT (not
including DISTRICT funds) and $ has been allocated to this invoice, reducing
tl-ie DISTRICT'S and CITY'S share to respectively."
For the COUNTY:
"1 hereby certify that the costs requested for reimbursement and the COU NTY'S
matching funds, as represented in this invoice, are directly related to the
performance under the Lower Spring Branch Conveyance Improvements (N915)
agreement between the Southwest Florida Water Management District and
Pinellas County (Agreement No. 18CFCNTY878), are allowable, allocable,
properly documented, and are in accordance with the approved Project Budget.
This invoice includes $_ of contingency expenses. The COUNTY has been
allocated a total of $_ in federal, state, local or grant monies for this PROJECT
(riot including DISTRICT funds) and $ has been allocated to this invoice,
reducing the DISTRICT'S and COUNTY'S share to $_ 1 $, respectively,."
3.12 In the event any dispute or disagreement arises during the course of the
PROJECT, including whether expenses are reimbursable under this Agreement,
the CITY and the COUNTY will continue to perform the PROJECT work in
accordance with the Project Plan. The CITY and the COUNTY are 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
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receipt of notice, the dispute will be forwarded to the DISTRICT'S Assistant
Executive Director. The DISTRICT'S Assistant Executive Director in conSUItation
with the DISTRICT'S. Office of General Counsel will issue the DISTRICT'S final
determination, The CITY'S and the COUNTY'S continuation of the PROJECT work
as required under this provision shall not constitute a waiver of any legal r,,,.-,rnedy
available to the CITY and the COUNTY concerning the dispute.
4COMPLETION DATES,
The CITY and the COUNTY shall commence and complete the PROJECT and meet the
task deadlines in accordance with the Project Schedule set forth in the Project Plan,
including any extensions of time provided by the DISTRICT in accordance with
Subparagraph 1 of the Project Contacts and Notices Paragraph. In the event of
hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other
man-made emergencies such as labor strikes or riots, which are beyond the control of
either party, the CITY'S and the COUNTY'S obligations to meet the time frames provided
in this Agreement shall be suspended for the period of time the condition continues to
exist. During such suspension, this Agreement shall remain in effect. When the CITY and
the COUNTY are able to resume performance of its obligations under this Agreement, in
whole or in part, it shall immediately give the DISTRICT written notice to that effect and
shall resume performance no later than two (2) working days after the notice is delivered.
The suspension of the CITY'S and the COUNTY'S obligations provided for in this
provision shall be the CITY'S and the COUNTY'S sole remedy for the delays set forth
herein.
5. REPAYMENT.
5.1 The CITY and the COUNTY shall repay the DISTRICT al I funds the DISTRICT pa id
to the CITY and COUNTY under this Agreement, if: a) the CITY and the COUNTY
fall to complete the PROJECT in accordance with the terms and conditions of this
Agreement, including failing to meet the Measurable Benefit; b) the DISTRICT
determines, in its sole discretion and judgment, that the CITY and the COUNTY
have failed to maintain scheduled progress of the PROJECT thereby endangering
the timely performance of this Agreement-, c) the CITY and the COUNTY fail to
apl:.)ropriate sufficient funds to meet the task deadlines, unless extended in
accordance with Subparagraph 1 of the Project Contacts and Notices Paragraph,
or d) a provision or provisions of this Agreement setting forth the requirements or
expectations of a Measurable Benefit resulting from the PROJECT is held to be
invalid, illegal or unenforceable during the term of this Agreement, Including the
duration of the operation and maintenance obligations set forth in this Agreement.
Should any of the above conditions exist that require the CITY and the COUNTY
to repay the DISTRICT, this Agreement shall terminate in accordance with the
procedure set forth in the Default Paragraph.
5.2 Notwithstanding the above, the parties acknowledge that if the PROJECT fails to
meet the Measurable Benefit specified in this Agreement, the CITY and the
COUNTY may request the DISTRICT Governing Board to waive the repayment
obligation, in whole or in part.
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5.3 In the event the CITY and the COUNTY are obligated to repay the DISTRICT" under
any provision of this Agreement, the CITY and the COUNTY shall repay the
DISTRICT within a reasonable time, as determined by the DISTRICT in its sole
discretion.
5.4 The CITY and the COUNTY shall pay attorneys' fees and costs incurred by the
DISTRICT, including appeals, as a result of the CITY'S and the COUNTY'S failure
to repay the DISTRICT as required by this Agreement,
5.5 This Repayment Paragraph, including all subparagraphs, shall survive the
expiration or termination of this Agreement.
6. CITY OPERATION AND MAINTENANCE.
After construction is completed, the CITY shall operate, use and maintain its portion of
the PROJECT for a minimum of twenty (20) years, In such a manner that the Measurable
Benefit required under this Agreement is achieved. In the event a part of the CITY'S
portion of the PROJECT is not operated, used and maintained in accordance with these
requirements, the CITY shall repay the DISTRICT an amount of five percent (5%) of total
DISTRICT monies contributed to its portion of the PROJECT, for each year or a fraction
thereof for the early termination of the PROJECT, The CITY will be obligated to pay
attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result of the
CITY'S failure to repay the DISTRICT in accordance with this Paragraph. The rights and
remedies in this provision are in addition to any other rights and remedies provided by law
or this Agreement.
6.1 Within thirty (30) days after construction is completed, the CITY shall provide the
DISTRICT with construction record drawings for its portion of the PROJECT, to
include Resource Benefit calculations and methodology, signed and sealed by a
professional engineer, certifying that the Measurable Benefit has been achieved.
The CITY shall provide the DISTRICT with an operation and maintenance plan for
Its portion of the PROJECT that ensures the Measurable Benefitwill be maintained.
Every two (2) years following the completion of the PROJECT, the CITY shall
generate a report describing the operations and maintenance activities that took
place during the reporting period that certifies that the Measurable Benefit set forth
in the Project Plan has been maintained. The CITY'S obligation to generate reports
shall continue until the expiration of the 20-year operation and maintenance period.
6,2 The DISTRICT retains the right to audit any certification and the CITY shall provide
documentation as requested by the DISTRICT to support its certification that the
specified Measurable Benefit has been maintained.
6.3 This CITY Operation and Maintenance Paragraph, including all subparagraphs,
shall survive the expiration or termination of this Agreement.
7. COUNTY OPERATION AND MAINTENANCE.
After construction is completed, the COUNTY shall operate, use and maintain its portion
of the PROJECT for a minimum of twenty (20) years, in such a manner that the
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Measurable Benefit required under this Agreement is achieved. In the event a part of the
COUNTY'S portion of the PROJECT is not operated, used and maintained in accordance
with these requirements, the COUNTY shall repay the DISTRICT an amount of five
percent (5%) of total DISTRICT monies contributed to its portion of the PROJECJ-. for
each yeas- ()r a fraction thereof for the early termination of the PROJECT. The COIRNITY
will be objgated to pay attorneys' fees and costs incurred by the DISTRICT, imc-luding
appeals, as a result of the COUNTY'S failure to repay the DISTRICT in accordance with
this Paragraph, The rights and remedies in this provision are in addition to any other
rights and remedies provided by law or this Agreement.
7.1 Within thirty (30) days after construction is completed, the COUNTY shall provide
the DISTRICT with construction record drawings for its portion of the PROJECT,
to include Resource Benefit calculations and methodology, signed and sealed by
a professional engineer, certifying that the COUNTY'S portion of the Measurable
Benefit has been achieved. The COUNTY shall provide the DISTRICT with an
operation and maintenance plan for its portion of the PROJECT that ensures the
Measurable Benefit will be maintained. Every two (2) years following the
cornpletion of the PROJECT, the COUNTY shall generate a report describing the
operations and maintenance activities that took place during the reporling period
that certifies that the Measurable Benefit set forth in the Project Plan has been
maintained. The COUNTY'S obligation to generate reports shall continue until the
expiration of the 20-year operation and maintenance period.
7.2 The DISTRICT retains the right to audit any certification and the COUNTY shall
provide documentation as requested by the DISTRICT to support its certification
that the specified Measurable Benefit has been maintained.
7.3 This COUNTY Operation and Maintenance Paragraph, including all
subparagraphs, shall survive the expiration or termination of this Agreement.
& CONTRACT PERIOD.
This Agreement shall be effective October 1, 2017 and shall remain in effect through
September 1, 2021, or upon satisfactory completion of the PROJECT and subsequent
reimbursement to the CITY and the COUNTY, whichever occurs first, unless amended in
writing by the parties. The CITY and the COUNTY 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.
9. PROJEC"T RECORDS AND DOCUMENTS.
Upon request by the DISTRICT, the CITY and the COUNTY shall permit the DISTRICT
to examine or audit all PROJECT related records and documents during or following
completion of the PROJECT at no cost to the DISTRICT. Payments made to the CITY
and the COUNTY under this Agreement shall be reduced for amounts found to be not
allowable under this Agreement by an audit. If an audit is undertaken by any party, all
required records shall be maintained until the audit has been completed and all questions
arising from it are resolved. Each party shall maintain all such records and documents for
at least three (3) years following completion of the PROJECT. Each party shall allow
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public access to PROJECT documents and materials made or received by either party in
accordance with the Public Records Act, Chapter 119, F.S. Should any party assert any
exemption to the requirements of Chapter 119, F.S., the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the
asserting party. This Paragraph shall survive the expiration or termination of this
Agreement,
10. REPORTS.
10.13 The CITY and the COUNTY shall provide the DISTRICT with quarterly r-eports
describing the progress of the PROJECT tasks, adherence to the performance
sc�iedtde and any developments affecting the PROJECT. The CITY and the
COUNTY shall promptly advise the DISTRICT of issues that arise that may impact
the successful and timely completion of tl7e PROJECT, QUaiterly reports shall be
submitted to the DISTRICT'S Contract Manager no later than forty-five (4 5) days
following th-le completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar
quarters ending March 31, June 30, September 30 and December 31.
10.2 Upon request by the DISTRICT, the CITY and the COUNTY shall provide the
DISTRICT with copies of all data, reports, models, studies, maps or other
documents resulting from the PROJECT. Additionally, one (1) set, electronic and
hardcopy, of any final reports must be submitted to the DISTRICT as Record and
Library copies. This Subparagraph shall survive the expiration or termination of this
Agreement.
10.3 The CITY must ensure that the design of its portion of the PROJECT maximizes
the resource benefits to the greatest extent practicable, The CITY shall provide the
DISTRICT with the 30%, 60%, 90% and proposed final design, including
supporting documentation and Resource Benefit calculations and methodology, for
review by the DISTRICT, in order for the DISTRICT to verify that the proposed
design meets the requirements of the PROJECT, as set forth in the Project Plan,
The DISTRICT shall provide a written response to the CITY within ten (10)
business days of receipt of the proposed design plans and supporting
documentation either verifying the design plaris appear to meet the requirements
of this Agreement or stating its insufficiencies. 71w, CITY shall not finalize the
design or advertise the construction bid documents until the DISTRICT provides
the required verification. The DISTRICT'S verification shall not constitute an
approval of the design, or a representation or warranty that the DISTRICT has
verified the architectural, engineering, mechanical, electrical, or other components
of the C,onsLruction bid documents or that such documents are in compliance with
DISTRICT rules and regulations or any other applicable rules, regulations or law.
The CITY shall require the design professional to warrant that the construction
documents are adequate for bidding and construction of the PROJECT
10.4 The COUNTY shall provide the DISTRICT with the final design of its portion of the
PROJECT, including supporting documentation and Resource Benefit calculations
and methodology, for review by the DISTRICT in order for the DISTRICT to verify
that the design meets the requirements of the PROJECT as set forth in the Project
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Plan. A professional engineer shall, at a minimum, sign and seal the final design
drawings, including Resource Benefit calculations and methodology, The
DISTRICT shall provide a written response to the COUNTY within ten (10)
business days of receipt of the design drawings and supporting documentation
either verifying the design drawings appear to meet the requirements of this
Agreement or stating its insufficiencies, The DISTRICT'S verification shall not
constitute an approval of the design, or a representation or warranty fll-gat the
DISTRICT has verified the architectural, engineering, mechanical, electric,.--"d, or
other components of the construction bid documents or that such documents are
in compliance with DISTRICT rules and regulations or any other applicabie. rules,
regulations or law. The COUNTY shall require the design professional to Vwarrant
that the construction documents are adequate for bidding and construction of the
PROJECT.
10,5 The CITY and the COUNTY shall provide the data, reports and dOCUments
referenced in this provision at no cost to the DISTRICT,
11. RISK, LIABILITY, AND INDEMNITY.
11.1 To the extent permitted by Florida law, the CITY and the COUNTY assume all risks
relating to the PROJECT and agree to be solely liable for, and to Indemnify and
hold the DISTRICT harmless from all claims, loss, damage and other expenses,
including attorneys' fees and costs and attorneys`fees and costs on appeal, arising
from the design, construction, operation, maintenance or implementation of the
PROJECT,- provided, however, that the CITY and the COUNTY shall not indemnify
for that portion of any loss or damages proximately caused by the negligent act or
omission of the DISTRICT'S officers, employees, contractors and agents. The
acceptance of the DISTRICT'S funding by the CITY and the COUNTY does not in
any way constitute an agency relationship between the DISTRICT, the CITY and
the COUNTY.
11.2 The CITY and the COUNTY agree to indemnify and hold the DISTRICT han,�nless,
to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and
other expenses, including attorneys' fees and costs and attorneys' fees and costs
on appeal, arising from the negligent acts or omissions of the CITY'S and the
COUNTY'S officers, employees, contractors and agents related to its performance
under this Agreement,
11.3 This Risk, Liability, and Indemnity Paragraph, including all subparagraphs, shall
not be construed as a waiver of the CITY'S and the COUNTY'S sovereign iniinunity
or an extension of CITY'S and the COUNTY'S liability beyond the limits established
in Section 768.28, F.S. Additionally, this Risk, Liability, and Indemnity Paragraph,
including all SLtbparagt-aphS, will not be construed to impose contractual liability on
the CITY and the COUNTY for underlying tort claims as described above beyond
the limits specified in Section 768.28, F.S., nor be construed as consent by the
CITY and the COUNTY to be sued by third parties in any manner arising out of this
Agreement.
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11.4 Nothing in this Agreement shall be interpreted as a waiver of the DISTRICT'S.
sovereign immunity or an extension of its liability beyond the limits established in
Section 768.28, F.S., nor be construed as consent by the DISTRICT to be sued by
third pates in any manner arising out of this Agreement.
11.5 This Risk, Liability, and Indemnity Paragraph, including all subparagraphs, shall
survive the expiration or termination of this Agreement.
12. DEFAULT.
Any party may 'terminate this Agreement upon another party's failure to comply with any
term or condition of this Agreement, including the failure to meet task deadlines
established in this Agreement, as long as the terminating party is not in default of any term
or condition of this Agreement at the time of termination. To effect termination, the
terminating party shall provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing all terms and conditions with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement shall
automatically terminate. If a default cannot reasonably be cured in thirty (30) days, then
the thirty (30) days may be extended at the non-defaulting party's discretion, if the
defaulting party is pursuing a cure of the default with reasonable diligence. The rights and
remedies in this Paragraph are in addition to any other rights and remedies provided by
law or tNs Agreement.
13. RELEASE OF INFORMATION.
The parties agree not to initiate any oral or written media interviews or issue press
releases on or about the PROJECT without providing notices or copies to the other parties
no later than three (3) business days prior to the interview or press release. This
Paragraph shall not be construed as preventing the parties from complying with the public
records disclosure laws set forth in Chapter 119, F.S.
14. DISTRICT RECOGNITION.,
The CITY and the COUNTY shall recognize DISTRICT funding in any reports, models,
studies, maps or other (10CUments resulting from this Agreement, and the form of said
recognition shall be subject to DISTRICT approval. If construction is involved, the CITY
and the COUNTY shall provide signage at the PROJECT site that recognizes funding for
this PROJECT provided by the DISTRICT. All signage must meet with DISTRICT written
approval as to form, content and location, and must be in accordance with local sign
ordinances.
15. PERMITS AND REAL PROPERTY RIGHTS.
The CITY and the COUNTY shall obtain all permits, local government approvals and all
real property rights necessary to complete the PROJECT prior to commencing any
construction involved in the PROJECT. The DISTRICT shall have no obligation to
reimburse the CITY for any costs under this Agreement until the CITY has obtained all
permits, approvals, and property rights necessary to accomplish the objectives of the
Page 12 of 17
PROJECT. The DISTRICT shall have no obligation to reimburse the COUNTY for any
costs under this Agreement until the COUNTY has obtained all permits, approvals, and
property rights necessary to accomplish the objectives of the PROJECT. In the event a
permit, approval or property right is obtained but is subsequently subject to a legal
challenge that results in an unreasonable delay or cancellation of the PROJECT as
determined by the DISTRICT in its sole discretion, the CITY and the COUNTY steal i repay
the DISTF1'111ICT all monies contributed to the PROJECT. This Paragraph shall survive the
expiration or termination of this Agreement,
16. LAW COMPLIANCE.
The CITY and the COUNTY shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines, including those of the DISTRICT, related to perforn'lance
under this Agreement. If the PROJECT involves design services, the CITY'S and the
COUNTY'S professional designers and the DISTRICT'S regulation and projects staff shall
meet regularly during the PROJECT design to discuss ways of ensuring that the final
design for the proposed PROJECT technically complies with all applicable DISTRICT
rules and regulations. However, the DISTRICT undertakes no duty to ensure compliance
with such rules and regulations.
17. DIVERSITY IN CONTRACTING AND SUBCONTRACTING.
The DISTRICT is committed to supplier diversity in the performance of all contracts
associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY
and the COUNTY to make good faith efforts to encourage the participation of minority
owned and woman owned and small business enterprises, both as prime contractors and
subcontractors, in the performance of this Agreement, in accordance with applicable laws,
17.1 If requested, the DISTRICT shall assist the CITY and the COUNTY by sharing
information to help the CITY and the COUNTY in ensuring that minority owned and
woman owned and small businesses are afforded an opportunity to participate in
the performance of this Agreement.
17.2 The CITY and the COUNTY each agree to provide the DISTRICT with a report
indicating all contractors and subcontractors who performed work in association
wit]"i the PROJECT, the amount spent with each contractor or subcontractor, and
to the extent such information is known, whether each contractor or subconfi,actor
was a minority owned or woman owned or small business enterprise. If no minority
owned or woman owned or small business enterprises were used in the
performance of this Agreement, then the report shall so indicate. The
MinorityNVornen Owned and Small Business Utilization Report form is attached as
an exhibit. The report is required upon final completion of the PROJECT prior to
final payment, or within thirty (30) days of the execution of any amendment that
increases PROJECT funding, for information up to the date of the amendment and
prior to the disbursement of any additional funds by the DISTRICT.
Page 13 of 17
18. ASSIGNMENT.
Except as otherwise provided in this Agreement, no party may assign any of its rights or
delegate any of its obligations under this Agreement, including any operation or
maintenance duties related to the PROJECT, without the prior written consent of the other
parties. Any attempted assignment in violation of this provision is void, This Paragraph
shall survive the expiration or termination of this Agreement.
19. CONTRACTORS.
Nothing in this Agreement shall be construed to create, or be implied to create, any
relationship between the DISTRICT and any consultant or contractor of the CITY or the
COUNTY,
20. THIRD PARTY BENEFICIARIES.
Nothing in this Agreement shall be construed to benefit any person or entity not a party to
this Agreement.
21. LOBBYING PROHIBITION.
Pursuant to Section 216.347, F.S., the CITY and the COUNTY are prohibited frons using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial
branch or a state agency,
22. PUBLIC ENTITY CRIMES.
Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a ptiblic
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 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 in excess of the
threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36
months following the date of being placed on the convicted vendor list. The CITY and the
COUNTY agree to include this provision in all contracts issued as a result of this
Agreement,
21 SCRUTINIZED COMPANIES.
Pursuant to Section 287.135, FS., a company that, at the time of bidding or submitting a
proposal for a new contract or renewal of an existing contract, is on the Scrutinized
Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., or is
engaged in a boycott of Israel; is on the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, F.S.; or is engaged in business operations in Cuba
or Syria, is ineligible to, and may not bid on, submit a proposal for, or enter into or renew
Page 14 of 17
a contract with an agency or local governmental entity for goods or services of$1 million
or more. By signing this Agreement, the CITY and the COUNTY certifies that It is not
participating in a boycott of Israel, is not on any of the aforementioned lists, and it does
not have business operations in Cuba or Syria. The CITY and the COUNTY agree to notify
the DISTRICT if placement on any of the aforementioned lists occurs or if the CIT r" or the
COUNTY is engaged in a boycott of Israel or has business operations in Cuba or Syria.
TheDISTRICT may terminate this Agreement if the CITY or the COUNTY are found to
have submitted a false certification; has been placed on the Scrutinized Companies that
Boycott Israel List, or are engaged in a boycott of Israel; has been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities In the Iran Petroleum Energy Sector List; or has been engaged in bUsilless
operations in Cuba or Syria. If the DISTRICT determines CITY or the COUNTY submitted
a false certification, the DISTRICT may bring a civil action against the CITY and the
COUNTY which may result in a penalty equal to the greater of $2 million or twice the
amount of this Agreement and all reasonable attorneys' fees and costs.
24. COMPENSATORY TREATMENT AND MITIGATION.
This PROJECT shall not be used by the CITY or the COUNTY or any other entity as
compensatory water quality treatment or wetland mitigation or any other required
mitigation due to impacts for any projects. The PROJECT shall not be used for, WUP
withdrawal credits. In the event the PROJECT is used for compensatory water quality
treatment or mitigation or WUP withdrawal credits in violation of this Paragraph, the CITY
and the COUNTY shall repay the DISTRICT all funds the DISTRICT paid to the C17Y and
the COUNTY under this Agreement. The PROJECT can be used for self-mitigation due
to impacts specifically associated with the construction of the PROJECT. This Paragraph
shall survive the expiration or termination of this Agreement,
25. GOVERNING LAW
This Agreement is governed by Florida law and venue for resolving disputes under this
Agreement shall be exclusively in Hernando County, Florida. This Paragraph shall survive
the expiration or termination of this Agreement.
26. SEVERABILITY,
If any provision or provisions of this Agreement shall be held to be invalid, illegal, or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby. Notwithstanding the above, if a provision or
provisions of this Agreement setting forth the requirements or expectations of a
Measurable Benefit resulting from the PROJECT is held to be invalid, illega-I or
unenforceable during the term of this Agreement, this Agreement shall terminate in
accordance with Subparagraph 1 of the Repayment Paragraph. This Paragraph shall
survive the expiration or termination of this Agreement.
Page 15 of 17
27. ENTIRE AGREEMENT,
This Agreement and the attached exhibit(s) listed below constitute the entire agreement
between the parties and, unless otherwise provided herein, may be amended only in
writing, signed by all parties to this Agreement,
2& DOCUMENTS.
The following documents are attached and made a part of this Agreement. In the event of
a conflict of contract terminology, priority shall first be given to the language in the body
of this Agreement, then to Exhibit "A," and then to Exhibit "B."
Exhibit "A" Project Plan
Exhibit "B" Minority/Women Owned and Small Business Utilization Report Form
The remainder of this page intentionally left blank.
Page 16 c-f 17
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this Agreement on the day and year set forth next to their signatures below.
SOUTHWEST Fl,..- )RIDA WATER MANAGEMENT DISTRICT
B
Amanda Rice, P.E. bate
Assistant Executive Director
CITY OF CLEARWATER
George N. Creteos Date
Mayor
uw j
By: U ,d Hca r v..W ' 3F
_._.............. .� — .._... ................
William B. Horne If Date
City Manager
,,"7�"
Approved as to form Attest: "
'
9,A
1 �y
e
S t
r
Michael P . Fuino
Rosemarie CallT
Assistant City Attorney City Clerk tea`
1''s ' ,
PINELLAS COUNTY
By:
Ohl tce_ Kenneth T. Welch at
Chairman, Board of County Commissioners
Approved as to farm: Attest: Ken Burke, Clerk of the Circuit Court
f
By: A" I , .�1 By
_ _ ..
lain las aunty Attorney Dputy ClerkIT
COOPERATIVE FUNDING AGREEMENT(TYPE 3)
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT 1)1STIR ICT
ANIS
CITY OF CLE,ARWATER
AND
PINELL.AS COUNTY
FOR
LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS(N915)
'age 17 of 17
AGREEMENT NO: 18CFDO00878
18CFCN'TY878
EXHIBIT "A"
PROJECT PLAN
PROJECT DESCRIPTION
The PROJECT is a cooperative funding project located within the City of Clearwater in Pinellas
County. The PROJECT will reduce structure and street flooding during the 100 year, 24 hour
storm event, providing flood relief for approximately 11 homes, by constructing conveyance
improvements along the Lower Spring Branch of Stevenson Creek. The general location of the
PROJECT is shown on the attached map (Figure 1).
The CITY'S portion of the PROJECT includes design, permitting and construction of
conveyance improvements at the Douglas Avenue, Springtime Avenue and Overbrook Avenue
crossings. The COUNTY will reimburse the C[TY for 25% of the construction cost of the
Douglas Avenue crossing not to exceed two hundred seventy thousand dollars ($270,000).
The COUNTY'S portion of the PROJECT includes construction of conveyance improvements
at the Sunset Point Road crossing.
The COUNTY shall, separate to this Agreement and prior to implementation of the PROJECT,
design the stormwater improvement BMPs for the Sunset Point Road crossing and secLire the
necessary rights-of-way and easements necessary for construction.
RESOURCE BENEFIT
The reduction of the existing flooding problem during the 100 year, 24-hour storm event,
providing flood relief for approximately 11 homes.
MEASURABLE BENEFIT
The construction of conveyance improvements at the Douglas Avenue, Springtime Avenue,
Overbrook Avenue and Sunset Point Road crossings of the Lower Spring Branch systenn,
PROJECT TASKS
Key tasks to be performed by the CITY:
1 DESIGN — The CITY shall provide the necessary services such as survey, geotechnical
services, environmental services, and engineering services to develop design drawings
and technical specifications for construction. At each, design stage submittal, the CITY
shall provide Resource Benefit calculations and methodology.
2. PERMITTING —The CITY shall prepare and submit all necessary permit applications and
obtain necessary approvals.
1 BIDDING AND CONTRACT AWARD — The CITY shall procure a contractor to implement
the PROJECT based on the final design drawings and approved permits in accordance
with the procurement laws applicable to the CITY. Prior to bid advertisement, the CITY
shall identify those bid items for which reimbursement will be requested from the
DISTRICT.
Page 1 of 6
4. CONSTRUCTION —The CITY shall construct its portion of the PROJECT in conformance
with the final design drawings, specifications and approved permits.
5, CONSTRUCTION ENGINEERING AND INSPECTION (CEI) — For its porton of the
PROJECT. the CITY shall review all shop drawings, complete engineering inspections
and monitor all phases of construction by means of survey, observations, and materials
testing to give reasonable assurance that the construction work conforms to the permitted
drawings and design specifications. The CITY shall provide the DISTRICT with 'Inspection
documenl,s and photographs.
6. AS-BUILT SURVEY, RECORD DRAWINGS AND SUBSTANTIAL COMPLETION — For
its portion of the PROJECT, the CITY shall obtain and provide to the DISTRICT an As-
Built Survey signed and sealed and certified by a licensed Florida professional surveyor
and mapper, the Record Drawings signed by a professional engineer, and a certification
of Substantial Completion, signed by the CITY, contractor, and engineer, The CITY shall
provide the Resource Benefit calculations and methodology, signed and sealed by a
professional engineer, following completion of construction.
7. OPERATION AND MAINTENANCE - The CITY shall provide for the operation and
maintenance of its portion of the completed PROJECT to ensure it functions in
accordance with the final design drawings and conforms to all the conditions specified in
the environmental permits issued for the PROJECT. The CITY shall be identified as the
entity responsible for all operation and maintenance requirements in all permits issued for
its portion of the PROJECT. The CITY shall prepare an Operation and Maintenance Plan
detailing the inspection and maintenance activities to ensure optimum performance of its
portion of the PROJECT improvements.
PROJECT' `SAS KS
Key tasks to be performed by the COUNTY:
1. BIDDING AND CONTRACT AWARD — The COUNTY shall procure a contractor to
implement its portion of the PROJECT based on the final design drawings and approved
permits in accordance with the procurement laws applicable to the COUNTY. Prior to bid
advertisement, the COUNTY shall identify those bid items for which reimbursement will
be requested from the DISTRICT.
Z CONSTRUCTION — The COUNTY shall construct its portion of the PROJECT in
conformance with the final design drawings, specifications and approved permits.
3. CONSTRUCTION ENGINEERING AND INSPECTION (CEI) — For its portion of the
PROJECT, the COUNTY shall review all shop drawings, complete engineering
inspections and monitor all phases of construction by means of survey, observations, and
materials testing to give reasonable assurance that the construction work conforms to the
permitted drawings and design specifications. The COUNTY shall provide the DISTRICT
with inspection documents and photographs.
4. AS-BUILT SURVEY, RECORD DRAWINGS AND SUBSTANTIAL COMPLETION — For
its portion of the PROJECT, the COUNTY shall obtain and provide to the DISTRICT an
As-Built Survey signed and sealed and certified by a licensed Florida professional
Page 2 of 6
surveyor and mapper, the Record Drawings signed by a professional engineer, and a
certification of Substantial Completion, signed by the COUNTY, contractor, and engineer.
The COUNTY shall provide the Resource Benefit calculations and methodology, signed
and sealed by a professional engineer, following completion of construction.
5. OPERATION AND MAINTENANCE - The COUNTY shall provide for the operatic.)n and
maintenance of its portion of the completed PROJECT to ensure the PROJECT fun :tions
in accordance with the final design drawings, and conforms to all the conditions spelcified
in the environmental permits issued for the PROJECT. The COUNTY shall be identified
as the entity responsible for all operation and maintenance requirements in all permits
issued for its portion of the PROJECT, The COUNTY shall prepare an Operation and
Maintenance Plan detailing the inspection and maintenance activities to ensure optimum
performance of its portion of the PROJECT improvements.
DELIVERABLES (CITY)
1. Quarterly reports
2. Minutes of kick-off, pre-application and progress meetings
3. Design drawings at 30%, 60%, 90% and final design levels
4. Estimate of proposed construction cost at 30% design
5. Engineer's opinion of probable cost at 60%, 90% and final design
6. Technical SpeGifications at 60%, 90% and final design
7. Copy of all required federal, state and local environmental permit approvals and permitted
drawings
8. Construction bid packages for cost approval, with reimbursable items identified (prior to
posting)
9, Copy of contract with consultant and contractor (for cost approval, prior to execution)
10. Copy of executed contract with consultant and contractor
11. Copy of Notice to Proceed to contractor
12. Copy of construction permits
13. Dated colcr (digital) photographs of the construction site prior to, during, and immediately
following completion of construction
14. Construction inspection reports
15. As-Built Survey
16, Construction Record Drawings
17. Certification of Substantial Completion
18. Resource Benefit calculations and methodology
19. One (1) set. electronic and hardcopy, of any final reports and data files
20. Minority/Women Owned and Small Business Utilization Report
21. Operation and Maintenance Plan
22, Upon DISTRICT request, biennial Operation and Maintenance Report
DELIVERABLES (COUNTY)
1. Quarterly reports
Z Minutes of kick-off, pre-application and progress meetings
1 Design drawings at final design levels
4. Engineer's opinion of probable cost at final design
5. Technical Specifications at final design
6. Copy of all required federal, state and local environmental permit approvals and permitted
drawings
Page 3 of 6
7. Construction bid packages for cost approval, with reimbursable items identified (prior to
posting)
8. Copy of contract with contractor (for cost approval, prior to execution)
9. Copy of executed contract with contractor
10. Copy of Notice to Proceed to contractor
11. Copy of construction permits
12. Dated color (digital) photographs of the construction site prior to, during, and immediately
following completion of construction
13. Construction inspection reports
14. As-Built Survey
115. Construction Record Drawings
16. Certification of Substantial Completion
17, Resource Benefit calculations and methodology
18. One (1) set, electronic and hardcopy, of any final reports and data files
19. Minority/Women Owned and Small Business Utilization Report
20. Operation and Maintenance Plan
21. Upon DISTRICT request, biennial Operation and Maintenance Report
PROJECT S C H E D U L E (CITY_
DESCRIPTION COMMENCE COMPLETE
Design 12/19/2017 1/21/2019
Permitting 6/18/2018 1/21/2019
Bidding & Contract Award 2/4/2019 5/6/2019
Construction and Construction Engineering & Inspection
6/3/2019 12/7/2020
J)
As-Built
C E ..... ..........
As-Built Survey, Record Drawings & Substantial
12/812020 3/8/2021
Complejiqjj_____ ...... .......
PROJECT SCHEDULE_(COUNT Y)
...........
DESCRIPTION COMMENCE _COMPLETE_ _
Bidding & Contract Award 12/29/2017 5/31/2018
Construction and Construction Engineering & Inspection 6/29/2018 1011812'019
CEI) -—-------------- -----
As-Built Survey, Record Drawings & Substantial
11/25/201912/27/2019
Completion
...........
Additional task deadlines contained in the performance schedules of the consultant and
contractor contracts will be incorporated herein by reference.
The remainder of this page intentionally left blank.
Page 4 of 6
PROJECT BUDGET _
DESCRIPTION� DISTRICT CITY COUNTY TOTAL
Design �.. .... _... _.._. $100,000 $100,000 $0 __$200,000
._ .._. - — .... �
Permitting $20,000 $20,000 $0 $40,000
_ ... — _.
Bidding & Contract Award $2,500 $2,500 $0 $5,000
Construction
_._._....._._. __.........- - - ---- _.... _ __ _ - _ -
Douglas Avenue Crossing 5432,500 $432,500 $0* $865,000
..... ...w. _ _ _ ._ ....._ T. ....
Springtime Crossing 5297,500 $297,500 $0 $595,,000
_.. - _ _ — w _.
Overbrook Crossing 5297,500 $297,500 $0 $595,000
Sunset Road Crossing 5495,000 $0 $495,000 $990,000
General Construction $0 ${ $0 $0
_ a _...... __ -, _ - __
Construction Engineering & $0 $0 ' 0 $0
Inspection LCEI�___
As-Built Survey, Record Drawings $15,000 $30,000 $5,000 $30 000
Substantial Completion
TOTAL $1 660,Ot10 $1 160,000 $500,000 $3,320,000
*The COUNTY will reimburse the CITY for 251 of the construction cost of the Douglas
Avenue crossing not to exceedtwo-hundred seventy thousand dollars ($270,000).
Reimbursement for expenditures of contingency funds is contingent upon DISTRICT
approval in accordance with the Funding Paragraph in the Agreement. The CITY and
COUNTY must provide justification for the expenditure that will require documentation
including, but not limited to, the purpose and necessity of the expenditure, the reason the
expenditure was not included in the consultant or contractor agreement with the CITY and
COUNTY, expenditure cost comparisons and justification of the cost.
The remainder of this page intentionally left blank.
Page 5 of
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An Equal
Opportunity
Employer
Jeffrey M. Adams
Chair, Pinellas
Ed Armstrong
Vice Chair, Pinellas
Bryan K. Beswick
Secretary, DeSoto, Hardee,
Highlands
Michelle Williamson
Treasurer, Hillsborough
H. Paul Senft, Jr.
Former Chair, Polk
Randall S. Maggard
Former Chair, Pasco
John Henslick
Manatee
James G. Murphy
Polk
Kelly S. Rice
Citrus, Lake, Levy, Sumter
Joel Schleicher
Charlotte, Sarasota
Rebecca Smith
Hillsborough, Pinellas
Mark Taylor
Hernando, Marion
Scott Wiggins
Hillsborough
Brian J. Armstrong, P.G.
Executive Director
Southwest Florida
Water Management District
,lam 1�
Bartow Office
170 Century Boulevard
Bartow, Florida 33830-7700
(863) 534-1448 or
1-800-492-7862 (FL only)
March 5, 2019
Roger Johnson, P.E.
City of Clearwater
100 S. Myrtle Avenue, Room 220
Clearwater, Florida 33618
2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
WaterMatters.org
Sarasota Office
6750 Fruitville Road
Sarasota, Florida 34240-9711
(941) 377-3722 or
1-800-320-3503 (FL only)
Mr. David Talhouk
Pinellas County
14 South Fort Harrison Avenue, 4th Floor
Clearwater, Florida 33756
Tampa Office
7601 U.S. 301 North (Fort King Highway)
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-0797 (FL only)
MAR 1 2 2019
Subject: Lower Spring Branch Conveyance Improvements; Project No. (N915);
Agreement No. 18CF0000878 — Revised Completion Schedule
Dear Mr. Johnson & Mr. Talhouk:
The City of Clearwater (City) and Pinellas County (County) entered into an agreement with the
Southwest Florida Water Management District (District) on October 1, 2017, to complete the
Lower Spring Branch Conveyance Improvements project.
The City and County submitted a request to extend the project schedule as shown below. The
schedule revision is necessary to account for delays in executing the cooperative funding
agreement between the City, County and District, which was a 3 -party agreement, thus
requiring more work than typical cooperative funding agreements. The original and revised
dates are listed in the table below.
CURRENT PROJECT SCHEDULE (CITY
DESCRIPTION
COMMENCE
COMPLETE
Design
12/19/2017
1/21/2019
Permitting
6/18/2018
1/21/2019
Bidding & Contract Award
2/4/2019
5/6/2019
Construction and Construction Engineering & Inspection
(CEI)
6/3/2019
12/7/2020
As -Built Survey, Record Drawings & Substantial
Completion
12/8/2020
3/8/2021
Roger Johnson, P.E., City of Clearwater
Mr. David Talhouk, Pinellas County
Subject: Lower Spring Branch Conveyance Improvements; Project No. (N915);
Agreement No. 18CF0000878 — Schedule Modification Letter
Page 2
March 5, 2019
CURRENT PROJECT SCHEDULE (COUNTY
DESCRIPTION
COMMENCE
COMPLETE
Bidding & Contract Award
12/29/2017
5/31/2018
Construction and Construction Engineering & Inspection (CEI)
6/29/2018
10/18/2019
As -Built Survey, Record Drawings & Substantial Completion
11/25/2019
12/27/2019
REVISED PROJECT SCHEDULE (CITY
DESCRIPTION
COMMENCE
COMPLETE
Design
9/12/2018
05/30/2019
Permitting
10/31/2018
05/30/2019
Bidding & Contract Award
06/30/2019
9/30/2019
Construction and Construction Engineering & Inspection (CEI)
01/01/2020
06/30/2021
As -Built Survey, Record Drawings & Substantial Completion
07/01/2021
09/01/2021
REVISED PROJECT SCHEDULE (COUNTY
DESCRIPTION
COMMENCE
COMPLETE
Bidding & Contract Award
08/24/2018
01/08/2019
Construction and Construction Engineering & Inspection (CEI)
03/08/2019
07/08/2020
As -Built Survey, Record Drawings & Substantial Completion
08/08/2020
09/08/2020
In accordance with paragraph 1.1 of the agreement, as the District's Project Manager, I hereby
approve the request from the City's Project Manager to revise the project schedule. Please note that
the agreement expiration date of September 1, 2021, has not been changed. If the project cannot be
completed by the agreement termination date, it will be necessary to amend the Agreement.
Sincerely,
R.J. Dowling
Professional Engineer
Engineering and Watershed Management
Water Resources Bureau
rchand, P.E., Bureau Chief
Resources
RJD:bm
N915 18CF0000878 20190305 City of Clearwater Revised Comp Schedule
cc: Karen Frazier
Records (Contract File)