SECOND AMENDMENT FOR LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915)AGREEMENT NO: 18CF0000878/18CFCNTY878
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
AND
PINELLAS COUNTY
FOR
LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915)
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 having an address of 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, having an address of 112 Osceola Avenue, Clearwater, Florida 33756,
hereinafter referred to as the "CITY", and PINELLAS COUNTY, a political subdivision of the
State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, hereinafter
referred to as the "COUNTY."
WITNESSETH:
WHEREAS, the DISTRICT, the CITY and the COUNTY entered into an agreement effective
October 1, 2017, as amended June 15, 2021 (Agreement No. 18CF0000878), hereinafter
referred to as the "Existing Agreement," for design, permitting, and construction of conveyance
improvements along the Lower Spring Branch of Stevenson Creek in Pinellas County ; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to replace the
DISTRICT'S Contract Manager, the CITY'S Project Manager, the COUNTY'S Project Manager,
extend the contract period and modify the Project Schedule, and update contract language
applicable to the DISTRICT'S cooperatively funded projects.
WHEREAS, the CITY and the COUNTY acknowledges that the District will not enter into a
subsequent amendment to extend the expiration date of the Agreement.
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 modify the
DISTRICT'S Contract Manager with Andres Barbarossa, the CITY'S Project Manager with
Sam Reilly, and the COUNTY'S Project Manager with Ivan Dimitrov.
2. The first paragraph of the Funding Paragraph is hereby replaced in its entirety with the
following:
The parties anticipate that the total cost of the PROJECT will be Three Million Three
Hundred Twenty Thousand Dollars ($3,320,000) (Board -Approved Project Amount). The
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DISTRICTS maximum funding amount is One Million Six Hundred Sixty Thousand Dollars
($1,660,000). The CITY'S funding match is One Million Six Hundred Sixty Thousand
Dollars ($1,660,000) and cannot include state or federal appropriations, or grant monies,
as provided in Subparagraph 3. The COUNTY'S funding match is Five Hundred Thousand
Dollars ($500,000) and cannot include state or federal appropriations, or grant monies, as
provided in Subparagraph 4. 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.
3. Subparagraph 3 of the Funding Paragraph is hereby replaced in its entirety with the
following:
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 accordance with the Project Budget
set forth in the Project Plan, but at no point in time will the DISTRICT'S expenditure
amounts under this Agreement exceed expenditures made by the CITY and the COUNTY
combined.
4. Subparagraph 4 of the Funding Paragraph is hereby replaced in its entirety with the
following:
The CITY and the COUNTY'S funding match is based on the Board -Approved Project
Amount and cannot include state or federal appropriations, or grant monies. The
DISTRICT will not fund any PROJECT cost increases. State or federal appropriations, or
grant monies, may be used to cover PROJECT cost increases. Should those state or
federal appropriations, or grant monies, exceed PROJECT cost increases, the remaining
funds will be used to equally reduce the DISTRICT funding amount and the CITY and the
COUNTY'S Board -approved match. If PROJECT costs are equal to or less than the
Board -Approved Project Amount, state or federal appropriations, or grant monies, will
equally reduce the DISTRICT'S funding amount and the CITY and the COUNTY'S Board -
approved match. The CITY and the COUNTY shall provide written notice to the DISTRICT
if a) it intends to use state or federal appropriations, or grant monies, to fund PROJECT
costs, indicating the amount and funding source, and b) PROJECT costs are expected to
increase, indicating the increased amount and the funding source to cover the cost
increase. If the DISTRICT provides funding for the PROJECT in excess of the amount
required by this Agreement, after all state or federal appropriations, or grants monies have
been applied, the COOPERATOR will promptly refund such overpaid amounts to the
DISTRICT. This Subparagraph shall survive the expiration or termination of this
Agreement.
5. Subparagraph 11 of the Funding Paragraph is hereby replaced in its entirety with the
following:
Each COOPERATOR invoice must include the following certification, and the
COOPERATOR hereby delegates authority by virtue of this Agreement to its Project
Manager to affirm said certification:
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"I certify that the costs requested for reimbursement and the Cooperator's
matching funds are directly related to the performance under the Agreement
between the Southwest Florida Water Management District and the Cooperator
(Agreement No. 18CF0000878), are allowable, allocable, properly
documented, and are in accordance with the approved Project Budget. This
invoice includes $_ of contingency funds expenditures.
In accordance with Subparagraph 3 of the Funding Paragraph, the Cooperator
received a total of $_in federal or state appropriations, or grant monies for the
Project, and $_ has been allocated to this invoice, reducing the District's and
Cooperator's share of this invoice to $_ / $_ respectively. The Cooperator
expects the Project costs will increase by for a total Project cost of
The Cooperator intends to use the following state or federal appropriations, or
grant monies to fund increased Project costs: ."
6. New Subparagraph 13 of the Funding Paragraph is hereby added as follows:
Reimbursement for expenditures of contingency funds is contingent upon the DISTRICT'S
approval and determination, in its sole discretion, that the expenditures were necessary
to achieve the resource benefit of the PROJECT and were not in excess of what was
reasonably necessary to complete the PROJECT. The term "contingency funds" shall
include funds that are allocated for unanticipated or extra work needed to the complete
the PROJECT. Items not considered for reimbursement include those unrelated to the
resource benefit or resulting from design errors and defects in the work. The CITY and
the COUNTY, collectively, may submit up to 5% of the Board -Approved Project Amount
for contingency reimbursement. The DISTRICT'S total reimbursement obligation of
contingency expenses is limited to its funding percentage of the Board -Approved Project
Amount. If an invoice includes expenditures of contingency funds, the CITY and the
COUNTY shall complete and submit the Contingency Funds Justification form Exhibit "C",
attached hereto and made a part of this Agreement, to explain the basis of each line item
expenditure.
7. The Contract Period Paragraph is hereby amended to extend the expiration date of June
30, 2024 to December 01, 2029.
8. The Diversity In Contracting And Subcontracting Paragraph is hereby amended to delete
Subparagraphs 1 and 2.
9. The Documents Paragraph is hereby replaced in its entirety with the following:
The following document(s) is/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", then to Exhibit "C".
Exhibit "A"
Exhibit "C"
Project Plan
Contingency Funds Justification Form
10. The CITY'S Project Schedule section set forth in the Project Plan is hereby replaced in its
entirety with the following:
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PROJECT SCHEDULE (CITY
DESCRIPTION
COMMENCE
COMPLETE
Design
05/01/2024
07/01/2024
Permitting
05/01/2024
08/01/2024
Bidding & Contract Award
03/01/2027
05/01/2027
Construction and Construction engineering &
Inspection (CEI)
06/01/2027
06/01/2029
As -built Survey, Record Drawing & Substantial
Completion
06/02/2029
09/01/2029
11. 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
By:
Scott Letasi, P.E., PMP Date
Bureau Chief, Engineering and Project Management
CITY OF CLEARWATER
By:
Bruce
By:
Date
Jennifer o',l - r, City Manager
proved as to form:
z IS
tant City Attorney
impson
PINELLAS COUNTY
Date
-1D(1 Rosem - rie CaII
City Clerk
By:
Name:
Title:
Date
Authorized Signatory
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
AND
PINELLAS COUNTY
FOR
LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915)
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