SECOND AMENDMENT FOR HILLCREST BYPASS CULVERT - N632AGREEMENT NO. 15C00000019
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
HILLCREST BYPASS CULVERT (N632)
This SECOND 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 "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an agreement effective October 1, 2014,
as amended August 29, 2017 (Agreement No. 15C00000019) hereinafter referred to as the
"Existing Agreement" for design, permitting, and construction of a box culvert from under
Browning Street to the north side of Jeffords Street to reduce structure flooding. This project
was identified in the Stevenson Creek Watershed Management Plan, which was prepared by
the CITY with the DISTRICT'S cooperative funding and participation, hereinafter referred to as
the "PROJECT"; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to extend the contract
period, update contract language applicable to the DISTRICT'S cooperatively funded projects,
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 Contract Period Paragraph is hereby amended to extend the expiration date of
October 31, 2019 to August 31, 2020.
2. The Scrutinized Companies Paragraph is hereby replaced in its entirety with the following:
22. SCRUTINIZED COMPANIES.
Pursuant to Section 287.135, F.S., 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 a contract with an agency or local
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governmental entity for goods or services of $1 million or more. By signing this
Agreement, CITY 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 agrees to notify the DISTRICT if placement on any of the
aforementioned lists occurs or if CITY is engaged in a boycott of Israel or has
business operations in Cuba or Syria. The DISTRICT may terminate this Agreement
if the CITY is found to have submitted a false certification; has been placed on the
Scrutinized Companies that Boycott Israel List, or is 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 business operations in Cuba or Syria. If the DISTRICT
determines CITY submitted a false certification, the DISTRICT may bring a civil
action against the CITY 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.
3. The Project Schedule section set forth in Exhibit "A" is hereby replaced in its entirety with
the following:
DESCRIPTION
DATE
Start Design and Permitting
February 7, 2015
30% Design Complete
April 30, 2015
60% Design Complete
August 7 ,2015
90% Design Complete
February 22, 2016
Complete Design & Permitting
May 13, 2016
Advertise Project
June 1, 2018
Bidding and Contractor Selection Complete
August 13, 2018
Start Construction
December 31, 2018
Finish Construction
January 6, 2020
Record Drawings Complete
March 31, 2020
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.
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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
2 7
By:
Jennette M. Seachrist, P.E. Date
Director, Resource Management Division
CITY OF CLEARWATER
By:
Date
Name-
Title-
Authorized Signatory
***SEE ATTACHED SIGNATURE PAGE FOR CITY OF CLEARWATER SIGNATURE**
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
HILLCREST BYPASS CULVERT(N632)
DISTRICT APPROVAL INITIALS DATE
LEGAL
RISK MGMT
CONTRACTS -jk��Iv
BUREAU CHIEF IL-I=t-0
DIRECTOR
GOVERNING BOARD
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Second Amendment to Agreement Between the Southwest Florida Water
Management District and City of Clearwater for Hillcrest Avenue Bypass Culvert
(N632)
Countersigned:
49.0011C\Cf t 4O5
George N. Cretekos
Mayor
Approved as to form:
Michael Fuino
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
d.L., tio.,
William B. Horne II
City Manager
Rosemarie CaII
City Clerk